HOW TO FILE A RECOVERY SUIT TO MY CO-FOUNDER

leadindia422
Jul 19, 2024
3 min read

Summary Suit Or Summary Procedure Has Been Provided Under Order 37 Of The Code Of Civil Procedure, 1908. The Provision Of Summary Suit Would Apply To-

All Suits Which Are Related To The Bills Of Exchange, Hundies And Promissory Notes.
The Suits In Cases Where The Plaintiff seeks to Recover A Debt Payable By The Defendant, Due To Some Contract Or An Enactment, Where The Sum Which Is Sought To Be Recovered Is Fixed.

A Suit For Recovery Of Money Under Cpc Can Be Filed Under This Provision In The High Court, City Civil Court, Court Of Small Causes Or Any Other Court As Has Been Provided By The Law.

Limitation Period To File For A Recovery Suit-

The Limitation Period Provided For Filing A Civil Suit Within A Period Of 3 Years, Any Later Than This Time, The Claim Shall Be Barred By Time.

The Companies, Partnership Firms And Traders Etc., Can File For A Suit For The Recovery Of Their Unpaid Bills/ Business Due Amount Or Payment, In Case There Is A Written Agreement Between The Parties. To File A Suit For The Recovery Of Money Which Is Related To Your Firm, You Are Advised To Seek Advice From An Experienced Advocate Experienced With An Experience Over The Subject.

Jurisdiction Of The Courts For Summary Suits-

As Has Been Provided Under The Cpc, The Pecuniary Or Monetary Jurisdiction Of The Courts Would Depend Upon The State In Which The Cause Of Action Had Occurred. The Pecuniary Jurisdiction Of The Court Could Be Understood That A Suit Can Be Filed In A Particular Court On The Basis Of The Amount The Suit Is Involved With.

For Instance, The Suits In Delhi Can Be Filed-

The Suits Amounting Up To Rs 2 Crores- Could Be Filed In The District Courts
The Suits Above The Amount Of Rs 2 Crores Have To Be Filed Before The High Court.

It Has To Be Noticed That The Amount Of Pecuniary Jurisdiction Is Different For Various High Courts In The Country.

Order 37 Of The Cpc

To File A Plaint Under This Order, It Is Required To Be Understood That No Other Relief Shall Be Awarded Except What Is Claimed In The Plaint.
The Summons Of The Suit Is Required To Be In Form No. 4 In The Appendix B Or As Per Any Other Form As Has Been Provided.

For Any Information Further Related To The Technical Provisions Related To The Law, You Should Seek The Opinion Of Experienced Corporate Lawyers In Kolkata, Who Can Guide You Through The Procedure Involved.

Summary Procedure

The Procedure For The Summary Suits Is As Follows:

The Above-Mentioned Order Will Apply To High Courts, City Civil Courts, And Small Causes Courts.
Other Courts- The High Court Can By Issuing A Notification In The Official Gazette, Restrict The Operation Of This Order Only To Such Category Of Suits As Has Been Deemed Proper By The High Court, Also From Time To Time, As Required By The Circumstances.
As Has Been Provided Under The Provisions Of The Sub Rule(1), It Applies To The Kind Of Suits Mentioned Below-
Suits Could Be Filed For The Bill Of Exchange, Hundis And Promissory Notes
The Suits Where A Plaintiff Seeks To Recover Debts Or Liquidated Demand For The Money Which Is Payable By The Defendant Arising Out Of A-

A Written Contract
An Enactment, Where The Sum Of Money Which Is Claimed Is Fixed Or Is A Debt And Not A Fine.
A Guarantee, Where The Claim Against The Principal Is Due To A Debt Or A Liquidated Demand.

Conclusion

The Decree For A Recovery Suit Will Be Issued By The Respective Civil Court After Following The Due Procedure Of Law. The Moment From Which The Legal Notice Was Sent To The Moment The Decree Was Issued, It Would Be Helpful If The Petitioner Files For The Assistance Of An Experienced Cheque Bounce Lawyers In Kolkata Is Required And Necessary. Lead India Offers You A Team Of Experienced Lawyers Who Have Been Successfully Dealing With The Cases Related To The Recovery Suits. In Case You Wish To Talk To A Lawyer Or Seek Free Legal Advice Online From A Professional, You Can Contact Us.