IN THE COURT OF THE PRL.

JUNIOR CIVIL JUDGE: AT KHAMMAM

O.S. No. /2024

Between:

Rajesh

…Plaintiff

And

Ram Mohan Rao

…Defendant

SUIT FOR RECOVERY OF MONEY, PLAINT SUBMITTED UNDER

ORDER VII, RULE 1, R/W. SEC.26 OF C.P.C.

I. DESCRIPTION OF PLAINTIFF:

Rajesh, S/o Veeraswamy, Age: 40 yrs, Occ: Bussiness,R/o H.No. _ _ _ _

_, Locality_ _ _ _ _ _ _ _ _ Khammam District, Telangana State, Cell No _
______

The Address for service of summons and notices etc., on the

Plaintiff is same as stated above are that of his/her counsel Sri. _ _ _ _ _
_ _ _ _, Advocates, Khammam.

II. DESCRIPTION OF DEFENDANT:

Ram Mohan Rao, S/o Madhav Rao, Age: 45 yrs, Occ: Bussiness,R/o
H.No. _ _ _ _ _, Locality_ _ _ _ _ _ _ _ _ Khammam District, Telangana
State, Cell No _ _ _ _ _ _ _

The Address for service of summons and notices etc., on the

defendant is same as stated above.

---------------------*---------------------

The plaintiff most respectfully submits as follows:-

1. That the plaintiff and defendant are well acquainted with each
other. Out of such well acquaintance, the defendant approached the
plaintiff and borrowed an amount of Rs. 6,00,000/-(Six Lakhs rupees
only) from the Plaintiff on 12-01-2023 for his Bussiness necessities and
 in token to receipt of the said consideration, the defendant executed a
demand promissory note in favor of the plaintiff on the same day with a
stipulation to said amount either to the plaintiff or to order on his
demand and together with interest accrued thereon @ 24% p.a.

2. That the plaintiff made several oral demands with the defendant to
pay principle amount of Rs.6,00,000/- including interest accrued on,
but the defendant did not pay either principle amount or interest from
15 months. The defendant is intentionally avoiding the payment and
postponing paying the same day to day and he paid deaf ear of
demands of plaintiff.

3. That there after the plaintiff made several Oral demands to the
defendant to pay the principle amount along with its accrued interest
and postponing the same in one pretext or other. The defendant did not
choose to pay any amount or approach the plaintiff. As such there is no
hope to recovery of the said amount including accrued interest from the
defendant except to file suit before the Hon’ble court.

4. THE CLAIM OF THE PLAINTIFF IS AS UNDER

a) Principal amount Rs. 6,00,000 /-

b) Interest on Rs.6,00,000/- @ 24% p.a
From 12-01-2023 to 10-04-2024 (15 months) Rs. 1,80,000 /-
_________________
Total - Rs. 7, 80,000 /-
(Rupees Seven lakhs Eighty thousand only)

5. CAUSE OF ACTION

That the facts constituting the cause of actions arose is as stated

above, the cause of action arose at the plaintiff’s residency, where the
defendant was barrowed and also a demand promissory note was
executed by defendant in favor of the plaintiff on 12-01-2023. The
plaintiff made several oral demands for payment, thus the cause of
action also arose on all the dates and days and cause of action is
continuing and recurring.

6. JURISDICTION

That the plaintiff and the defendant reside in Khammam city and
the said transactions took place in the residence of plaintiff. Hence this
 Hon’ble court has got territorial and pecuniary jurisdiction to entertain
and try the suit.

7. LIMITATION

That the demand promissory note was executed by defendant

infavour of the plaintiff on 12-01-2023 as such this suit is filed within
limitation of 3 years.

8. VALUATION AND COURT FEE

For the purpose of Court fee and jurisdiction, the suit is being
valued at Rs.7,80,000/- (Rupees Seven lakhs Eighty thousand only) on
which a court Fee of Rs.10,226/- is payable under section 20 of A.P.
Court fees and suits valuation Act, which is proper and sufficient. The
court fee is paid through challan in S.B.I., Kaviraj nagar branch
Khammam Town and District.

PRAYER

Hence, it is most humbly prayed that this Hon’ble Court be pleased

to pass decree and judgement in favour of the Plaintiff and against the
Defendants.

a. Pass a decree directing the defendants to pay the amount of

Rs. 7,80,000/- .
b. To award subsequent interest @ 24% from the date of suit to
till the date of realization.
c. Directing the defendants to pay the costs of suit.
d. To granting such other reliefs which the Honorable court
deems just and reasonable under the circumstances of the
case, in the interest of justice.

