Application under Order 37 Rule 3(4) CPC for summons for judgment in summary suit
0 of 92 blanks filled
IN THE COURT OF Presiding judge's name, LD. ADJ, DISTRICT CENTRAL, TIS HAZARI COURTS, DELHI
CS DJ NO. Suit number OF Year of suit filing
IN THE MATTER OF:
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
N.D.O.H.: Date of next hearing (day).Date of next hearing (month).Date of next hearing (year)
APPLICATION UNDER ORDER 37 RULE 3(4) OF THE CODE OF CIVIL PROCEDURE, 1908 FOR SUMMONS FOR JUDGMENT ON BEHALF OF THE APPLICANT / PLAINTIFF
MOST RESPECTFULLY SHOWETH:-
1.That the plaintiff has filed the present suit under Order 37 of the Code of Civil Procedure, 1908 against the defendant before this Hon'ble Court for recovery of a sum of Rs. x,Suit amount (middle digits, ₹),Suit amount (last digits, ₹)/- along with interest and costs. The suit is founded upon a mortgage deed / receipt / acknowledgment executed by the defendant. The contents of the plaint may be read as part and parcel of the present application, as the same are not being reproduced herein for the sake of brevity.
2.That the defendant received the summons of the present suit on Date of service of summons (day).Date of service of summons (month).Date of service of summons (year) and has been appearing continuously since then; however, the defendant finally entered appearance before this Hon'ble Court on Date of entry of appearance (day).Date of entry of appearance (month).Date of entry of appearance (year). It is submitted that the defendant entered appearance after a delay of 15 months, whereas under Order 37 Rule 3(1) of the Code of Civil Procedure, 1908, the defendant was required to enter appearance within 10 days. On this ground alone, the plaintiff is entitled to judgment and decree in his favour.
3.That on Date of appearance through counsel (day).Date of appearance through counsel (month).Date of appearance through counsel (year), the defendant entered appearance in the present suit through counsel, and accordingly, in terms of Order 37 of the Code of Civil Procedure, 1908, summons for judgment shall be served upon the defendant in the prescribed Form No. 4A set out in Appendix B of the Code of Civil Procedure, 1908. A detailed affidavit verifying the cause of action and the amount claimed is being filed along with the present application.
4.That the plaintiff believes that the defendant has no defence to the aforesaid suit and that the plaintiff is entitled to judgment forthwith.
PRAYER:-
In view of the facts stated above, it is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:
a)Issue summons for judgment in Form No. 4A of Appendix B of the Code of Civil Procedure, 1908 against the defendant at the address given by the defendant in its memorandum of appearance, in accordance with law, in the interest of justice.
b)Pass such other order(s) or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
DELHIPLAINTIFF
DATEDTHROUGH
Counsel's name
ADVOCATE
Address: Counsel's address
Counsel's address (line 2)
Counsel's address (line 3).
Mob. No.: Counsel's mobile number
Email:
IN THE COURT OF SH. Presiding judge's name, LD. ADJ, DISTRICT CENTRAL, TIS HAZARI COURTS, DELHI
CS DJ NO. Suit number OF Year of suit filing.
IN THE MATTER OF:
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
AFFIDAVIT
Affidavit of Sh. Deponent's first name Deponent's surname, S/o Sh. Deponent's father's name, R/o Deponent's residence address (line 1), Deponent's residence address (line 2), Deponent's residence address (line 3), do hereby solemnly affirm and state as under:-
1.That I am the plaintiff in the above-noted case, am fully authorised by the plaintiff to institute and pursue the captioned proceedings, am well conversant with the facts and circumstances of the case, and am competent to swear this affidavit.
2.That the plaintiff is a permanent resident of Plaintiff's permanent residence (line 1), Plaintiff's permanent residence (line 2), Plaintiff's permanent residence (line 3), and accordingly invokes the jurisdiction of this Hon'ble Court.
3.That the present suit has been filed by the plaintiff for recovery of a sum of Rs. x,Loan amount (middle digits, ₹),Loan amount (last digits, ₹)/- along with interest at the rate of 3% per month, under the specific provisions of Order Order number in CPC of the Code of Civil Procedure, 1908.
4.That the plaintiff and the defendant shared cordial relations. The wife of the plaintiff sold the Floor of property sold by plaintiff's wife floor, with roof rights, of a freehold property bearing No. Property number of first property sold, measuring Area of first property (sq. yards) sq. yards (Area of first property (sq. metres) sq. metres), out of Khasra No. Khasra number (part 1), Khasra number (part 2), Khasra number (part 3), Village Village of first property. The wife of the plaintiff also sold another property bearing No. Property number of second property sold, measuring Area of second property sq. Unit of area of second property, forming part of Plot No. Plot number of second property, situated at Location of second property (line 1), Location of second property (line 2).
5.That the defendant approached the plaintiff on Date defendant demanded the loan and demanded a sum of Rs. Loan amount demanded (₹) from the plaintiff, as he was in dire need of the said money. In view of the cordial relations between the parties, and since the plaintiff had reposed trust in the defendant, who had purchased two properties from his wife and had paid the said amount of Rs. Loan amount paid (in lakhs) lakhs, the defendant assured the plaintiff that he would repay the money shortly.
