PLAINT IN THE COURT OF CIVIL JUDGE, AJMER Summary Suit No. 2020

PLAINT IN THE COURT OF CIVIL JUDGE, AJMER Summary Suit No. 2020

PLAINT IN THE COURT OF CIVIL JUDGE, AJMER Summary Suit No. 2020

Mr. A son of Mr. B, aged about 35 years,

Occupation business, residing at

_______, Ajmer

..............................................Plaintiff

VERSUS

Mr. C son of Mr. D, aged about 40 years,

Occupation service, residing at

­_______, Ajmer

....................................................Defendant

The abovenamed Plaintiff’s states as follow:

  1. That the plaintiff is a money-lender and has been carrying on the business of money lending in Ajmer Rajasthan. The defendant is serving as clerk in 'Mathurs& Sons Pvt. Ltd. The plaintiff knows the defendant for the last several years.
  2. That the defendant on or about the 15th day of August 2019 approached the plaintiff for a sum of Rs. 15000 which sum the defendant then needed for the purchase of a plot of land in the suburbs of the city. The plaintiff agreed to lend and advance the said sum, at an interest of 12 per cent per annum to the defendant.
  3. That the plaintiff lent and advanced the said amount of Rs. 15000 to the defendant on or about the 15th day of August 2019, and the defendant on the same day as and in way of collateral security executed a promissory note for the said amount of Rs. 15000 at an interest of 12 per cent per annum in favour of the plaintiff. A copy of the said promissory note is annexed hereto and is marked as 'Exhibit A' to the plaint.
  4. That the plaintiff several times demanded the repayment of the said amount of Rs. 15000 together with the interest from the defendant but the defendant failed to repay the said amount together with interest on one pretext or the other.
  5. That the plaintiff finally called upon the defendant through his advocate's letter dated September 1, 2020 for the repayment of Rs. 19000 (Rs. 15000 the principal sum and Rs. 4000 interest thereon at 12 per cent per annum from 15.8.2019), but the defendant failed and neglected to return the said amount to the plaintiff and moreover he did not reply the plaintiffs advocate's said letter. A copy of the said letter is annexed hereto and is marked as "Exhibit B" to the plaint.
  6. That the plaintiff submits that the said amount of Rs. 15,000 was lent and advanced by the plaintiff to the defendant at Ajmer where the defendant executed the promissory note in favour of the plaintiff, and the amount of Rs. 21,000 (Rs. 15,000 the principal sum and Rs. 4,000 interest thereon) is due and payable by the defendant to the plaintiff. The plaintiff and the defendant reside in Ajmer and the defendant usually works for gain at Ajmer; thus the whole cause of action has arisen within the jurisdiction of this Hon'ble Court and, therefore, this Court has got jurisdiction to try and entertain this suit.
  7. That the plaintiff values the suit at Rs. 18000 for the purposes of jurisdiction and the Court fees.
  8. The plaintiff, therefore, prays that:
  1. The Hon'ble Court may be pleased to pass a decree of Rs. 19000 (Rs. 15000 the principal amount and Rs. 4000 interest thereon from 15.08.2019 to 28.09.20) against the defendant and in favour of the plaintiff.
  2. The defendant be ordered to pay interest at the rate of 6 per cent per annum on the decretal amount from the day of the institution of the suit until the satisfac­tion of the decretal mount
  3. The defendant may be ordered to pay the costs of the suit. Plaint drawn

Sd/-                                                                                                              Sd/-

Plaintiff                                                                                                    Advocate

 

VERIFICATION

 

I, A son of B, the abovenamed plaintiff, do hereby declare and state that the contents of paras 1 to 5 of the plaint are true to my own knowledge and the contents of remaining paras of the plaint are based on information received from my advocate and I believe the same to be true. Solemnly affirmed as aforesaid at Ajmer. This 29th day of September 2020. Interpreted and Identified by the

 

Sd/-                                                                                                                         Sd/-

Advocate for the plaintiff                                                                                   Plaintiff

 

Research By - 

Sameeksha Shukla

BB.A LL.B (Hons.) specialization in Corporate Law ( 5th year)