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Can summary suit be instituted directly in high court?
05-Jan-2023 (In Recovery Law)
20lac above recovery amt can we go direct in high court need summary suit expert.
If the amount is a liquidated amount then certainly we can file a summary suit under order 37 rule 2 of cpc, however if a claim is of unliquidated damages then summary suit doesnt lie. The suit must be based on invoices or cheques or promissory notes etc.
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Adv. Rushil Aiya
Mumbai | 100+ Answers
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No the suit has to filed first before the Civil Court of Original Jurisdiction i.e. before the Civil Judge Senior Division. There pecuniary jurisdiction of civil judge is up to 1 Cr in case of other districts than Bombay.
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Adv. Ujwal Phasate
Nagpur | 100+ Answers
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I do not know which state you are from. But if you are from Mumbai, Maharashtra then Rs. 20 lakh recovery suit will still land before the district court. Please check with advocate from your area about monetary jurisdiction
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