View Resource The relief of recovery of money under Sec. and to institute . 2. The defence must provide fresh facts in its favour or take legal action against the plaintiff's claim in the written statement. And father's name and place of residence of each of the defendant should be. on an enactment wherein the amount to be recovered is a fixed sum of money, or a debt other than a penalty, or. Counter claim is the claim made by the defendant against the averments made by the plaintiff in his plaint. Defendant Plaint filed on behalf of the plaintiff under Order VII Rule-10 and long cause title. . 2. The plaint is the first step of the Plaintiff in the form of a legal document for the commencement of suit and it shows what a Plaintiff wants from that suit. Such claim must be made after dealing with the allegations and accusations leveled against him in the plaint. Where the Plaintiff is instituting a suit for the recovery of money, the exact amount to be recovered is to be stated unless mesne profits or amount which cannot be accurately determined despite exercise of reasonable diligence is being claimed. Here the plaintiff who seeks recovery of the money suit, the plaint will include the precise amount or the value sued for. A Written Statement is a reply or pleading made by the defendant in reply to the plaint filed by the petitioning party. Order VIII Rule 6 deals with set off. A Plaint is the starting point for any legal action. That the Plaintiff is entitled to recover from the Defendant and the Defendant is liable to pay the Plaintiff a sum of Rs. 20 of APCF & SV Act and CF of Rs 34000.00/- is paid thereon and the same . Plaint has to be a complete document of all the facts of the case, the claim and the relief that the plaintiff wants from the court. Written Statement: The Defendant after entering appearance shall be required to file its Defense/ Written Statement within the timeline prescribed. The defendant is not liable to pay any interest on the principal amount to be repaid to the plaintiff. Written statement: - A written statement is a response to the plaintiff's lawsuit. Most of the averments are not correct and false and the suit is not maintainable. In the latter circumstances, an approximate estimate of the amount is to be stated. 3. In other words, a written . Counter-claim Order VIII Rule 6A 2. The written statement is the primary defense of the defendant. A plaint is a written document of the case's facts and the definite amount being sought, including any interest. Order VII of the Civil Procedure Code deals with the plaint. Where there are several defendants and a common . 1) It is submitted that the defendant has gone through the averments made in the plaint and affidavit filed in support of the plaint. A plaint is a written statement of the case's facts and the exact amount being sought, including any . (1) Plaintiff The Plaintiff is put to strict proof of the same. 37 of 1987 A, . rules of pleadings kenya law resource center. Money suits: Order VII Rule 2-In a money suits, as a general rule, . Suit for Recovery of Money under Order XXXVII of CPC,1908's format is given below. This will help the bank to beware of the matter and take . sample of a plaint in kenya the knowledge tree law notes. A plaint is a legal document which contains the written statement of the plaintiff's claim. The main objective of the plaint is to demonstrate the wants of the plaintiff. Do not mentioned in plaint defendant and of plaint written statement format statement format of an upload in this code of! Power to Order bill, etc., to be deposited with officer of court. IMMOVABLE PROPERTY: Once counter claim is made, plaintiff becomes defendant and vice versa written statement becomes plaint and plaint becomes written statement. WHERE THE PLAINTIFF SEEKS THE RECOVERY OF MONEY: The plaint shall state the precise amount claim; but where the plaintiff uses for mesne profits or for an amount which will be found due to him taking unsettled accounts between him and the defendant, the plaint shall state approximately the amount used for. WRITTEN STATEMENT FILED BY THE DEFENDANT UNDER ORDER VIII, RULE 1, C.P.C. CPC, the averments in the plaint are germane; the pleas taken by the defendant in the written statement would be wholly irrelevant at that stage," (SCC p. 560, para 9). Format of Recovery Suit in MS word to file Petition against Defendant for return of cheque with claim of cheque amount and interest. ORDER VIII of CIVIL PROCEDURE CODE (CPC) - WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM 1. Filed by the defendant or by his duly constituted agent. Where the suit is for recovery of money, precise amount claimed [Rule2], 11. It's a pleading of the defendant wherein he deals with every material fact alleged by the plaintiff in his plaint and also states any new facts in his favour or takes legal objections against the claim of the plaintiff. It must be an ascertained sum of money. c. A decree directing the Defendant No.1 to convey the possession of the scheduled properties in favour of the Plaintiff within a specified period . index topic page no. A