IN THE
COURT OF LEARNED DISTRICT JUDGE,
RAWALPINDI.
Mr. AABBCC
S/o BBCCDD, R/o House No. 1, Block X Satellite Twon , Rawalpindi.
Versus
Mr. XXYYZZ S/o WWXXYY R/o House No.2, Street No.2,
Name of Mohalla, Rawalpindi
Defendant…………….
SUIT FOR
RECOVERY OF RS.120000/-, UNDER ORDER XXXVII RULE 1 & 2 CPC.
Respectfully Sheweth:-
1. That
the plaintiff is a respectable law abiding citizen is running business under
the name of “NAME OF BUSINESS” at address of, business, Murree Road Rawalpindi
for the last about more than 10 years successfully and has good repute in the
business circle.
2. That
the Defendant who has good relation with the Plaintiff since long, on
14.02.2009 came to the office of the Plaintiff i.e. Address of business, Murree
Road, Rawalpindi and asked the Plaintiff that he is in dire need of money due
to financial constraints and demanded Rs.120000/- as loan to fulfil his personal
requirements / necessities with this promise to return the same within six months.
3. That
the Plaintiff due to cordial relation and in order to help the Defendant in his
critical financial position arranged an amount of Rs.120000/- and paid the same
to the Defendant as loan in the presence of FFGG S/o HHII and JJKK S/o LLMM, whereupon
the Defendant executed a promissory note of the said amount of Rs.90000/- in
favour of the Plaintiff and put his signature in the presence of the said marginal witnesses
and also promised to return the said amount within six months, copy of said
promissory note is annexed herewith as Annexure-A.
4. That
the plaintiff contacted the defendant number of times and requested him to
return the said amount of Rs.120000/- but the defendant on one or the other
pretext delayed the matter with malafide intention and had been giving
assurance to the plaintiff that he would return the said amount of Rs.120000/-
to the plaintiff as early as possible, but now the defendant after adopting
procrastinate attitude has flatly refused to return the said amount of loan i.e. Rs.120000/- to the plaintiff, hence
this suit.
5. That
the cause of action accrued to the plaintiff and against the defendant firstly
when the said promissory note was executed by the defendant in favour of the
plaintiff and than on 31st May 2014 when the defendant flatly
refused to return the said amount of loan i.e. Rs.120000/- to the plaintiff,
and the same is continuing.
6. That the parties are residing and the
cause of action also accrued herein Rawalpindi, therefore, this Honourable
Court has got jurisdiction to entertain the suit and adjudicate upon the
matter.
7. That
the value of the suit for the purpose of court fee and jurisdiction is fixed at
Rs. 120000/- and the requisite court
fee has been paid.
P R A Y E R:
It is therefore,
respectfully that a decree for recovery of Rs.120000/- may kindly be passed in
favour of the Plaintiff and against the Defendant, with cost.
Any other relief
which this honourable court may deem just and proper may also be granted to the
Plaintiff under the circumstances of the case.
Plaintiff
Through,
(NAME OF ADVOCATE / LAWYER)
Advocate
High Court
VERIFICATION:
Verified on oath at Rawalpindi on this ______
day of June 2014 that the of contents Para
No. 1 to are true and correct to the best of my knowledge
and belief and the remaining paras are
believed to be true and correct through information received.
It is further verified that no such other
case of like nature is pending adjudication before any other court of law
between the same parties.
Plaintiff
IN THE
COURT OF LEARNED DISTRICT JUDGE,
RAWALPINDI.
Mr.AABBCC Versus Mr.XXYYZZ.
SUIT FOR
RECOVERY OF RS.120000/-, UNDER ORDER XXXVII RULE 1 & 2 CPC.
AFFIDAVIT
I, Mr. AABBCC S/o BBCCDD,
R/o House No. 1, Block X Satellite Twon , Rawalpindi, do
hereby solemnly affirm and declare that the contents of above captioned suit
are true and correct to the best of my knowledge and belief and nothing has
been concealed thereto.
DEPONENT
Further verified on oath this day of ____ day
of June 2014, at Rawalpindi that the contents of above said affidavit are true
and correct to the best of my knowledge and belief and nothing has been
concealed thereto.
DEPONENT
______________________________________________________________________________
____________________Specimen __ Summon______________________
IN THE
COURT OF LEARNED DISTRICT JUDGE,
RAWALPINDI
In the matter of:
-
AABBCC vs XXYYZZ
SUIT FOR
RECOVERY OF RS. 90000/- UNDER ORDER
XXXVII
RULES 1
& 2 CPC
To:
XXYYZZ
S/O
WWXXYY.
Resident
of House No. 1,
Street-
1, Name of Molalla,
Rawalpindi.
WHEREAS
AABBCC (Plaintiff) has instituted a suit against you under Order XXXVII C.P.C
for Rs. 120000/- alongwith prevailing Markup of Bank balance with cost and of
which a copy is Annexed hereto, you are hereby summoned to obtain a leave from
the court within ten days from the service hereof to appear and defend the
suit, and within such time to cause an appearance to be entered for you. In
default whereof the plaintiff will be entitled at any time after the expiration
of such ten to days to obtain a decree for any sum not exceeding the sum of Rs.
120000/- along with prevailing markup of bank and with costs (together with
such interest, if any, from the date of the institution of the suit as the
court may order). Next date of hearing is fixed as __________ 2014
Leave
to appear and defend may be obtained on an application to the Court supported
by affidavit or declaration showing that here is a defence to the suit on the
merits, or that it is reasonable that you should be allowed to appear in the
suit.
GIVEN
under my hand and the seal of the Court, this ____ day of ________ 2014
District
Judge,
Rawalpindi.
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