Upgrad LLM

will civil court take this as evidence in recovery of money?

Can I produce this as evidence in Civil court for the recovery of my money? I gave 3,00,000 to my friend and now he is not willing to pay me. I have taken 3,40,000 from my bank on 24th and the next day on 25th I gave him 3,00,000. It has been 16 months now. I still have the bank statement for that month. Will this evidence support me in anyway or the civil court just needs agreement and cheques to take as evidence?


You can file Summary Suit for Recovery of Debt under Order 37 of Civil Procedure Code.
But you must satisfy to the Court the mode of Transaction between yourself & the debtor.If you handed the money in cash,did he issue you a receipt ? If not,then the Debtor might refuse to acknowledge the debt when he files reply to the suit instituted by you.

As a Plaintiff you need to prove your case. Same is the case with Respondent/Debtor to deny your allegations.



if any one witness the transaction between you and your friend . you have every right to file suit for recovery of your amount but you have to satisfy the court that yu have advanced the amount as  hand loan and to examine the witnesses if they were present on the date of transaction between you and your friend or if you have any written  letter from yur friend acknowledging his liability you can rely on that also. bank statement shows you have capacity to lend amount it is also helpful in that way. approach advocate with the material available with you he can suggest in correct way on verification

Retired Government Servant

Bank statement at the most shows how the amount came in your possession. But you have to show that you actually paid the amount and if it is proved then to prove that it was paid as loan.




Your are not logged in . Please login to post replies

Click here to Login / Register  


  Search Forum



CrPC MASTERCLASS!     |    x