suit is instituted by way of a plaint. It can be said to be a statement of claim, a document, by the presentation of which the suit is instituted. Written statement is the defense of the defendants. Not repeated for the sake of brevity. That the present suit is being filed under the specific provisions under Order XXXVII of the Code of Civil Procedure, 1908. A plaint includes all the issues raised by the plaintiff along with the cause of action arising out of the suit. Plaint is that the description of facts of the case and therefore the exact amount being claimed along side any interest. Besides this, he also can claim to set-off any sums of money payable by the plaintiff to him as a counter defence (Order 8 Rule 6). Search for: Submit Article for Publication . 1) It is submitted that the defendant has gone through the averments made in the plaint and affidavit filed in support of the plaint. 90,000/- was paid to the plaintiff six months after the solemnization of marriage, therefore, no cause leftovers to claim dower money from the defendant. Where the plaintiff sues a defendant for the recovery of money the defendant can defend that suit and he can claim a set-off in respect of any claim of his own. (1) The defendant shall, at or before the first hearing or within such time as the Court may permit, present a written statement of his defence. 2. the paragraph number 4 is totally Legal. 53 affidavit: in a suit for recovery of money in the court of senior civil judge, in civil suit no of 20 in the matter of: Any other relief considered possible by this Respected Court may also be granted. Every plaint shall contain statements regarding the value of the subject matter to determine the jurisdiction of the court and to determine the course fees. Details. An affidavit must be used to establish the facts in any such complaint. Alternative plaint or written statement: Plaint or written statement must not provide alternative points, such as, in a suit of bond first it is denied to be issued, and later on defence is . the advocate application for amendment in plaint. Based on the value the suit can be filed either in the District Court or the High Court. The defendant most respectfully-. a para wise reply of the plaint, in which the defendant either denies or admits each and every claim and allegation , drawn up and filed by the plaintiff against him in the plaint. That the contents of para 3 of the plaint are absolutely incorrect and are denied. 2. 37 of 1987 a, son of b, aged about 50 years, occupation business,residing at That the contents of para 3 of the plaint are matter of record before this Hon'ble Court. It prevents the valuable time of the court. The plaintiff is put to strict proof of the same 5) Contents of para no. Menu. Sample Plaint and Written Statements - StuDocu. 5. 32154 dated 29th December 2000 registered with the Mohammadpur Sub-Registration Office, is void, ineffective and not binding upon the Plaintiff. DESCRIPTION OF THE PLAINTIFF: . . It is also termed as a statement of claim. Plaint under CPC: Particulars, Procedure, Admission & Rejection . That no relief, which does not fall within the ambit of this rule, has been claimed in the plaint. . the law reform commission of tanzania. However, the expression 'written statement' has not been defined in the code and it is a term of specific connotation ordinarily signifying a reply to the plaint which is filed by the plaintiff. Suit for injunction (BNA Y). 2,48,000/- (Rupees Two Lac Forty Eight Thousand) with interest at the rate of 10% per annum and cost of the suit. 10. A plaint includes only the material facts in a very short and precise way. Framing of issues, Trial and Arguments: After framing of issues involved in the suit, the . Simple Written Statement Recovery of Money Template. IN THE COURT OF CIVIL JUDGE SENIOR DIVISION, NASIK S. Suit No. [Rule 1(g)] If the suit is for recovery of money then the precise claim amount must be there. The written statement is a statement written by a lawyer on behalf of the defaulter. (2) Save as otherwise provided in rule 8A, where the defendant relies on any document (whether or not in his possession or power) in . Order VIII, Rule 1:Written Statement should be submitted within30 days from the date of service of summonson him, In the written statement defendant can put his case also under the heading additional plea, and can states new facts or . ORDER 7 RULE 8: This states that if the relief is claimed is based on the different cause of action or grounds then the plaintiff needs to state each ground specifically. The written statement's underlying meaning is that a written statement is a reply to the plaintiff's suit, which is filed by the defendant. As a matter of fact, Mr. N is the owner of the suit properly. Format of Recovery Suit in MS word to file Petition against Defendant for return of cheque with claim of cheque amount and interest. Moore, 275 S.C.199, 268 S.E.2d 293, 295. . [Rule 2] In fact, in the very plaint, the contents of the civil suit is laid out. The prompt dower money Rs. It is specifically denied that the Plaintiff is the owner of the suit properly. Download. This rule will also be applied to the Written Statement of the defendant. In money suits. III. Costs of this suit may also be awarded to the plaintiff. recovery of affirmative money judgment for any excess over that claim. ORDER 8 Meaning It is a reply to the plaint. 