IN THE COURT OF _________ , __________judge, ________

 UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908.

 In the matter of:

 …Plaintiff.

v e r s u s

…Defendants. 

Suit for recovery of Rs. ______ (Rupees ______ only.) with interest and cost. 

MOST RESPECTFULLY SHEWETH:

1.           That the plaintiff is a ________ registered under ________ and is doing the business of ______.

2.           That the defendant no. 1 is a _____ registered under ________, whereas, defendant no. 2 was its _______ at the time of accruing of cause(s) of action and continuous to be so. Besides, the above, the defendant no. 2 at the time of accruing of cause(s) of action, was and continues to be in – charge of the affairs of defendant no. 1 and responsible to defendant no. 1 for the conduct of its business.

3.           That in the regular course of business between the plaintiff and the defendant no. 1, the defendant no. 1 placed orders for the supply of _______. The said goods/ materials were supplied to the defendant no. 1 by the plaintiff through the following invoices/ bills:

The defendants duly acknowledged the supply of the said goods/ materials by the plaintiff and Mr. _______, _______ of the defendants on their behalf duly endorsed his signature on the said ____ in acknowledgement of the said supplies.

4.           That between _______ to ________ the plaintiff took pains of advising the defendants to make the payment of the aforesaid amount of Rs. ________ (Rupees _______ only) along with interest at the rate of _____ per annum at _____. However, the defendants did not pay the same to the plaintiff illegally, dishonestly and fraudulently.

5.           That the plaintiff was compelled to send a legal notice of demand dated _____ to the defendants through its counsel Shri _______ through registered acknowledgement due dated ______.  Through the said notice the defendants were called upon to make the payment of Rs. _____ (Rupees _______ only.) being the amount involved in the aforesaid ______ together with interest at the rate of ____% per annum from ________ to _______, within fifteen days of the receipt of the said notice. The defendants were further called upon to pay interest @ ______% per annum on Rs. _______ from _______ till the final payment by the defendants. The said notice to the defendants has been returned by the postal department with the remarks, “ ______”, however, the copy of the notice has been duly served upon the _____ as the acknowledgement card in respect of the same was received back by the plaintiff’s counsel on _____.

6.           That in-spite of the aforesaid legal notice of demand being duly served upon the defendants and its _______, the defendants have not paid/ failed to pay/ neglected to pay to the plaintiff till date Rs. ____ (Rupees ________ only.) along with interest at the rate of ______% per annum on Rs. ____ from ________ till the final payment by the defendants.

7.           That an amount of Rs. _______ (Rupees _________ only.) along with interest at the rate of _______% per annum on Rs. _______ from __________ till the filing of the present suit is due and payable by the defendants to the plaintiff which is computed as follows:

8.           That the cause of action arose in favour of the plaintiff and against the defendants on various dates and more particularly on ________ when the _____ was raised. It then arose on various other dates and then on ________ when the plaintiff sent the legal notice of demand to the defendants. The cause of action is still continuing as the defendants has not complied with the legal notice of demand of the plaintiff, and hence, this suit.

9.           That the cause of action arose at ________, the defendants resides at _______, the registered office of the plaintiff is at ________, and hence, this Hon’ble Court has jurisdiction to entertain and try the present suit.

10.       That the present suit is being filed under Order XXXVII of the Code of Civil Procedure and no relief that does not fall within the ambit of this Order has been claimed in the plaint.

11.       That the value of the suit for purposes of jurisdiction and Court fee is fixed at Rs. ________ (Rupees ________ only) on which Advalorem Court fee is affixed.

p r a y e r

It is, therefore, most respectfully prayed that this Hon’ble Court may be graciously pleased to:

(i)                  Pass a money decree in favour of the plaintiff and against the defendants for Rs. _____ (Rupees _____ only) along with future interest at the rate of _____% per annum from the date of institution of the suit till the passing of the decree and thereafter till its realisation.

(ii)                Award the costs of this suit to the plaintiff as against the defendants.

(iii)               Grant any other suitable relief that this Hon'ble Court may deem just and proper in the circumstances of the case in favour of the plaintiff and against the defendants. 

Plaintiff

Through Counsel

Advocate

Place: ______

Dated: ______

 Verification:

 Verified at ______ on this _________ that the contents of Para no. _______ of the suit are true to my knowledge and those of Para no. _____ are true on the basis of information received and believed to be true. Last Para is prayer to this Hon’ble Court.

Plaintiff

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