Civil Pleading - Application_Order37Rule1_CPC_Summary_Suit_Negotiable_Instrument_Clean_Format

Category: Civil Law Documents

Updated:

APPLICATION UNDER ORDER 37 RULE 1, C. P. C. — SUIT FOR RECOVERY OF AMOUNT BASED ON A NEGOTIABLE INSTRUMENT (Under Order 37 Rule 1 C. P. C. ) IN THE COURT OF THE.................... Suit No..................... of 19.................... Under Order 37 Rule 1 C. P. C.................................... C. D................................................................... Plaintiff VERSUS C. F................................................................ Defendant The plaintiff abovenamed, states as follows: 1. That the defendant purchased clothes for the marriage of his son, on .................... from the shop of the plaintiff for Rs...................... details of which is given in the Schedule annexed hereto, and paid the consideration amount therefor through a Payee’s Account cheque N.................. dated, drawn on................... Bank. 2.

That the plaintiff presented the cheque aforesaid to the Bank through his bank, and on.................... 19.................... the cheque has been returned un-honoured with the remarks "Refer to the drawer". 3. That in the City of.................... Order 37 of the Code of Civil Procedure has been made applicable and the amount aforesaid may be recovered through summary procedure under this provision. 4. That cause of action arose on.......... 19.......... when the cheque was dishonoured by the defendant’s Bank, and this Court has jurisdiction to decide the suit. 5. That the suit is valued at Rs..................... the amount aforesaid, and court-fee is paid thereon. RELIEF CLAIMED: The plaintiff claims payment of Rs.....................

through summary procedure under Order 37 of the Code of Civil Procedure from the defendant, and interest on the amount from the date of suit till payment thereof. It is accordingly prayed. Plaintiff Through Advocate Place................... Dated.................. VERIFICATION I, the above-named plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.............. 19.................... at.................... Plaintiff