6. . A plaint is the first step towards the initiation of a suit. The defendant cannot claim money that is recoverable from a person who is in the plaintiff's relation. 1. ORDER 7 RULE 7: This States that the plaint should specify the claim either simply or alternatively. through The proper procedure for filing a civil suit is provided under Code of Civil Procedure, 1908. The term written statement has not been defined in the Code. That the suit is barred by the principles of estoppels, waiver & acquiescence. on a written contract, or. Suit for declaration (iAjNmA Y). Written statement is the defense of the defendant. . 1. suit for recovery of receivables instituted by any assignee of a receivable. b. A plaint is the first step towards the initiation of a suit. format of affidavit for written statement legal news. In any proceeding 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. It is, therefore, claimed by way of denial that defendant no.2 got the goods Result: Suit decreed. This Written Statement is a simple Written Statement in response to a suit for recovery of money. CSM based on position . in case of failure another 60 days is provided to him/her but valid reasons for the delay needs to be provided. The plaint and written statement are defined in the following clauses: (a)Plaint: A statement of claims, called the "plaint" in which the plaintiff sets out his cause of action with all necessary particulars; and (b)Written Statement: A statement of defences, called the "written statement" WRITTEN STATEMENT. Matter of record and needs no reply. The facts of the case are such that the respondent/plaintiff filed the suit for recovery of a sum of Rs 1, 71,600/- with future interest and costs. tanzania cases for learners jesse k temba academia edu. The averments, which are not specifically admitted, are denied. Where there are several defendants and a common . As per Rule 6 which states "Where in a suit for the recovery of money the defendant claims to set-off against the plaintiff's demand any ascertained sum of money legally . The legal statements are the statements made if the unauthorized transaction from your bank account is made then you can write the legal statement letter to the bank. Where, in any suit, after the defendant has appeared, the Court is of the opinion that the plaint should be returned, he shall, before doing so, intimate its decision to the plaintiff. You may also contact us if you wish to talk to a lawyer or are facing any other Legal Issue and want to have Legal Consultations with the empaneled Lawyers at Hello Counsel. Plaintiff v. Janardhan Naidu . a specimen form of written statement on the basis of hypothetical facts in plaint in a suit for recovery of money due on a promissory note is as under: form of written statement of plaint in money suit 1 2 fin the court of civil judge senior division, nasik s. suit no. Summary Suit under Order XXXVII of Code of Civil Procedure download for recovery of money against return of cheque, negotiable instrument or confirmed debt. Rule 5 provides that every allegation of fact in the plaint, if not denied in the written statement shall be taken to be admitted by the defendant. That the suit is not maintainable in the present form & manner. plaint and written statement of Partition suit no. Totally Legal PRAYERS In view of the above, it is prayed as under:- 1. it is basically an answer to the plaint.the written statement must be presented within 30 days from the service of summons. Through such a plaint, the grievances of the plaintiff are spelled out, as well as the possible causes . Documents: The Plaint is to be amid the supporting documents viz, written contract, particulars of claim and correspondences if any. That there is no cause of action for the suit & the suit is liable to set aside. Matter of record and needs no reply. This Written Statement does not contain any preliminary objections or the defence of the defendant set out at the outset but contains simple Para wise replies to the plaint drafted by the plaintiff. plaint written arguments written statement written arguments plaint written arguments 11 written statement written arguments 14 plaint Read More. ORDER VII of CIVIL PROCEDURE CODE (CPC) - PLAINT. Procedure when party fails to present written statement called for by Court: . in case of . The Plaintiff is put to strict proof of the same. Plaint ORDER-6, RULE-17, SECTION-26 In the court of the Junior Civil Judge of Tirupati O.S. 1. 3. It is the first and the primary step towards the institution of a suit. After the name of the plaintiff, name of the defendant or defendants should be written as per Rule 1 (c), Order VII. R/o.Hyderabad Defendant WRITTEN STATEMENT FILED BY THE DEFENDANT UNDER ORDER VIII, RL.1, C.P.C. 2. 3. ORDER 8 Meaning It is a reply to the plaint. 