Under the Civil Procedure Code, 1908 the summary procedure is available for the recovery of money, under Order 37 CPC the summary suit is one the best option for the institution of the summary suit.
Civil Remedy.
Civil remedy is a suit for the recovery of the money and this is said to be the effective tool for the person recovering the money from the defaulter, a person can file lawsuit to recover the money from the defaulter, the person can file lawsuit Order IV of the CPC,
This Order IV is said to be similar as to a summary suit this also acts as a quick resolution as the other party is not allowed to be defended he can only defend after having the special request from the court.
The Rule 1, Sub rule 2 applies to all those suit that involves bills of exchange, promissory notes or hundies, for money recovery lawyers in Delhi please contact to Lead India
As per the Order IV of the CPC this suit can be filed at any place where the defaulter is resident of or the place where the defendant or defaulter is carrying out his business or the place where such cause arose.
If there is a written contract or agreement for the money then any companies, individual, firms, proprietorship firms are liable and competent to file suit for the money recovery, the person who needs money recovery lawyers in Kolkata can approach to lead India.
There are certain limitation periods for the recovery of the money or filing a civil recovery claim, the prescribed time limit for such recovery is three years for the date when such action caused, and if someone files the suit after the limitation period is over.
The proper exemption grounds must be provided to the court, if you have any query related to debt recovery you can approach to lead india and get the legal advice by the experts lawyers.
What are the required documents?
The documents that verifies the grant of money or the money is sent to the defaulter that proves the debt, any bank account transactions, contracts, promissory notes ets are used as the evidence to prove the debt
Court Fees:
Court fees are to be paid by the plaintiff. If no lawsuit is filed, it must be returned along with court costs. When the above petition is filed with the court, it will be numbered by the court.
Procedures after the institution of suit :
Issuing Summons: After considering the claim and its merits, the court will issue a subpoena which must be duly served on the defendant.
Statement: After appearing, the defendant must file a defense/statement within the prescribed time limit.
Dispute Formation, Legal Proceedings, and Disputes: Legal proceedings will be initiated after the issues relating to the complaint have been resolved. At the end of the evidence hearing, closing arguments are held and the case is decided.
Enforcement of Act: obtaining the decree
The Act may be enforced by an application for enforcement filed in the jurisdiction where the defendant's property is located. In case of violation of the law, the Code also provides for the punishment of imprisonment for the defendant.
How Lead India can help?
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