Civil suits and plaints

Application under Order XII Rule 6 CPC for judgment on admissions in recovery suit

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Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.

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IN THE COURT OF Name of the court

CS SCJ NO. Suit number OF 2023

IN THE MATTER OF:

Plaintiff's name: PLAINTIFF

VERSUS

Defendant's name: DEFENDANT

N.D.O.H.: Next date of hearing (day).Next date of hearing (month).2024

APPLICATION ON BEHALF OF THE PLAINTIFF AGAINST THE DEFENDANT UNDER ORDER XII RULE 6 READ WITH SECTION 151 C.P.C.

MOST RESPECTFULLY SHOWETH:

1.That the plaintiff instituted a suit before this Hon'ble Court for recovery of a sum of ₹ Suit recovery amount (₹)/- (Suit recovery amount in words) along with pendentelite and future interest.

2.That the defendant filed his written statement. On a perusal of the written statement, it is found that it contains admissions of facts, namely, that the answering defendant, later in the month of Month of cash payment, paid an amount of ₹ Cash payment amount (₹)/- in cash to the plaintiff at

3.Place of cash payment, Sector-Place of cash payment sector number, and asked the plaintiff to return the cheque so that the balance amount of ₹ Balance amount (₹)/- could be paid to him through Mode of balance payment. The written statement does not contain specific denials. Moreover, the denials, wherever made, are evasive. In fact, there is no specific denial, expressly or by necessary implication, of any of the facts which entitle the plaintiff to a decree for recovery of ₹ Recovery amount (₹ lakh)/- lakh.

4.That the plaintiff has placed on record, inter alia, the following documents:

(i)Cheque bearing No. Cheque number dated Cheque date.

(ii)Returning memo dated Returning memo date and Returning memo second date.

(iii)Copy of pass book.

(iv)Police complaint dated Police complaint date.

5.That it is evident that no material fact urged by the plaintiff has been disputed, and that the suit deserves to be decreed on the admissions made by the defendant in his written statement.

6.That the defendant has admitted, clearly, comprehensively, unequivocally and unconditionally, the facts stated in paragraphs 6, 8, 12, 13 and 14 of the para-wise reply of his written statement, which read as under:

Para 6: That the contents of paragraph No. 6 of the plaint are wrong and denied. It is submitted that the defendant did not wish to have any litigation with respect to the said deal; hence, the answering defendant issued a blank cheque as security for refund of the amount of ₹ Refund amount secured by cheque (₹)/- so that the defendant could arrange the money to be paid back to the plaintiff. It is further submitted that the answering defendant, later in the month of Month of cash payment Year of cash payment, paid an amount of ₹ Cash payment amount (₹)/- in cash to the plaintiff at Place of cash payment, Place of cash payment locality, Sector-Place of cash payment sector number, and asked the plaintiff to return the cheque so that the balance amount of ₹ Balance amount (₹)/- could be paid to him through Mode of balance payment. It is submitted that the plaintiff began making excuses, stating that the cheque had been misplaced by him, and asked the answering defendant to pay the balance amount of ₹ Balance amount (₹)/- forthwith. The defendant asked the plaintiff to give an undertaking regarding receipt of ₹ Amount received in cash (₹)/- and that he would not misuse the cheque if found at a later stage, and also to give a receipt towards the balance amount of ₹ Balance amount (₹)/-, which the defendant was ready to pay then and there. However, the plaintiff asked the defendant to give him some time to search for the cheque and to come back with the undertaking in case the cheque was not found. It is submitted that the plaintiff, instead of giving the undertaking, presented the blank cheque to the bank without informing the defendant, which came as a shock to the defendant. The defendant asked the plaintiff why he had presented the cheque to the bank when it was agreed that the plaintiff would give an undertaking to return the cheque, to which the plaintiff did not give a satisfactory reply and filed the present suit on false and fabricated grounds.

Para 8: That the contents of paragraph No. 7 of the plaint are wrong and denied. It is denied that the defendant dishonestly and fraudulently issued the aforementioned cheque in favour of the plaintiff. It is submitted that the defendant issued a blank cheque as security for refund of the amount of ₹ Refund amount secured by cheque (₹)/- so that the defendant could arrange the money to be paid back to the plaintiff. It is further submitted that the answering defendant, later in the month of Month of cash payment Year of cash payment, paid an amount of ₹ Cash payment amount (₹)/- in cash to the plaintiff at Place of cash payment and asked the plaintiff to return the cheque so that the balance amount of ₹ Balance amount (₹)/- could be paid to him through RTGS. It is submitted that the plaintiff began making excuses, stating that the cheque had been misplaced by him, and asked the answering defendant to pay the balance amount of ₹ Balance amount (₹)/- forthwith. The defendant asked the plaintiff to give an undertaking regarding receipt of ₹ Amount received in cash (₹)/- and that he would not misuse the cheque if found at a later stage, and also to give a receipt towards the balance amount of ₹ Balance amount (₹)/-, which the defendant was ready to pay then and there. However, the plaintiff asked the defendant to give him some time to search for the cheque and to come back with the undertaking in case the cheque was not found. It is submitted that the plaintiff, instead of giving the undertaking, presented the blank cheque to the bank without informing the defendant, which came as a shock to the defendant.

Para 9: That the contents of paragraph No. 9 of the plaint are wrong and denied. It is the plaintiff who cheated the defendant by presenting the blank cheque to his bank despite receiving an amount of ₹ Amount received in cash (₹)/-, and the defendant was ready to pay the balance amount of ₹ Balance amount (₹)/- against the total amount of ₹ Total transaction amount (₹)/-.

