The present article deals with provisions laid down by the law in relation to the suit for recovery of money as has been provided under Order 37 of the CPC. Also, other than the procedure which has been provided under Order IV, summary suits are another option. The procedure mentioned under Order 37 of the CPC is in relation to the financial matters mostly. Basic principle behind this provision is to ensure speedy disposition of the business disputes.
Suit for money recovery provided under CPC-
The lawsuit for money recovery provides legal remedy so as to collect money from a defaulter. A lawsuit can be filed under Order IV of the CPC, 1908, the provision of which shall be similar to the summary suit as provided under Section 37 of the CPC which provides for a speedy resolution as the other party will not be allowed to defend as a subject of rights, that too after having received permission from the court.
Order 37 of the CPC has been introduced in the favour of a potential plaintiff, who is willing to initiate a civil suit. Generally, Rule 1, Sub-Rule 2 will be applied to all suits which are related to bills of exchange, hundies, promissory notes, etc which the aggrieved party seeks to recover debt or some liquidated demand in money payable on the basis of a written contract, an enactment, where total amount to be repossessed shall be a definite amount owed to the plaintiff.
Where can the suit be instituted ?
A suit could be instituted at any place where the defendant resides or such place where the defendant has been conducting his business or works for profitable gains or the cause of action arises according to Order IV of the CPC, 1908.
After preliminary enquiry has been conducted, it will be decided if the suit shall be filed in the District court or the High Court based on the monetary amount involved in the case.
If the petitioner is an NRI, it is advised that he seeks advice from an experienced Lawyers In Kolkata before filing the suit.
Who can file a suit?
A company, partnership firm, proprietorship company, merchant etc are qualified to initiate the case for the restoration of the unpaid debts or for commercial delinquent amount or transaction when the parties have a documented agreement.
How to initiate a suit ?
Filing a civil lawsuit is the initial step in a legal action. A plaint is a written document containing the facts of the case, the amount which is being sought, including any interest involved as well. An affidavit is required to be used as well so as to establish the facts in any such complaint.
Recovery of money is a peculiar situation and the approximate amount sought by the plaintiff is required to be specifically included in the lawsuit by him.
On of the necessary step is appointing an experienced Property Lawyer In Mumbai who could properly explain you the whole procedure involved as well as advise you with the various legal options available to you in accordance to the law.
Conclusion-
As an NRI will not stay in India, it is important to understand that he is being represented by an experienced Lawyers In Delhi, who is trustworthy and can ensure that rights of his client are secured. Appointing a lawyer to look after your property in your absence shall be beneficial instead of hiring any friend or a relative as at some point of time it could be possible that they will not pay close attention to the business of some relative who is absent for most of the time.
Lead India offers you a team of experienced advocates who are trustworthy and have been dealing with the issues related to property including recovery suits for NRIs for many years. Hence, if you wish to talk to a lawyer or seek free legal advice, you may contact us.
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