Summary Suit on Promissory Note
IN THE.......... COURT OF..........
SUMMARY SUIT NO........ OF 20......
(Under Order XXXVII of the Code of Civil Procedure, 1908)
A.B. ...Plaintiff
Versus
C.D. ...Defendant
THE PLAINTIFF ABOVENAMED STATES AS UNDER :
1. The plaintiff is..................... The defendant is...............
2. By an “On Demand” Promissory Note dated........ executed by the defendant in favour of the plaintiff, the defendant promised to pay to the plaintiff a sum of Rs......... with interest thereon at the rate of .........% per annum as set out in the said Promissory Note. The defendant executed and handed over the said Promissory Note to the plaintiff for valuable consideration. Hereto annexed and marked Exhibit “.........” is a copy of the said Promissory Note. The defendant has not paid the amount of the said Promissory Note or any part thereof or any interest thereon although repeatedly being called upon.
3. The plaintiff therefore by his Advocate’s letter dated......... called upon the defendant to repay the said sum of Rs........ with interest at the rate of ........p.a. on the footing aforesaid. The defendant has received the said notice. The defendant failed and neglected to reply the said Notice/replied the said notice by his letter dated ........... Hereto annexed and marked Ex. ‘.........’ is a copy of the said notice dated ............
4. In the aforesaid circumstances a sum of Rs......... is due and payable by the defendant to the plaintiff as per particulars of claim hereto annexed and marked Ex.............. The defendant is liable to pay further interest on the said sum of Rs......... at the @ .........% p.a. from the date of the suit to the date of decree and at the rate of .............% p.a. or at such other rate as this Hon’ble Court deems fit and proper from the date of decree to the date of payment or realization.
5. The plaintiff submits that this Hon’ble Court be pleased to order and decree the defendant to pay to the plaintiff the said sum of Rs........... with further interest of Rs......... at the rate of .........% p.a. from the date of filing of the suit till passing of the decree and at the rate of .............% p.a. or at such other rate as this Hon’ble Court deems fit and proper from the date of decree till payment or realization and costs of the suit.
6. 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.
7. The said Promissory Note was executed at.................... The defendant is residing and carrying on business at...................... The defendant was and is liable to pay the said amount at ........... The entire cause of action has arisen in........... This Hon’ble Court has jurisdiction to entertain and try this suit.
8. The plaintiff value the suit for the purpose of court fees and jurisdiction at Rs..........
9. The plaintiff shall rely upon the documents, a list whereof is hereto annexed.
THE PLAINTIFF THEREFORE PRAYS :
(a) that the defendant be ordered and decreed to pay to the plaintiff the said sum of Rs............ with further interested on Rs........... at the rate of ...........% p.a. from the date of filing of the suit till passing of decree and at the rate of ..........% p.a. or at such other rate as this Hon’ble Court deems fit and proper from the date of passing of the decree till or realization and costs of the suit.
Advocate for Plaintiff
Plaintiff.
Verification