A summary suit for recovery of money is a legal action filed in court to recover a debt, often used when the defendant’s liability is clear and undisputed. It’s a streamlined process aimed at faster resolution compared to a regular civil suit. The key elements of a summary suit format include a detailed plaint outlining the facts of the case, the amount owed, and the legal basis for the claim.
Here’s a breakdown of the key elements and their relevance:
1. Parties:
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- Plaintiff: The person or entity seeking to recover the money.
- Defendant: The person or entity who owes the money.
2. Plaint (Complaint):
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- Court: The name of the court where the suit is filed.
- Background: Briefly describe the transaction or agreement that led to the debt, including dates, amounts, and relevant documents.
- Amount Due: State the exact amount owed, including principal and any agreed-upon interest.
- Cause of Action: Explain the legal basis for the claim (e.g., breach of contract, sale of goods).
- Jurisdiction: Explain why the court has the authority to hear the case.
- Prayer: Clearly state the relief sought, such as a decree ordering the defendant to pay the amount owed, along with interest and court costs.
3. Supporting Documents:
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Evidence of Debt:Include documents like invoices, contracts, promissory notes, or other evidence that proves the debt.
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Legal Notice (Optional):A legal notice demanding payment, sent to the defendant before filing the suit.
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4. Verification:
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- A statement by the plaintiff or their authorized representative affirming the truth and accuracy of the information in the plaint.
5. Court Fees:
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- Calculate and pay the necessary court fees based on the value of the suit.
Example:
In a summary suit for recovery of money, the plaint might include details like:
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- Plaintiff: ABC Company
- Defendant: XYZ Corporation
- Amount Owed: ₹500,000 (Rupees Five Lakhs)
- Cause of Action: Failure to pay for goods delivered under a contract
- Prayer: A decree ordering XYZ Corporation to pay ₹500,000, plus interest and costs of the suit.
Key Considerations:
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Order XXXVII of the Code of Civil Procedure (CPC):Summary suits are often filed under Order XXXVII of the CPC, which provides a simplified procedure for recovery of debts when the defendant’s liability is not disputed.
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Speed and Efficiency:The purpose of a summary suit is to expedite the legal process and provide a faster resolution compared to a regular civil suit.
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Limited Defense:Defendants in summary suits have limited opportunity to defend themselves, unless they can demonstrate a valid defense to the claim.
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