31/08/2023
Suit for Recovery Under Order 37 Sample
Suit for Recovery Under Order 37 Sample
In the name of ALLAH, the most beneficent, the most merciful
In general routine, usually a suit for recovery under order 37 is filed after the cheque is dishnoured. However, the suit can also be filed on the basis of other things, detailed in Order ###VII.
The Order 37 of CPC is reproduced hereunder:
ORDER ###VII
SUMMARY PROCEDURE ON NEGOTIABLE INSTRUMENTS
1. This order shall apply only to the High Court [to the District Court and to any other Civil Court notified in this behalf by the High Court.]
2. - (1) All suits upon bills of exchange hundies or promissory notes, may, in case the plaintiff desires to proceed hereunder be instituted by presenting a plaint in the form prescribed; but the summons shall be in Form No.4 in Appendix B or in such other form as may be from time to time prescribed.
(2) In any case in which the plaint and summons are in such forms respectively the defendant shall not appear or defend the suit unless he obtains leave from a Judge as hereinafter provided so to appear and defend; and in default of his obtaining such leave or of his appearance and defence in pursuance thereof, the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree - [a) for the principal sum due on the instrument and for interest calculated in accordance with the provisions of section 79 or section 80 as the case may be of the Negotiable Instruments Act 1881 up to the date of the institution of the suit or for the sum mentioned in the summons whichever is less and for interest up to the date of the decree at the same rate or at such other rate as the Court thinks fit; and
b) for such subsequent interest if any as the Court may order under section 34 of this Code; and
d) for such sum for costs as may be prescribed: Provided that if the plaintiff claims more than such fixed sum for costs the costs shall be ascertained in the ordinary way.
(3) A decree passed under this rule may be executed forthwith.
3. - (1) The Court shall upon application by the defendant give leave to appear and to defend the suit, upon affidavits which disclose such facts as would make it incumbent on the holder to prove consideration, or such other facts as the Court may deem sufficient to support the application.
(2) Leave to defend may be given unconditionally or subject to such terms as to payment into Court giving security, framing and recording issues or otherwise as the Court thinks fit.
[(3) The provisions of section 5 of the Limitation Act 1908 (IX of 1908) shall apply to applications under sub-rule (1)].
4. After decree the Court may under special circumstances, set aside the decree and if necessary stay or set aside ex*****on, and may give leave to the defendant to appear to the summons and to defend the suit, if it seems reasonable to the Court so to do and on such terms as the Court thinks fit.
5. In any proceedings under this Order the Court may order the bill hundi or note on which the suit is founded to be forthwith deposited with an officer of the Court and may further order that all proceedings shall be stayed until the plaintiff gives security for the costs thereof.
6. The holder of every dishonoured bill of exchange or promissory note shall have the same remedies for the recovery of the expenses incurred in noting the same for non-acceptance or non-payment or otherwise, by reason of such dishonour, as he has under this Order for the recovery of the amount of such bill or note.
7. Save as provided by this Order the procedure in suits hereunder shall be the same as the procedure in suits instituted in the ordinary manner.
Format of suit for recovery under order 37
IN THE COURT OF DISTRICT JUDGE RAWALPINDI
Jabir Naeem Gul son of Farhan Zafar Chaudhary resident of House No. 88, Street No. 24, Dhoke Ratta, Rawalpindi
Plaintiff
Versus
Zafran Khan son of Muhammad Zaman resident of House No. 1, Street No. 5, Mohallah Shah Chan Chiragh, Rawalpindi
Defendant
SUIT FOR RECOVERY OF 65,00,000/ (RUPEES SIXTY FIVE LACS ONLY) UNDER ORDER ###VII OF CODE OF CIVIL PROCEDURE 1908
Respectfully Sheweth:
1. That on 01-01-2019, the plaintiff sold out a land measuring 1 Kanal bearing Khasra No. 220, Khatooni No. 330, Khasra No. 440 situated at Mouza Ratta Amral, Tehsil and District Rawalpindi to the defendant against sale consideration of Rs. 65,00,000/-. (Rupees Sixty Five Lacs only) vide Sale Agreement. The land was also transferred in favour of defendant by way of Registered Sale Deed No. 1000, dated 02-01-2019 registered with Sub-Registrar, Rawalpindi.
2. That for payment of the sale price of the said land, defendant issued a cheque No. 1111111, dated 01-01-2019, amounting to Rs. 65,00,000/-, Bank Al-Habib, Raja Bazar Branch Rawalpindi to the plaintiff.
3. That on 03-01-2019, the plaintiff deposited the said cheque No. 1111111, dated 01-01-2019, amounting to Rs. 65,00,000/-, Bank Al-Habib, Raja Bazar Branch Rawalpindi in his Bank Account No. 1212121211 at Habib Metropolitan Bank Limited Rawalpindi City Bank Squa but same was got dishonored. (Copies of cheque along with dishonored slip is annexed)
4. That after the dishonouring of the above said cheque, the plaintiff contacted the defendant for the payment due against him but the defendant has not acceded the request of plaintiff and till today, defendant has not paid the said amount to the plaintiff.
5. That on 06-01-2019, the plaintiff sent a legal notice to defendant, which has not been replied by defendant so far.
6. That the cause of action accrued on 03-01-2019 when the above said cheque No. 1111111, dated 01-01-2019, amounting to Rs. 65,00,000/-, Bank Al-Habib, Raja Bazar Branch Rawalpindi was dishonored and lastly from time to time when the request of plaintiff for said amount was not acceded by the defendant which is still continuing.
7. That the cause of action accrued in Rawalpindi, hence this Honourable Court has jurisdiction to adjudicate upon the matter.
8. That the prescribed court fee has been affixed on the plaint.
PRAYER:
Under the circumstances, it is most respectfully prayed that a decree for recovery of Rs. 65,00,000/- regarding cheque No. 1111111, dated 01-01-2019, Bank Al-Habib, Raja Bazar Branch Rawalpindi may kindly be decreed in favour of plaintiff and against the defendant.
Any other relief which this Honourable Court may deem fit and proper, may also be awarded to the plaintiff.
Plaintiff
Through
Counsel
Advocate high court
VERIFICATION:
Verified on oath at Rawalpindi on ____day of October, 2021 that the contents of the plaint from Para No. 1 to 5 are true to the best of my knowledge and belief and rest of the paras are believed to be correct as per information received.
ÂPlaintiff