3. Tuloka Affiliates, Inc.V. A specimen form of written statement on the basis of hypothetical facts in plaint in a suit for recovery of money due on a promissory note is as under: Form of Written Statement of Plaint in Money Suit 1 2. The property allotted to Sukhdeo Rai Was shown in Schedule two of the written statement of Partition Suit No. It is stated that the instant plaint is liable to be returned in accordance with the provisions of Order VII Rule 10 of the Code of Civil Procedure, 1908, as this Honble Court is not clothed with the The written statement provides the tabulated details of the goods of erstwhile defendant no.1 stored in illegal possession of plaintiff company. A money recovery lawsuit is a civil remedy for recovering money from a defaulter. Accordingly, under the abovementioned facts and circumstances, being compelled, the plaintiff has come up with this suit for recovery of Rs. Suit for Recovery of Money under Order XXXVII of CPC,1908's format is given below. In written statement defendant can specifically deny the allegations made in the plaint by the plaintiff against him. is a duly constituted attorney of the Plaintiff-company and is authorized and competent to sign and verify the plaint, vakalatnama etc. WRITTEN STATEMENT. In a suit for specific performance, plaintiff is to approach . 2. precedent no. WHAT ARE THE RULES OF FILING A PLAINT? . Summary Suit under Order XXXVII of Code of Civil Procedure download for recovery of money against return of cheque, negotiable instrument or confirmed debt. The sum must be legally recoverable; If there are more than plaintiff, you can recover it from all plaintiffs . The plaintiff's readiness and willingness, which is a condition precedent, must be in accordance with the terms of the agreement (Bala Krishna vs Bhgawan Das, AIR 2008 SC 1786), however, the plaintiff need not carry money in his hand ( M.K.Watts vs Usha Sharma, AIR 2004 P&H 295). Money suitRecovery of rent and other charges for three years: G.Srinivasa Yadav filed a suit for the recovery of the debt Draft the plaint. However, it means the pleadings of the defendant wherein defendant deals with the facts alleged in the plaint. As per the agreement signed b/w the parties on 15/5/2013. Andhra Pradesh High Court: Ninala Surya, J., decided to not interfere with the impugned order and dismissed the civil writ petition. 345 of 1967 whereas the properties allotted . December 17, 2021 by Yogesh. The written statement must contain full particulars of the amount claimed by way of set-off and how and when it fell due. Paragraph number 5 is also Legal. Particulars to be contained in plaint. Para 1 and 2 of the plaint give an . 5. It is called the answer of the defendant. PLAINT FILED UNDER SECTION 26 READ WITH ORDER VII OF CPC. Written Statement: The Defendant after entering appearance shall be required to file its Defense/ Written Statement within the timeline prescribed. 15. The respondent respectfully states as follows: Para wise reply: I. A 'defense' called the written statement ,in general this is a reply of plaint ,in which defendant deny or admit the each and every allegation or facts given in the plaint.Denial or admission must be Para wise and clear. Written Statement on behalf of the defendant . Order IV of the Code of Civil Procedure, issued in 1908, allows for the filing of a lawsuit (CPC). Not repeated for the sake of brevity. For the actual drafting and/or customs designed & precise inputs you can touch us for online drafting based upon your inputs. Reliance First Capital Mortgage Login, Kate Spade Job Requirements, Cute Japanese Words Copy And Paste, Scandinavian Style Gas Fireplace, Feast Of The Black Nazarene 2020, Importance Of Stakeholder Theory, Report Card Comments For Weak Students Pdf, 0 0. PDF; Size: 3.9 MB. This draft can be downloaded free and modified for contingent and urgent requirement. 32 of 1967/27 of 1964 filed by Paras Nath Singh against Ragho Singh and Others as additional evidence in appeal. In I.T.C. The averments, which are not specifically admitted, are denied. . Filed by the defendant or by his duly constituted agent. So, here it is how to draft a plaint. Don't worry, if you cannot find your required Plaint Format, kindly CLICK HERE, call our helpline at (+91) 98-712-712-05, or e-mail us at hellocounsel@gmail.com. Pass a decree for recovery in favour of plaintiff thereby directing the defendant to pay a sum of Rs.- along with p edente lite. WRITTEN STATEMENT Order VIII deals with rules relating to written statement. written statement: the written statement is a statement written by a lawyer on behalf of the defaulter. Sheweth: 1. it is basically an answer to the plaint.the written statement must be presented within 30 days from the service of summons. It must be a suit for recovery of money. Framing of issues, Trial and Arguments: After framing of issues involved in the suit, the . [Rule 1(i)] Every plaint shall contain the relief claimed by the plaintiff. 