Suit for Recovery of Money under Order XXXVII of CPC,1908’s format is given below.
IN THE COURT OF LEARNED CHIEF JUDICIAL MAGISTRATE, ( DIST. NAME)
SUIT NO ……………. OF 20..
(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)
IN THE MATTER OF:
M/s ABC Pvt. Ltd.
Through its Director
Shri……………………
VERSUS
M/s XYZ Ltd.
SUIT FOR RECOVERY OF RS. …………… UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908.
MOST RESPECTFULLY SHOWETH:
1. That the Plaintiff is a Company constituted under the Companies Act having its registered office at ………………………….. , is a duly constituted attorney of the Plaintiff-company and is authorized and competent to sign and verify the plaint, vakalatnama etc. and to institute this suit on behalf of the Plaintiff.
2. That the Plaintiff-company inter-alia carry on the business of construction, engineering and designing. The Plaintiffs are builders of international repute and have earned a big name in their business.
3. That the Defendant is a Company incorporated under the Companies Act having their registered office at ………….. . However, the Administrative office of the Defendant is situated at ……. i.e. within the jurisdiction of this Hon’ble Court.
4. Brief facts about the facts that result for this suit.
5. The suit is within the period of limitation.
6. This Hon‟ble Court has jurisdiction to entertain this suit because the part of the cause of action arose in ……….. . The contract for construction of the paper mill was entered at ……… , all the payments upto this date have been made at ……. and the payment of the outstanding amount was also to be made at……. . The Administrative Office of the Defendant is situated at ….. where they carry on the work for their gain.
7. The value of this suit for the purposes of court fee and jurisdiction is Rs. ——— on which court fee of Rs. ___________is paid.
8. 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………… with interest @ 18% per annum from ………… upto the date of filing the suit in favour of the Plaintiff and against the Defendant;
- Award pendentlite and future interest at the rate of 18% per annum on the above stated amount of Rs. ………….. with interest @ 18% per annum from ……… 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 …… on this ….. day of ………. 20… that the contents of paras 1 to … 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 … to …. are true on information received and believed to be true and last para is the humble prayer to this Hon’ble Court.
Plaintiff