KHAMMAM

Date 10-04-2024. PLAINTIFF

VERIFICATION

I the Plaintiff herein do hereby declare that the contents of the above
Plaint paras are true and correct to the best of my knowledge, belief and
information. Hence, it is verified and signed on this day.

KHAMMAM

Date 10-04-2024. PLAINTIFF

ADVOCATE FOR THE PLAINTIFF

 WRITTEN ARGUMENTS FILED BY PLAINTIFF

MAY I BE PLEASED YOUR HONOUR

1. That, the plaintiff and defendant are neighbors running cloth

Business, out of such well acquainted with each other. Out of such well
acquaintance, the defendant approached the plaintiff and borrowed an
amount of Rs. 6,00,000/-(Six Lakhs rupees only) from the Plaintiff on
12-01-2023 for his Business necessities and in token to receipt of the
said consideration, the defendant executed a demand promissory note
in favor of the plaintiff on the same day with a stipulation to said
amount either to the plaintiff or to order on his demand and together
with interest accrued thereon @ 24% p.a.

2. That the defendant did not pay either principle amount or interest
from 15 months, the plaintiff made several oral demands with the
defendant to pay principle amount of Rs.6,00,000/- including interest
accrued on, but the defendant is intentionally avoiding the payment
and postponing paying the same day to day and he paid deaf ear of
demands of plaintiff.

3. That basing upon the pleadings of parties to the suit, the following
issues were settled for the purpose of trail.

4. That the plaintiff examined as PW1 himself, PW2 is attester, PW3 is

scribe of the Pronote. According to Examinations of PW1 to PW3, it is
very clearly established the case and proved the same.

Hence, it is most humbly prayed that the Hon’ble Court may be

pleased to pass decree in favor of the Plaintiff

Date Plaintiff

Khammam

Advocate for plaintiff

 IN THE COURT OF THE PRL.JUNIOR CIVIL JUDGE: AT KHAMMAM

O.S. No. /2024

Between:

Rajesh

…Plaintiff

And

Ram Mohan Rao

…Defendant

WRITTEN STATEMENT FILED BY THE DEFENDANT UNDER

ORDER VIII, RULE 1, OF C.P.C.

The defendant most respectfully submits as follows:-

1. That the plaintiff filed above suit for recovery of money against the
defendant by making all false and baseless allegations. That all the
allegations made in the plaint are inconsistent.

2. That the allegation made in para no.1 of the plaint that the defendant
approached on 12-01-2023 and borrowed an amount of Rs. 6,00,000/-
(Six Lakhs rupees only) from the Plaintiff for his Bussiness necessities
and in token to receipt of the said consideration, the defendant executed a
demand promissory note in favor of the plaintiff on the same day with a
stipulation to said amount either to the plaintiff or to order on his demand
and together with interest accrued thereon @ 24% p.a. are all false and
baseless and are invented foe the purpose of this suit. Hence, the Plaintiff
is put to strict proof of the same.

3. That the defendant never barrowed the amount of Rs. 6,00,000/- on

12-01-2023 as alleged by the plaintiff and as such the question of
promissory note on the said date doesn’t arise.

4. That the suit document is created and fabricated by the plaintiff in

collusion with the scribe and attesters. That the calculations of the claim
of the plaintiff is created and invented for the purpose of this suit.
5. That the defendant neither barrowed nor executed any promissory
note from the plaintiff at any point of time, and as such the question of
borrowing the amount, execution of promissory note and demanding the
payment of debt etc doesn’t arise. Hence, the Plaintiff is put to strict proof
of the same.

6. That since the defendant has no necessity to barrow such huge

amount, the defendant denies the barrowing of debt from the plaintiff and
therefore, the question of consideration passed on the alleged suit doesn’t
arise.

7. That the plaintiff has no cause of action to file and alleged cause of
action as stated by the plaintiff is invented for the purpose of the suit.

8. That the defendant is reserving his right to file an additional or

amended written statement if required at any later stage.

Hence, it is prayed that this Hon’ble Court may be pleased to

dismiss the suit with costs, in the interest of justice.

KHAMMAM

Date DEFENDANT

VERIFICATION

I the defendant herein do hereby declare that the contents of the above
written statement paras are true and correct to the best of my knowledge,
belief and information.Hence, it is verified and signed on this day.

KHAMMAM

Date DEFENDANT

ADVOCATE FOR THE PLAINTIFF