IN THE COURT OF THE PRIL. JUNIOR CIVIL JUDGE
AT : JAMKHANDI.
ORIGINAL SUIT NO. /2011
1) Shri.
Maningappa S/o.Siddappa Mishennavar.
Age:
Years, Occu.: Agril.
R/o. : Hulyal, Tq.: Jamkhandi.
Dist.: Bagalkot. -
- - - PLAINTIFF.
V / s.
1) Shri.
Narendra S/o.Shankar Rathi.
Age:
Years, Occu.: Agril.
R/o. : Hulyal, Tq.: Jamkhandi.
Dist.: Bagalkot. -
- - - DEFENDANT.
======
PLAINT UNDER ORDER VII RULE
1 AND 2 OF C.P.C.
Suit
for Recovery of money.
Suit
Claim Rs.53,000/- for all
purposes.
HEREIN,
the Plaintiff above named submits as under :
1) The addresses of the parties for the
purpose of service of summons, notice etc., are as shown in the cause title of
the Plaint. The address of the counsel for the Plaintiff for the similar
purpose is;
SHRI. P. R. TUKKAPPANAVAR
Advocate,
“Basava Chetana”,
Vartak Galli,
Jamkhandi –
587301.
2) That the Plaintiff and the Defendant are
well known to each other. That the Defendant was in need of money for his
family necessities. And he asked a hand loan of Rs.50,000/- from the Plaintiff.
And accordingly Plaintiff has given Rs.50,000/- to the Defendant to meet out
his family necessities by this amount. On the same day the Defendant executed a
Demand Promissory Note in favor of the Plaintiff on 31/10/2008 by receiving Rs.50,000/-
from the Plaintiff. And further he agreed to repay the same when and where the
demand for the repayment is made.
The Promissory note is annexed herewith, and
the same may be treated as part and parcel of the plaint.
3) That the Defendant has not repaid the suit
hand loan amount. The Plaintiff has requested the Defendant personally and also
through elders for repayment of the said amount, but the defendant has not
repaid, but went on postponing the repayment on one or the other reason by
giving false promises. Plaintiff being fed up with the attitude of the
defendant has ultimately issued Lawyer Notice to Defendant on 15/11/2010 by
RPAD and calling upon him to pay the suit loan dues. But the same was returned
with the postal endorsement of ‘addressee not found’. The Postal receipts of
R.P.A.D. and the returned cover are annexed herewith.
4) Further, neither the Defendant repaid the
amount nor he communicated the Plaintiff. Hence, being no way left the
Plaintiff is constrained to file this suit for the recovery of principal amount
Rs. 50,000/- + Lawyer notice cost Rs.3000/-
+ future interest at the rate of 18 % p.a. from the date of suit till its
realization for which plaintiff is entitled along with other costs.
5) Cause
of Action : The cause of action for the suit has arisen on 31/10/2008, when
the suit loan was advanced and when the Plaintiff demand for the repayment and
Defendant went on postponing the payment from time to time, subsequently it
arose when the Defendant didn’t repaid the amount even after receiving suit
notice and it is arising day to day.
6) Court
Fee : This is a suit for recovery of money of Rs.53,000/- and the
suit is valued U/Sec.21 of K.C.F. and S.V. Act 1958 and the court fee of Rs.3,225/-
is paid on the suit claim of Rs.53,000/-.
The same is the valuation for the purpose of
Advocate’s fees and jurisdiction of
7) Jurisdiction
: The Plaintiff and the Defendant are residing and the suit transaction has
taken place are well within the jurisdiction of this
8)
That the suit is well within the limitation.
9) Prayer
: Therefore, the Plaintiff prays that,
a) The
b) The
c) That the costs of the suit be awarded to
the Plaintiff.
d) That any other just and equitable relief
be granted in favor of the Plaintiff.
Place: Jamkhandi.
Date :
/02/2011 Plaintiff.
Verification
Herein I, the plaintiff do here by
state that, the contents of above plaint paras are read over and explained to
me in Kannada and the same are true and correct to the best of my knowledge,
belief and information.
Place:
Jamkhandi.
Date : / 02
/ 2011
Plaintiff.
PRESENTED BY
(P .R. TUKKAPPANAVAR)
Advocate
for plaintiff.
IN THE COURT OF THE PRIL. JUNIOR CIVIL JUDGE
AT : JAMKHANDI.
ORIGINAL SUIT NO. /2011
1)
Shri. Maningappa S/o.Siddappa Mishennavar.
R/o. : Hulyal, Tq.: Jamkhandi. - -
- - PLAINTIFF.
V / s.
1)
Shri. Narendra S/o.Shankar Rathi.
R/o. : Hulyal, Tq.: Jamkhandi. -
- - -
DEFENDANT.
======
AFFIDAVIT
Herein I, Shri. Maningappa
S/o.Siddappa Mishennavar.
Age: Years,
Occu.: Agril. R/o. : Hulyal, Tq.:
Jamkhandi, today at Jamkhandi do hereby state on oath and makes this affidavit
as under.
1) I’m the Plaintiff
in this case and I know the facts of this case.
2) Facts stated in
the para no.1 to 9 of the plaint are all true and correct.
Contents of the above affidavit
are read over and explained to me in kannada, and the same are true and correct
to the best of my knowledge, belief and information.
Place: Jamkhandi.
Date: / 01 / 2011 Deponent
I know the Deponent.
(P. R.
Tukkappanavar)
Advocate, Jamkhandi.
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