6.That the plaintiff agreed to advance the said amount as a loan at interest at the rate of 3% per month, whereupon the defendant mortgaged his property, namely the "entire lower ground floor of the southern-side portion of freehold built-up property bearing municipal No. Municipal number of mortgaged property, being a portion of old plot No. Old plot number of mortgaged property, measuring Area of mortgaged property (sq. yards) sq. yards, along with an undivided proportionate share in the land underneath, duly fitted with electricity and water connections in working order, situated at Address of mortgaged property", in the name of the plaintiff as security. In this regard, a mortgage deed dated Date of mortgage deed (day).Date of mortgage deed (month).Date of mortgage deed (year) and a receipt dated Date of receipt (day).Date of receipt (month).Date of receipt (year) were duly executed between the plaintiff and the defendant in the presence of witnesses, and the same were signed by both the plaintiff and the defendant.
7.That the defendant, being the owner of the property, executed the mortgage deed in favour of the plaintiff on Date of execution of mortgage deed (day).Date of execution of mortgage deed (month).Date of execution of mortgage deed (year) in the presence of two witnesses, namely Ms. First witness to mortgage deed (name) and Mr. Second witness to mortgage deed (name), wherein the defendant agreed not to sell the said property without first liquidating the debt owed to the plaintiff.
8.That the defendant received a sum of Rs. Amount received on mortgage (₹)/- from the plaintiff on account of the mortgage of the entire above-mentioned property, and the defendant acknowledged and admitted the receipt of the said amount on Date of acknowledgment of receipt (day).Date of acknowledgment of receipt (month).Date of acknowledgment of receipt (year) in the presence of two witnesses.
9.That it is pertinent to mention that the defendant failed to repay the said amount to the plaintiff within the period of three months agreed upon in the mortgage deed, and when the plaintiff demanded repayment of the said amount, the defendant sought further time to repay the same.
10.That although the plaintiff has repeatedly demanded repayment of his hard-earned money, the defendant has continually raised one excuse or another, has failed to repay the said amount, and has instead been issuing threats of dire consequences to the plaintiff.
11.That the plaintiff was taken aback when the defendant threatened to kill the plaintiff and to finish off the plaintiff's life, whereupon the plaintiff approached the local police station and lodged a complaint against the defendant.
12.That despite repeated requests made to the defendant for repayment of the loan amount, the defendant has failed to do so, and the plaintiff apprehends that the defendant is likely to sell away the mortgaged property. The plaintiff is therefore left with no option but to file the present suit for recovery of Rs.Suit amount (first digits, ₹),Suit amount (middle digits, ₹),Suit amount (last digits, ₹)/- (Rupees Suit amount in words (₹),Suit amount in words (₹, continued) Only) along with interest at 3% per month from the date of execution of the mortgage deed.
13.That the defendant thus owes a sum of Rs.Principal owed (first digits, ₹),Principal owed (middle digits, ₹),Principal owed (last digits, ₹)/- (Rupees Principal owed in words (₹),Principal owed in words (₹, continued) Only) to the plaintiff towards the principal amount alone; in addition, the defendant is liable to pay overdue interest on the aforesaid principal amount at 3% per month, as provided in the mortgage deed dated Date of mortgage deed (day).Date of mortgage deed (month).Date of mortgage deed (year).
14.That the claim made in the present suit falls squarely within the ambit of Order Order number in CPC of the Code of Civil Procedure, 1908, and no amount which does not fall within the said provision has been claimed in the present suit.
15.That the cause of action first arose in favour of the plaintiff against the defendant on Date loan was advanced (day).Date loan was advanced (month).Date loan was advanced (year), when the defendant approached the plaintiff for a loan and the plaintiff advanced a loan of Rs.Loan amount advanced (in lakhs) Lakhs to the defendant. The cause of action further arose when the defendant executed the mortgage deed and receipt in favour of the plaintiff on Date of execution of mortgage deed and receipt (day).Date of execution of mortgage deed and receipt (day).Date of execution of mortgage deed and receipt (day). It further arose when the plaintiff demanded repayment of the loan amount from the defendant, and it arose again on Date of police complaint (day).Date of police complaint (month).Date of police complaint (year), when the plaintiff lodged a police complaint against the defendant. The cause of action is a continuing one and still subsists, as the defendant has not yet made payment of the debt to the plaintiff.
16.That the present suit is within the period of limitation.
17.That the plaintiff and the defendant both reside at Locality of residence of parties. The substantial cause of action has arisen within the jurisdiction of this Hon'ble Court, as the relevant transactions were executed at the residence of the defendant. The present suit therefore falls within the pecuniary and territorial jurisdiction of this Hon'ble Court, and this Hon'ble Court has both territorial and pecuniary jurisdiction to try and decree the suit.
18.That the value of the suit for the purposes of court fees and jurisdiction is Rs.Suit value for court fees (in lakhs) Lakhs, on which ad valorem court fee has been paid on the plaint.
19.That no relief which does not fall within the ambit of Order 37 of the Code of Civil Procedure has been claimed in the present suit.
20.That the deponent believes that the defendant has no defence to the present suit.
DEPONENT
VERIFICATION :-
Verified at Place of verification on this Date of verification (day, month and year) that the contents of the paragraphs of the above affidavit are true and correct to my knowledge, that no part of them is false, and that nothing material has been concealed therefrom.
DEPONENT