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Lecture 18, Summary Suit - Part I
Lecture 18, Summary Suit - Part I
Order shall apply to hc, city civil courts and court of small causes and other courts (hc may by
notification in the official gazette restrict the operation of order to category of suits that deems proper
to it+ hc can restrict, enlarge, or vary the categories of suits to be brought under the operation of order
37)
Order applies to:
In Re:
Plaintiff
Versus
Defendant
1. That Plaintiff is a company registered under the Indian Companies Act, 1956 and Shri RS Aggarwal is the director of the company duly
authorised to sign and verify pleadings, delegate, swear affidavit on behalf of the company.
2. That the defendant is also a company registered under the ICA, 1956 and Shri Sagar Malhotra is the director of the company and responsible
for the day to day functioning of the defendant Company.
3. That the defendant had been purchasing aircrafts from plaintiff and as a consideration has issued the following checks for the amount of Rs.
20,00,000 :
4. That the said check when presented for payment by plaintiffs returned dishonoured due to insufficiency of funds in the defendant’s account.
5. That the plaintiff contacted the defendant and called upon them to make the payment on January 15, 2019, but the defendant avoided
payment without any justification.
6. That the failure to make the payment by the defendant has led the plaintiff to file the instant suit against the defendant.
7. That not making payment after purchase of goods shows ulterior and mala fide motive of the defendant which has resulted in wrongful gain
to the defendant and wrongful loss to the plaintiff.
8. That the defendant has no right to withhold the payment without any justification, COA has arisen for filing the instant suit against the
defendant on January 1, 2019 when the goods have sold to the defendant and again arose on January 2, 2019 when the cheques were returned
dishonoured and further arose on January 15, 2019 when defendant avoided payment even after reasonable notice.
9. That the value of the suit for the purpose of court fees and jurisdiction has been fixed at rupees 20,00,000 on which court fee of Rupees 50
has been affixed.
10. That the aircrafts were supplied at Mumbai, Payment was to be made at Mumbai on delivery for Rupees 20,00,000, Cheques were
dishonoured at Delhi as such the City Civil Court of Delhi, the court have jurisdiction to try and adjudicate upon the instant suit.
11. That nothing which can not be claimed under order 37 CPC, has been claimed in the instant suit.
Plaintiff
Through
Director
Through
Counsel
QUESTION
DRAFT A SUIT UNDER ORDER 37 OF CPC FOR RECOVERY OF
RS. 10,00,000 ON THE BASIS OF A PROMISORY NOTE.
LEAVE TO DEFEND APPLICATION
ORDER 37, RULE 5
DEFENDANT IS SUPPOSED TO ENTER APPEARANCE AT ANY TIME WITHIN
TEN DAYS OF SERVICE, EITHER IN PERSON OR BY PLEADER BY FILING HIS
LATEST ADDRESS FOR SERVICE OF NOTICE
1O DAYS FOR FILING LEAVE (RULE 5) ALOND WITH AFFIDAVIT CONTAINING
HIS DEFENCE TO THE SUIT.