Summary Suit on Hundi
IN THE COURT OF............
SUMMARY SUIT NO.........OF 20......
(Under Order XXXVII of the Code of Civil Procedure. 1908)
1........... ...Plaintiff
Versus
1................ ...Defendants
2................
3................
THE PLAINTIFF ABOVENAMED STATES AS FOLLOWS :
1. The plaintiff is.........................
2. The defendant No. 1 is ............ The defendants Nos. 2 and 3 at all material times were partners of defendant No. 1
3. On ............., the defendant No. 1 through his partners-defendants Nos. 2 and 3 - duly accepted a Hundi for Rs.......... drawn by the plaintiff on defendant No. 1 for valuable consideration. As stated in the said Hundi, the defendants undertook to pay Rs........... to the plaintiff on its due date on presentation and honour the said Hundi. The said Hundi was duly handed over by the defendants to the plaintiff for valuable consideration after making endorsement of acceptance thereof as home out by the said Hundi. Hereto annexed and marked Exhibit ............ is a copy of the said Hundi dated............ matured on........
4. On............... the plaintiff presented the said Hundi to the defendants for payment. The defendants dishonoured the said Hundi without any justification. The defendants have not paid the amount of the said Hundi or any part thereof. The plaintiff has repeatedly called upon the defendants to pay the said amount but the defendants have failed and neglected to honour their commitment.
5. In the premises, the plaintiff contacted Shri......................, a Notary Public to call upon the defendants to pay the amount of the said Hundi to the plaintiff. The defendants have nevertheless dishonoured their commitment. Hereto annexed and marked Exhibit .......... is a copy of the Notarial certificate dated ................., issued by the Notary ......... providing dishonour of the said Hundi.
6. The plaintiff ultimately by his Advocate’s letter dated ........... addressed to defendants Nos. 1 to 3 set out some of the above facts and called upon defendants Nos. 1 to 3 set out some of the above facts and called upon defendants Nos. 1 to 3 to pay the amount due under the said Hundi namely, Rs............. as principal and a sum of Rs.......... being interest at the rate of ..........% per annum up to......... By their Advocate’s letter dated ............. The defendants stated/alleged that ....................... Hereto annexed and marked Ex.’..............’ is a copy of the said letter dated ............ from plaintiff’s advocate to the defendant Nos. 1 to 3. Hereto annexed and marked Ex. ‘............’ is a copy of the letter dated .......... From the Advocate for the defendants Nos. 1 to 3.
7. In the premises aforesaid, a sum of Rs........ is due and payable by the defendants to the plaintiff inclusive of interest at the rate of .......% per annum from .......... Up to date of filing of the suit. The plaintiff has computed the said rate of interest as a matter of abundant caution after taking into consideration the ........... days’ grace period as contemplated under the Negotiable Instruments Act. The plaintiff submits that this Hon’ble Court be pleased to order and decree the defendants to pay to the plaintiff the said sum of Rs........ with further interest of Rs......... at the rate of .......% per annum or at such other rate as this Hon’ble Court deems fit and proper from the date of filing of the suit till passing of the decree and at the rate of .........% p.a. or such other rate as this Hon’ble Court deems fit and proper from the date of decree till payment or realization. The said liability arises out of a commercial transaction. Hereto annexed and marked Ex........... are the particulars of the plaintiff’s claim.
8. The suit is filed under the provisions of Order XXXVII of the Code of Civil Procedure, 1908 and 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.
9. The plaintiff states that the said Hundi was drawn at......... The said Hundi was accepted by the defendants at............ The defendants are carrying on business at .......... The entire/substantial part of cause of action has arisen at.............. This Hon’ble Court therefore has jurisdiction to entertain and try the suit.
10. For the purpose of Court Fees and jurisdiction the plaintiff values the suit at Rs........... and pays Court fees accordingly.
11. The plaintiff will reply 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 defendants to pay of sum of Rs........ to the plaintiff with further interest of 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