IN THE COURT OF DISTRICT JUDGE PUNE

SUIT NO ................ OF 20..

(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL

PROCEDURE, 1908)

IN THE MATTER OF:

Mr. Rahul

…….Plaintiff

VERSUS

Mr. Rajat

…….Defendant

SUIT FOR RECOVERY OF RS. 1,00,000 UNDER ORDER XXXVII

OF CODE OF CIVIL PROCEDURE, 1908.

MOST RESPECTFULLY SHOWETH:

The humble plaintiff above named hereby respectfully states as

under:

1. That plaintiff is a normal business and has a small clothes shop at

Plot No.-6, Rambaug colony, Pune and the respondent is

 a resident of cannaught place , Delhi. The respondent is a

friend of the plaintiff and the plaintiff and respondent are in

contact with each other since 2010.

2. That on 11th May 2019 respondent visited Pune and met

plaintiff and defendant requested a sum of Rs. 1,00,000 as he

faced a loss in his business for a period. The plaintiff gave him

1,00,000 in cash at Pune.

3. That when one year passed and on 12th May 2020 plaintiff

called respondent to give his Rs.1,00,000 back to which

respondent requested another month in order to pay his

money back.

4. That after a month on 15 th June when the plaintiff called

respondent to pay his due and lended amount but defendant

clearly denied that he will not make any payments.

5. That plaintiff then set a legal notice to defendant for recovery

of his money lended to the respondent through his advocate

to the address of defendant by registered post but till date no

reply of the same has been received.

6. That since respondent has failed and refused to pay Rs.

1,00,000 lended to him by the plaintiff even after 1 and a

half
 year the plaintiff has left with no other remedy left but

filing the present suit.

7. The suit is within the period of limitation.

8. This Hon‟ble Court has jurisdiction to entertain this suit

because the part of the cause of action arose in Pune. All

the payments upto this date have been made at Pune and

the payment of the outstanding amount was also to be

made at Pune.

9. The value of this suit for the purposes of court fee and

jurisdiction is Rs. 1,00,000 on which prescribed court fee of

has been paid.

10. That this suit is filed under Order XXXVII of the Code of

Civil Procedure and no relief has been claimed which does not

fall within the ambit of Order XXXVII.

PRAYER:

It is, therefore most respectfully prayed that this Hon ‟ble Court

may be pleased to :-

● Pass a decree for Rs. 1,00,000 with interest @ 15% per

annum from 10th May 2019 upto the date of filing the suit in

favour of the Plaintiff and against the Defendant;

● Award cost of the suit in favour of the Plaintiff and against the

Defendant; and

● Pass such other and further order(s) as may be deemed fit

and proper on the facts and in the circumstances of this

case.

Place and Date

Plaintiff

Through

Counsel

VERIFICATION:

Verified at Pune on this 2nd day of October 2020 that the

contents of paras 1 to 10 of the plaint are true to my knowledge

derived from the records of the Plaintiff maintained in the

ordinary course of its business, those of paras 1 to 10 are true on

information received and believed to be true and last para is the

humble prayer to this Hon‟ble Court.

Plaintiff
 Will deed

This Will is executed today the 24 day of may, 2020 at jhansi by

Ramesh gupta, Age: 65 years, S/o Shankar gupta originally resident of
jhansi Tehsil jhansi, District jhansi, State uttar Pradesh at present
residing at avas vikas jhansi, Tehsil jhansi, District jhansi (hereinafter
called the executant/testator of this Will, in complete senses, without
any force or coercion or undue influence induced upon him from any
quarter whatsoever;
Whereas, the Testator own and possess a residential House numbered
141/2 sahini vihar,jhansi. The house mentioned above stands
constructed on a piece of land measuring 1800sq feet at the
abovementioned place which is comprising two bedrooms, one lobby,
one small store, one kitchen, two bathrooms, one room at its first floor
along with attached bathroom and a verandah which is the self-acquired
property of the Testator. The Testator has some blank deposits both in
the vijaya Bank Ltd. and head-post office at jhansi and has some land at
his native place at lalitpur(up);
And whereas, the Testator’s wife Late Rama guta has got her heavenly
abode in the month of november, 2018 and is at present survived by a
lonely son Shri pawan gupta and two married daughters namely Smt.
Preeti gupts and priya gupta;
And whereas, the testator and his wife (now dead) Smt.rama gupta had
given in adoption their younger daughter namely priya gupta to the
Testator’s brother-in-law and his sister (both dead) namely Lt. Praveen
gupta and shikha gupta, when she was hardly one month’s old. Said
priya has been married to Sh.sharad agarwal S/o Lt.Raman agarwal
R/o bkd jhansi at present residing at 112/4 bkd jhansi, and whereas
Smt. Preeti gupta has also been married to one Sh.Ashish gupta S/o Lt.
prateek gupta R/o 654 kamal singh colony Bhopal(mp), at present
residing at, kamal singh colony Bhopal(mp).
And whereas, the Testator has given all in cash and kind to both his
daughters to which they were entitled to on many occasions and
Dharmic festivals before and after their marriage though Smt.priya
gupta had been given in adoption and both are leading their happy
married life with their family;
And whereas, the Testator is in old age, physically a weak person,
nobody knows when this immortal soul will abandon this body as there
are uncertainties in life. The Testator do not want that any dispute may
arise about his abovementioned property after his death. To keep the
record straight and clear with respect to his said property need for
execution of this Will has arisen. The Testator fully knows what
shall flow out of this Will. Knowing fully its pros and cons the Testator
is getting executed this Will and any will and codicils if any executed
prior to execution of this Will stand revoked;
And whereas, the lonely son of the Testator namely Sh.Pawan gupta
and his wife Smt. Nisha gupta both are taking care of the Testator in his
old age and are looking after all the domestical affairs. I have been fully
impressed by their services being rendered by them. So, it is my will
and wish that the Testator hereby absolutely and forever bequeath my
abovementioned land and all bank deposits to Sh.Pawan gupta
(beneficiary of this Will) after the death of Testator. Any objection if
any raised by anyone else after execution of this Will shall not be
entertainable rather treated null and void.
In witnesses whereof the Testator has set his hands on this Will deed
without any outside pressure, coercion, undue influence and in full
possession of his senses on the day month and year first above
mentioned in presence of the following witnesses.
WITNESSES TESTATOR/EXECUTANT
1. SHWETA GUPTA
2. PRANAY GUPTA
Drawn and drafted on the instructions of both the parties
ADVOCATE: PRATEEK SHEKHAWAT.