1. Meaning: Plaint means a statement in writing of a cause of action in which the relief is . The defendant must file a written statement of defence at or before the first hearing, or within 30 days of receiving the summons. However, the expression "plaint" has not been defined in the code. Purpose of set-off in a written statement To prevent the institution of a fresh suit in the court. No /2011 Srinivasa Yadav .. Last updated 2020-06-01 10:00:00 . A plaint is also known as a pleading and is a document of law containing the plaintiff's written statement mentioning his claims. A specimen form of written statement on the basis of hypothetical facts in plaint in a suit for recovery of money due on a promissory note is as under: Form of Written Statement of Plaint in Money Suit 1 2. It is a . But where the plaintiff sue for mesne profits, or for an amount which will be found due to . Issuance of summons: The Court after examining the plaint and its admissibility shall issue summons which is required to be duly served upon the Defendant/s. Issuance of summons: The Court after examining the plaint and its admissibility shall issue summons which is required to be duly served upon the Defendant/s. guarantee, where the claim against the principal is in respect of a debtor for liquidated demand only. WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT THE DEFENDANT MOST RESPECTFULLY SUBMITS AS UNDER: PRELIMINARY OBJECTIONS: 1. The concept of a plaint is mentioned in the Civil Procedure Code. II. (i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court fees, so far as the case admits. Suit for recovery of money (f ik B e e). The particular definition of the written statement is not defined in the law of civil procedure code. As the price of cloth purchased on, and Rs.., as interest thereon at the agreed rate upto the date of the institution of this suit, total Rs.. and also pendent lite and further interest. IN THE COURT OF CIVIL JUDGE SENIOR DIVISION, NASIK S. Suit No. extended for filing written statement up to 90 days; on the 90th day, if no written statement is found filed, the court without waiting for the plaintiff to make prayer to set exparte the . In it, he also pleads new facts and set up counter claim and set-off. A decree for a sum of Rs. fidelity.com. 1. 3. Written statement. It prevents multiple lawsuits between plaintiff and defendant. The suit is for recovery of money.The plea of set-off shall be available to the defendant only in a suit . It's a pleading of the defendant wherein he deals with every material fact alleged by the plaintiff in his plaint and also states any new facts in his favour or takes legal objections against the claim of the plaintiff. The petitioner/defendant filed written statement contending that . WRITTEN STATEMENT (Rule 1-5 & 7-10) In legal dictionary, the word written statement means a pleading for defence. 37 of 1987 A, . Where the subject matter is an immovable property, a description of the property . A decree declaring that the sale deed bearing No. suit for recovery of money draft pdfmass effect 4 metacritic. Where an intimation is given to the plaintiff under sub-rule (1) the plaintiff may make an application to the Court-. This prayer was rejecte . . This plaint is required to be proved by way of an . Money recovery is a unique situation, and in such instances, the precise or approximate amount sought must be included in the lawsuit. A plaint is a legal document which contains the written statement of the plaintiff's claim. 4-5. The suit which is filed by the plaintiff must be for the recovery of money. December 17, 2021 by Yogesh. Skip to content. A plaint is a legal document which contains the written statement of the plaintiff's claim. suit for money recovery Update payment for full access. BEFORE THE HON'BLE JMFC/CITY CIVIL COURT Pass the pendente lite interest and future interest @ 5% per mensem in favour of the Plaintiff till the date of realization of the loan advanced by the plaintiff to the defendant. 4. That with respect to para 4 of the plaint, it is correct that the Defendant is in possession of the suit properly. A Plaint is a legal document that contains the content of any civil suit which shows the Plaintiff's claim after filing suit. 4. Ltd. v. Debts Recovery Appellate Tribunal [(1998) 2 SCC 70] it was held that the basic 1. Civil Procedure Code Order . It contains the written statement of the plaintiff's claim. It has been stated under section 26 of the code of civil procedure that each and every suit shall be instituted by presenting a plaint . Note: This is a sample format/Draft of Suit for Recovery of Money for Goods Sold. Further, if the defendant has any claim against the plaintiff relating to any matter in the issue raised in the plaint, then he can separately . Moreover, the detailed reply has already been given in the para no 2 of the Preliminary Objection of the instant Written Statement may Kindly be read as part and parcel of the para under reply and the same is not repeated herein for the sake of brevity. File Format. 90, 000/ - may kindly be passed in favor of the plaintiff and against the defendant. Plaint under Order XXXVII of the Code of Civil Procedure 1908 as mentioned in the suit Respectfully Sheweth : 1.