How to file a suit for recovery of money

572 votes

You have file a case against him for for recovery of money otherwise money will not be backed in your account kindly consult to a lawyer it's depends on you want a civil or crimal remedy against the guy

Advocate Akhil Verma LawRato

779 votes

You can file a suit for recovery against the concerned person by approaching te concerned court of your jurisdiction.
Firstly You intimate them about the particulars of the case by sending them a demand notice and then you validly file a suit for recover of the amount

Advocate Suneel Kumar LawRato

900 votes

Dear client .....,provide the full disclosure of facts so that proper and right guidance be provided to you

Advocate Sanjeev LawRato

858 votes

In this scenario, your best option is to lodge an fir u/s 406 ipc which is criminal breach of trust.
Basically it means that wen someone is entrusted with a property then he must return it in the same manner else 406 will be attracted

Advocate Imran Ibrahim LawRato

753 votes

Court fees will be attached with the plaint of the auit you want to file for recovery ...then a notice period will be given ....then the proceedings will start ...find a good lawyer and draft a plaint ....and file the suit...

Advocate Ankit Sharma LawRato

567 votes

As per provision of Section 3 of Limitation Act, you can sent a legal notice to the party demanding your money, in case party fail to pay you the money, you can file a recovery suit in the Civil Court.

Advocate Rohtash Kumar Solanki LawRato

891 votes

Ist of all you make sure you have all the documents in your possession, such as bills, material receipts, work orderlregular order for supply of materialany correspondence eith the partyetc. Than contact lawyer who after studying the documents available shall decide the future course of action I.e: if to serve notice or file a case for specific performance or recovery suit by affixing the requisite court fee. The limitation aspect shall have to be examined.

Advocate Yashvir Singh Gulia LawRato

664 votes

Dear in your case ap recovery suit dalne SE apko show karna padega mi apne kisi ko rupees rakhne ko diya. Ap kaise proov karoge ki apne kisi ko rupees diya. Agar apke pas koi document likhit me ha to ap recovery suit dal sakte ha. Otherwise no.

Advocate Satish Bhati LawRato

939 votes

The question where is your builder now ...start po proceeding if necessary and if he is out pf india then there is another procedure....these days lawyers don't know anything about this ....so just relax....

Advocate Ankit Sharma LawRato

896 votes

Hi
Ur whole case is subject matter to understand. When u have an order from consumer forum then u will file execution. I don't know u filed that or not?
2ndly, u should search any property in the name of that builder so that we can have order from court to attach that property in the process of execution.
If u had any agreement with that builder then u can file a separate case against him of breach of specific performance.
So we can decide with a cool mind what to do.
Feel free to contact me as I can plead this in a fruitful way.
ll the very best

Advocate Rahul Sidher LawRato

725 votes

Dear friend you firstly a written application give concern police station so/sho if the concerns police official did not registered your complaint then you move a application to so/SSP concerns and against your application not registered as a fir then you filed case u/s 156(3)crpc in concerns court

Advocate Mahesh Kumar Gupta LawRato

592 votes

How to file Recovery Suit under Order 37? What are the rules for filing Summary Suit under order 37 of Criminal Procedure Code 1908? How to file Order 37 Suit for recovery of money?




What is Order 37 Suit?
Civil Procedure Code Order 37 provides for the summary procedure. The provision has been made keeping in view certain suits, in order to prevent the unreasonable obstruction laid down by the defendant, who has no defence. Unlike other civil suits, the trial in summary suits begins after the court grants leave to the defendant to contest the suit. The court dealing with summary suits can pass the judgment in the favour of the plaintiff if (1) the defendant has not applied for leave to defend or if such application has been made but refused, or (2) the defendant who is permitted to defend fails to comply with the conditions on which the leave to defend was granted.

HIGH COURT AMENDMENTS RELATED TO SUMMARY SUITS

Bombay, Goa, Daman and Diu.- In Order XXXVII, substitute the following sub-rule (1) for the existing sub-rule (1) of Rule 1 :-

“1. (i) This order shall apply to the following Courts, namely:-

(a) The High Courts, City Civil Courts and Courts of Small Causes; and

(b) Such other Courts as may be specifically empowered in this behalf by the High Court from time to time by a Notification in the Official Gazette:

Provided that in respect of the Courts referred to the clause (b), the High Court may, by notification in the Official Gazette, restrict the operation of this Order only to such categories or suits as it deems proper and may also from time to time, as the circumstance of the case may require, by subsequent notification in the Official Gazette further restrict, enlarge or vary the categories of suits to be brought under the operation of this Order as it deems proper. (1.10.1983) and (1.10.1987).

Kerala, Laccadive, Minicoy and Aminidivi Islands.- Order XXXVII shall be omitted (9.6.1959).

What are the Rules for filing Order 37 Suit?
Rules related to summary suit under Civil Procedure Cord are:

1. Courts and classes of suits to which the Order is to apply.

1(1) This Order shall apply to the following courts, namely:-

(a) High Courts, City Civil Courts and Courts of Small Causes; and

(b) other courts;

Provided that in respect of the courts referred to in clause (b), the High Court may, by notification in the Official Gazette, restrict the operation of this order only to such categories of suits as it deems proper, and may also, from time to time, as the circumstances of the case may require, by subsequent notification in the Official Gazette, further restrict, enlarge or vary, the categories of suits to be brought under the operation of this order as it deems proper.

