Summary Suit on Confirmed Accounts/Acknowledged Debt

IN THE COURT OF……………AT………
SUIT NO………OF 20…….
(Under Order XXXVII of the Code of Civil Procedure, 1908)

A.B.								…Plaintiff

Versus

C.D.								…Defendant

THE PLAINTIFF ABOVE NAMED STATES AS UNDER :

1. The plaintiff is………………. The plaintiff is carrying on business at ………… The defendant is carrying on business at…………

2. By a written acknowledgement of liability-cum-promise to pay, the defendant agreed to pay a sum of Rs…….. to the plaintiff as set out therein. Hereto annexed and marked Exhibit “A’ is a copy of the said acknowledgement-cum-promise to pay off the abovereferred amount executed by the defendant in favour of the plaintiff. The defendant executed the said acknowledgement and made the said promise as a result of accounts stated in writing consequent upon settlement of accounts existing between the parties. The said liability arises out of commercial transactions between the parties.

3. By the said written acknowledgment, the defendant also agreed to pay interest on the principal amount of Rs……… at the rate of ………% per annum from the date of the acknowledgement till payment. The defendant has failed and neglected to pay the said amount or any part thereof. The plaintiff seeks to recover the entire amount due and payable by the defendant to the plaintiff under the writing/written acknowledgment - Exhibit “A” hereto along with interest.

4. The plaintiff states that by his Advocate’s letter dated ………, the plaintiff called upon the defendant to pay the said sum of Rs………. with interest. Hereto annexed and marked Exhibit ‘……….’ is a copy of the said letter dated ……….. from the advocate for the plaintiff to the defendant. Hereto annexed and marked Ex. ‘……….’ is a copy of letter received from the defendant.

5. In the aforesaid circumstances a sum of Rs…….. is due and payable by the defendant to the plaintiff up to date of filing of the suit as per particulars of claim hereto annexed and marked Ex. ‘……….’ The defendant is liable to pay further interest at the rate of ……% or at such other rate as this Hon’ble Court may deem fit and proper on Rs………. from the date of filing of the suit till passing of the decree and at the rate of …….% or at such other rate as this Hon’ble Court may deem fit and proper on Rs……… from the date of filing of the suit till passing of the decree and at the rate of …………% p.a. on Rs…………. from the date of decree till payment.

6. The plaintiff submits that the amount claimed in the suit is payable by the defendant to the plaintiff on the footing of settled and confirmed accounts. The liability of the defendant in respect of suit claim to pay interest at the rate of …………% p.a. up to date of filing of the suit is based on agreement to pay interest at the said rate and the same is explicit from …………. The plaintiff accordingly submits that the said amount is payable by the defendant to the plaintiff under a written promise to pay the said amount to the plaintiff, which promise is explicity contained in……….. and in any event is implicit by necessary implication arising from and contained in the said document i.e……………..

7. The suit is filed as summary suit under the provisions of Order XXXVII of the Code of Civil Procedure. The plaintiff states that no relief which does not fall within the ambit of Order XXXVII of the Code of Civil Procedure, 1908 has been claimed in the Plaint.

8. The defendants carry in business at…………… The said amount was lent and advanced at …………….. The said statement of account was confirmed at …………………….. The said amount is due and payable at ………….. The plaintiff submits that entire cause of action has arisen at…………. The plaintiff submits that this Hon’ble Court has jurisdiction to entertain and try this suit.

9. The plaintiff values the reliefs claimed in the suit for the purpose of Court fees and jurisdiction at Rs………….

10. The plaintiff shall rely upon the documents, a list whereof is hereto annexed.

THE PLAINTIFF PRAYS :

(a) that this Hon’ble Court be pleased to order and decree the defendant to pay a sum of Rs……… to the plaintiff with further interest on Rs…………. at the rate of ……….. percent per annum from the date of filing of the suit till payment and costs of suit.

Advocate for Plaintiff	
Plaintiff.

Verification.