How to file a recovery suit under Order 37 of the Civil Procedure Code (CPC),

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To file a recovery suit under Order 37 of the Civil Procedure Code (CPC), you need to follow the steps below:

1-    Determine if you are eligible to file a suit under Order 37: Order 37 of the CPC provides for a summary procedure for recovery of a debt or liquidated demand. The amount claimed should be a specific sum of money, and the claim should be based on a written contract, an enactment, or a guarantee. The suit should be filed within three years from the date when the debt or demand became due.

2-    2- Prepare the plaint: The plaint is the document that outlines the details of the case and the relief sought. It should include the following details: * The name and address of the plaintiff and defendant * The amount claimed and the basis of the claim * The date when the debt or demand became due * The facts of the case, including any evidence in support of the claim * The relief sought

3-    3- Submit the plaint: The plaint should be submitted to the appropriate court having jurisdiction over the matter. The court fees should be paid as per the applicable laws and court rules.

4-    4- Affidavit of admission or denial: Along with the plaint, the plaintiff should also file an affidavit of admission or denial of the claim by the defendant. If the defendant fails to file the affidavit within 10 days of service of the summons, they will be deemed to have admitted the claim.

5-    5- Hearing: If the affidavit of admission is filed by the defendant, the court will pass a summary judgment in favour of the plaintiff. If the defendant denies the claim, the court will fix a date for the hearing. At the hearing, the plaintiff will need to produce evidence in support of the claim, and the defendant will have the opportunity to defend themselves.

 

The court will then issue a judgment. It is recommended that you consult with a lawyer (www.helplegal.co.in) to guide you through the legal process and ensure that all the necessary steps are taken properly.

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