(2) Subject to the provisions of sub-rule

(1), the order applies to the following classes of Suits, namely:

(a) suit upon bills of exchange, hundies and promissory notes;

(b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest arising-

(i) on a written contract; or

(ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt(other than a penalty; or

(iii) on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only.

2. Institution of summary Suits.

(1) A suit, to which this Order applies, may, it the plaintiff desires to proceed hereunder, be instituted by presenting a plaint which shall contain,-

(a) a specific averment to the effect that the suit is filed under this Order;

(b) that no relief, which does not fall within the ambit of this rule, has been claimed in the plaint; and

(c) the following inscription, immediately below the number of the suit in the title of the suit, namely:-

(Under Order XXXVII of the Code of Civil Procedure, 1908)”.

(2) The summons of the suit shall be in form No. 4 in Appendix B or in such other Form as may , from time to time, be prescribed.

(3) The defendant shall not defend the suit referred to in sub-rule (1) unless he enters an appearance and in default of his entering an appearance the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree for any sum, not exceeding the sum mentioned in the summons, together with interest at the rate specified, if any, up to the date of the decree and such sum for costs as may be determined by the High Court from time to time by rules made in that behalf and such decree may be executed forthwith.

3. Procedure for the appearance of defendant.

(1) In a suit to which this Order applies, the plaintiff shall, together with the summons under rule 2, serve on the defendant a copy of the plaint and annexure thereto and the defendant may, at any time within ten days of such service, enter an appearance either in person or by pleader and, in either case, he shall file in court an address for service of notice on him.

(2) Unless otherwise ordered, all summonses, notices and other judicial processes, required to be served on the defendant, shall be deemed to have been duly served on him if they are left at the address given by him for such service.

(3) On the day of entering the appearance, notice of such appearance shall be given by the defendant to the plaintiff’s pleader, or, if the plaintiff sues in person, to the plaintiff himself, either by notice delivered at or sent by a prepaid letter directed to the address of the plaintiff’s pleader or of the plaintiff, as the case may be.

(4) If the defendant enters an appearance, the plaintiff shall thereafter serve on the defendant a summons for judgment in Form No. 4A in Appendix B or such other Form as may be prescribed fr6m time to time, returnable not less than ten days from the date of service supported by an affidavit verifying the cause of action and the amount claimed and stating that in his belief there is no defence to the suit.

(5) The defendant may at any time within ten days from the service of such summons for It's affidavit or otherwise d such facts as may be deemed sufficient to entitle him to defend , apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms as may appear to the court or judge to be just:

Provided that leave to defend shall not be refused unless the court-is-satisfied.*hat the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous or vexatious:

Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due is deposited by the defendant in court.

(6) At the hearing of such summons for judgment,-

(a) if the defendant has not applied for leave to defend, or if such application has been made and is refused, the plaintiff shall be entitled to judgment forthwith; or

(b) if the defendant is permitted to defend as to the whole or any part of the claim, the court or judge may direct him to give such security and within such time as may be fixed by the court of judge and that, on failure to give such security within the time specified by the court or judge or to carry out such other directions as may have been given by the court or judge, the plaintiff shall be entitled to judgment forthwith.

(7) The court or judge may, for sufficient cause shown by the defendant, excuse the delay the defendant in entering an appearance or in applying for leave to defend the suit.

4. Power to set aside decree

Under special circumstances, set aside the decree, and if necessary stay or set aside execution, and may give leave to the defendant to appear to the summons and to defend the suit, if it seems reasonable to the court so to do, and on such terms as the court thinks fit.

5. Power to Order bill, etc., to be deposited with officer of court.

In any proceeding under this Order the court may Order the bill, hundi or note on which the suit is founded to be forthwith deposited with an officer of the court, and may further Order that all proceedings shall be stayed until the plaintiff gives security for the costs thereof.

6. Recovery of cost of noting non-acceptance of dishonoured bill or note.

The holder of every dishonoured bill of exchange or promissory note shall have the same remedies for the recovery of the expenses incurred in noting the same for non-acceptance or non-payment, or otherwise, by reason of such dishonour, as he has under this Order for the recovery of the amount of such bill or note.

7. Procedure in Suits.

Save as provided by this order, the procedure in suits hereunder shall be the same as the procedure in suits instituted in the ordinary manner.




HIGH COURT AMENDMENT

Order XXXVII-A

“Karnataka. - After Order XXXVII and before Order XXXVII insert the following Order:

Order XXXVII-A

Interlocutory Applications:

(1) An interlocutory application means an application to the Court in any suit, appeal or proceeding already instituted in such Court other than an application for execution of decree or order or for review of judgment or for leave to appeal.

(2) Except where otherwise prescribed by rules or otherwise provided by any law for the time being in force, an interlocutory application shall state only the order prayed for and shall not contain any statement of facts or argumentative matter. Every application in contravention of this rule shall be returned for amendment or rejected.

(3) Every interlocutory application shall be supported by an affidavit. Where, however, the facts on which the application is based appear from the records in Court or relate to any act or conduct of the applicant’s pleader himself, the Court may permit a memorandum of facts signed by the applicant’s pleader to be filed instead of an affidavit.

(4) Any fact required to be proved upon an interlocutory proceeding shall, unless otherwise prescribed by rule, or ordered by Court be proved by affidavit, but the Judge may in any case direct evidence to be given orally, and thereupon the evidence shall be recorded and exhibits m ed in the same manner as in a suit.”(30.3.1967).

Advocate Siddhant Sharma LawRato