Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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legalgal (Associate)     02 March 2010

Civil Suit for Recovery

How do you file a civil suit for recovery? Are there any particular sections of CPC to conform with? 



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 10 Replies

legalgal (Associate)     02 March 2010

Is there any alternate method of recovery of money in the absence of an written agreement? 

Y V Vishweshwar Rao (Advocate )     02 March 2010

You can go through  a Book on -Draftings and pleadigns - complete procedure is available for a  suit ,  for recovery - there are several model from of Sutis - Recovery suit - etc  

R.R. KRISHNAA (Legal Manager)     02 March 2010

Recovery of money suits are governed under Order VII of CPC.  In the absence of written agreement, a suit can be filed on the basis of a oral agreement.

Y V Vishweshwar Rao (Advocate )     02 March 2010

Written Agreement is  the way to prove the liability of Defendnats to pay the due amoun 

 

You can also prove liability other wise also - provided that you have delivered goods /items /rendered services etc and liability to pay the amount .

legalgal (Associate)     02 March 2010

Thank you so much, we are contemplating a summary suit, using the acknowledgement of the said payment as a written contract. 

G. ARAVINTHAN (Legal Consultant / Solicitor)     02 March 2010

Order XXXVII Suit can also be a good remedy

Suryanarayana Tangirala (Advocate)     24 March 2010

S.26,O.VII,RULE 1&2 OF C.P.C

Suryanarayana Tangirala (Advocate)     25 March 2010

Good luck legal gal,at times summary suit may consume more time than ordinary money suit leave to defend-revision-SLP :-) u know what i mean exploring all the means by defendant :-) iam not discouraging you just telling you the  practical part of litigation

legalgal (Associate)     26 March 2010

Thank you all so much for your help.

Since the matter involves recovering money from a corporation, of which our client was a consumer, our client wished to file a consumer complaint to begin with. Based on the decision here, we'll see the strength of the case and wether we should proceed with filing a suit. 

In the absence of any contract or agreement, it seems really tough to recover money just on the basis of a receipt which was given two years after handing over money. I had to argue my life off to just get the matter admitted. 

himanshu rewatkar (LAWYER)     20 November 2017

You can prove the Debt to be recovered even if there is no written agreement. Foe that you will have to refer section 70 of  contract act. 


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