Which suit shall be filed recovery suit or summary suit

612 votes

Hi sir/madam.
No problem sir this document is enough we will file money suit. So you go to meet advocate

Advocate D Parthibhan LawRato

831 votes

you should file a recovery of money suit along with the proof of documents. you can file as a summary suit hence the case may end within 6 months. but you should file within 3 years which is time limitation for filing the case otherwise you will loose your right.

Advocate Satish Kumar LawRato

684 votes

Summary suit is governed by Order 37 of Civil Procedure Code. Order 37 reads as follows -

(2) Subject to the provisions of sub-rule (1), the Order applies to the following classes of suits, namely:-

(a) suits 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.]

Therefore to decide whether you can file a summary suit I would require to read the email in which the debtor has asked you for the money.

Regards,
Aditya

LawRato LawRato