top of page
Writer's pictureLead India
Nov 16, 20223 min read

How To File Recovery Suit For Co Founder Of My Firm

Summary Suit or Summary procedure is provided under Order 37 of the Code of Civil Procedure, 1908. The provision of summary suit applies to-

  • All the suits related to bills of exchange, hundies and promissory notes.

  • The suits where the plaintiff seeks to recover a debt payable by the defendant, due to a contract or an enactment, where the sum sought to be recovered is fixed.

A suit for recovery of money under cpc format could be instituted under this provision in the High Court, City Civil Court, Court of Small Causes or any other as provided by the law.


Limitation Period to file a Recovery Suit-

The limitation period for filing a civil suit within a period of 3 years, any later than that the claim is barred by time.

The companies, Partnership firms and traders etc., can file a suit for the recovery of their unpaid bills/ business due amount or payment when there is a written agreement between the parties. To file a suit for the recovery of money related to your firm, it is advised to seek advice from an experienced advocate experienced with the subject.

Jurisdiction of the courts-

As per the CPC, the pecuniary or monetary jurisdiction of the courts depends upon the state in which the cause of action arises. The pecuniary jurisdiction of the court means that a suit could be filed in a particular court based on the amount the suit is involved with.

For example, the suits in Delhi could be filed-

  • The suits are amounting to Rs 2 crores- are heard by the District Courts

  • The suits above the amount of Rs 2 crores lie before the High Court.

It is important to understand that the amount of pecuniary jurisdiction is different for various High Courts in the country.


Order 37 of the CPC

  • Filing a plaint under this Order, it has to be understood that no other relief shall be awarded except what is claimed in the plaint.

  • The summons of the suit should be in Form No. 4 in the Appendix B or in any other form as is provided.

For further information related to the technical provisions related to the law, it is advised to seek the opinion of experienced corporate lawyers in Kolkata, who could guide you through the procedure involved.


Summary Procedure

The procedure involved is-

  • The above mentioned Order shall apply to-

  • High Courts, city Civil Courts and Courts of Small Causes.

  • Other Courts- the High Court may, by notification in the Official Gazette, may restrict the operation of this Order only to such category of suits as it deems proper, also from time to time, as the circumstances require.

  • As per the provisions of the Sub Rule(1), it applies to the following suits-

  • Suits filed for the bill of exchange, Hundis and Promissory Notes

  • The Suits where the plaintiff seeks to recover debts or liquidated demand for money payable by the defendant arising out of a-

  • A written contract

  • An enactment, where the sum of money claimed is fixed or is a debt other than a fine.

  • A guarantee, when the claim against the principal is out of a debt or a liquidated demand.

Conclusion

The Decree for the recovery suit is issued by the respective civil court after the due procedure is followed. From the moment the legal notice was sent to the moment the decree was issued, it is important to understand that the assistance of experienced cheque bounce lawyers in Kolkata is required and necessary. Lead India offers you a team of experienced lawyers who have been successfully handling cases related to the same.


Call Us: +91-8800788535

3 views0 comments

Comentarios

bottom of page