Summary Suit for recovery of Price of the Goods
Sold and Delivered
IN THE COURT OF.................
SUMMARY SUIT NO.......... 20....
(Under Order XXXVII of the Code of Civil Procedure, 1908)
A.B. ... Plaintiff
Versus
C.D. ...Defendant
THE PLAINTIFF ABOVENAMED STATES AS FOLLOWS :
1. The plaintiff carries on business as manufacturer and supplier of textile goods. The defendant carries on business as dealer in textile goods.
2. By a written contract/purchaser order dated............, the defendant agreed to purchase from the plaintiff and the plaintiff agreed to sell to the defendant textile goods described therein, at the rate and on the terms and conditions set out therein. Briefly stated, the relevant particulars of the said contract, are as under :-
.......................................
.......................................
Hereto annexed and marked Exhibit ‘A’ is a copy of the said Purchase Order/Contract dated..........
3. In pursuance of the said written contract/purchase order, the plaintiff sold and delivered the above referred goods to the defendant as evidence by the acknowledgment of the defendant on the delivery challan dated.......... bearing the endorsement of the defendant in token of having received the said goods. Hereto annexed and marked Exhibit “B” is a copy of the said delivery challan.
4. On..............., the plaintiff submitted his invoice no...........dated ...........to the defendant for Rs.......... covering the value of the said goods. The defendant received and accepted the said invoice. The defendant however failed and neglected to pay the amount payable by the defendant or any part thereof. The said invoice stipulated that the amount thereof was payable within ............ from the date thereof and for delayed payment, interest at............ percent per annum will be charged. The defendant is liable to pay the amount of the said invoice to the plaintiff for price of the said goods sold and delivered under written contract/purchase order as aforesaid along with interest thereon at the rate of.............. per annum, being the agreed rate/reasonable rate of interest under the Sale of Goods Act, 1930/being the rate of interest as stipulated in the said invoice.
5. By his Advocate’s letter dated ............., the plaintiff called upon the defendant to pay the aforesaid amount to the plaintiff immediately on receipt of the said letter. By his advocate’s letter dated ........... the defendant has raised false and frivolvous contentions for the first time. By the said letter, the defendant contended that the said goods supplied by the plaintiff were of inferior quality. The demur on............... The defendant had never raised any dispute about the quality of the goods for more than a year. The defendant has now raised this contention for the first time in reply to the notice of demand only with a view to delaying the payment of the legitimate claim of the plaintiff. The plaintiff has replied to the said letter of the defendant’s Advocate, by his Advocate’s letter dated .......... Hereto annexed and marked Exhibits ‘C’, ‘D’ and ‘E’ are copies of the aforesaid letters.
6. In the premises aforesaid, a sum of Rs........... is due and payable by the defendant to the plaintiff inclusive of interest upto date of filing of the suit as per the particulars of Claim hereto annexed and marked Exhibit ‘F’. The suit transaction is a commercial transaction. The defendant is also liable to pay further interest on the principal amount of Rs.......... at the reasonable rate of interest. The plaintiff says and submits that this Hon’ble Court be pleased to order and decree the defendant to pay the aforesaid amount with further interest on the principal amount at the rate of.........% per annum for the period commencing from the date of the filing of the suit till payment.
7. The suit is filed as summary suit under the provisions of Order XXXVII of the Code of Civil Procedure 1908 on the basis of written contracts as evidenced by the defendant’s purchase order and plaintiff’s invoice and delivery challan and that no relief which does not fall within the ambit of Order XXXVII of the Code of Civil Procedure 1908 has been claimed herein.
8. For the purpose of Court fees and jurisdiction the plaintiff values his claim in the suit Rs.............
9. The defendant placed the said order at........... The plaintiff accepted the said order at........ The defendant agreed to pay the price of goods at........... The defendant resides at ................ The entire cause of action has arisen within the jurisdiction of this Court. This Hon’ble Court has jurisdiction to entertain and try this suit.
10. The plaintiff shall rely upon the documents a list whereof is hereto annexed.
The plaintiff prays :
[a] That the defendant be ordered and decreed to pay to the plaintiff the sum of Rs........... as per particulars of claim annexed hereto and marked Ex. ‘.........’ with further interest of Rs.......... at the rate of ........% p.a. from the date of filing of the suit till payment or ........... realization
Advocate for the plaintiff
Plaintiff
Verification