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| 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 XXXVII.
The Order 37 of CPC is reproduced hereunder:
ORDER XXXVII
SUMMARY PROCEDURE ON NEGOTIABLE INSTRUMENTS
1.
This order shall apply only to the High Court [to the District Court and to any
other
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 execution, 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
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 XXXVII 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
2.
That for payment of the sale
price of the said land, defendant issued
a cheque No. 1111111, dated
3.
That on 03-01-2019, the
plaintiff deposited the said cheque No. 1111111, dated
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
6.
That the cause of action accrued
on 03-01-2019 when the above said cheque
No. 1111111, dated
7.
That the cause of action
accrued in
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
Plaintiff
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