Legal Services

Recovery of money

Published on

12-09-2022
Two types-1) Normal suit 2) Order 37 For recovery of money, the summary procedure is available under the Civil Procedure Code, 1908, by way of the institution of a suit in a court of appropriate jurisdiction. Proposed Plaintiff can institute a Civil Suit under Order 37 CPC. A Suit for the recovery of money is a civil remedy and acts as an effective tool to recover money from the defaulter. The suit can be established under Order IV of the Code of Civil Procedure 1908 (CPC) which includes the institution of the suit. It is generally like a summary suit (Order 37, Code of Civil Procedure) which offers expeditious disposal of the suit as here the defendant is not entitled to defend as a matter of right but only after applying for leave of the court, he can defend. Recovery of money is a specific case, and in such cases, the exact or approximate amount claimed must be mentioned in the suit. The period for filing a civil recovery claim in India is limited to three years from the date of cause of action has arisen. PROCEDURE AFTER INSTITUTION OF SUIT 1. Issue summons to the opposite party within 30 days from the institution 2. Defendant within 30 days should present the written statement 3. Framing of issues 4. The trial will be commenced 5. After considering all the evidence, final arguments would be heard 6. Verdict of the court 7. The court fee is to be paid by the plaintiff 8. Execution of a decree
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