Para 12: That the contents of paragraph No. 12 of the plaint are wrong and denied. It is the plaintiff who cheated the defendant by presenting the blank cheque to his bank despite receiving an amount of ₹ Amount received in cash (₹)/-, and the defendant was ready to pay the balance amount of ₹ Balance amount (₹)/- against the total amount of ₹ Total transaction amount (₹)/-.

Para 13: That the contents of paragraph No. 13 of the plaint are wrong and denied. It is submitted that the plaintiff has caused a breach of contract, for which the defendant has been put to loss, as the commission towards the sale of the vehicle has been deprived, and the plaintiff, despite receiving an amount of ₹ Amount received in cash (₹)/-, is claiming ₹ Cheque amount claimed (₹)/- through the cheque in question, which was given as security towards refund of ₹ Refund amount secured by cheque (₹)/-.

Para 14: That the contents of paragraph No. 14 of the plaint are wrong and denied. It is denied that the due amount of ₹ Due amount payable (₹)/- is payable by the defendant to the plaintiff along with interest till date. It is submitted that the deal between the parties was in regard to the purchase of the car by the plaintiff, and in pursuance thereof the plaintiff advanced a sum of ₹ Advance amount paid by plaintiff (₹)/-, but later backed out of the deal, thereby causing a breach of contract. It is submitted that the plaintiff, despite receiving an amount of ₹ Amount received in cash (₹)/-, is claiming ₹ Cheque amount claimed (₹)/- through the cheque in question.

7.That the defendant has admitted, clearly, comprehensively, unequivocally and unconditionally, the facts stated in paragraphs 6, 8, 12, 13 and 14 of the para-wise reply of his written statement. There is, rather, a clear admission of the contents of these paragraphs; the said fact constitutes an unequivocal admission on the part of the defendant and is a matter of record.

1.It is submitted that, as set out in the written statement of the defendant, the answering defendant, in the month of March, Year of cash payment, paid an amount of Rs. Cash payment amount (₹) in cash to the plaintiff at Place of cash payment and requested the plaintiff to return the cheque, so that the balance amount of Rs. Balance amount (₹) could be paid to him through RTGS.

2.It is well settled that where an admission of the payment of an amount of Rs. Cash payment amount (₹) in cash to the plaintiff at Place of cash payment, duly acknowledged by the defendant, is established, the Court can pass a decree in favour of the plaintiff as against the defendant. In this behalf, [Section 91](https://indiankanoon.org/doc/205529/) and [Section 92](https://indiankanoon.org/doc/1790262/) of the Indian Evidence Act, 1872 need no elaboration. The written statement thus discloses no defence, and the pleas raised therein have been set up only in an attempt to protract and delay the trial. The defendant has no defence, and the pleas set up by the defendant are illusory and moonshine.

3.It is thus clear that the plaintiff has made out a complete case and is entitled to his amount of Rs. Decreed amount claimed (₹) forthwith, and the plaintiff's case stands admitted expressly and impliedly, as stated hereinabove. The plaintiff is therefore entitled to judgment forthwith.

4.That the present application is made bona fide and is based upon the admissions contained in the written statement of the defendant.

5.That it is just and proper that, in order to save costs and the judicial time of this Hon'ble Court, the present application be considered.

PRAYER

In view of the above, the plaintiff, on the basis of the admissions aforesaid, most respectfully prays as under:

(a)Pass a decree for recovery of an amount of Rs. Decree amount claimed (₹) in favour of the plaintiff and against the defendant, in the interest of justice.

(b)Award the costs of the suit to the plaintiff; and

(c)Pass any other and further relief in favour of the plaintiff and against the defendant as this Hon'ble Court may deem fit and proper, in the interest of justice.

Place of filing (signing of pleadings)PLAINTIFF

THROUGH

DATED:

Date of application

ADVOCATES

Office: Advocate's office address

Mob. No. Advocate's mobile number

Email: Advocate's email address

IN THE COURT OF Court name and designation of the Presiding Officer

CS SCJ NO. Suit number OF Year of filing of the suit

IN THE MATTER OF:

Plaintiff's name: PLAINTIFF

VERSUS

Defendant's name: DEFENDANT

AFFIDAVIT

Affidavit of Sh. Deponent's name, aged about Deponent's age years, S/o Sh. Deponent's father's name, resident of Deponent's address, who do hereby solemnly affirm and declare as under:

1.That I am the plaintiff in the above-noted case; I am fully conversant with the facts and circumstances of the case and am competent to swear this affidavit.

2.That the accompanying application under Order XII Rule 6 read with Section 151 of the C.P.C. has been drafted by my counsel on my instructions, and its contents have been explained to me in vernacular. The facts stated therein are true and correct to my knowledge and belief, and the same may be read as part and parcel of the present affidavit, as they are not repeated here for the sake of brevity.

DEPONENT

VERIFICATION

Verified at Place of verification on this Date of verification (day) day of Month of verification, Year of verification, that the contents of the above affidavit are true and correct to my knowledge, that no part of it is false and that nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF Name of the court

CS SCJ NO. Suit number OF 2023

IN THE MATTER OF:

Plaintiff's name: PLAINTIFF

VERSUS

Defendant's name: DEFENDANT

N.D.O.H.: Next date of hearing (day).Next date of hearing (month).2024

APPLICATION ON BEHALF OF THE PLAINTIFF AGAINST THE DEFENDANT UNDER ORDER XII RULE 6 READ WITH SECTION 151 C.P.C.

MOST RESPECTFULLY SHOWETH:

1.That the plaintiff instituted a suit before this Hon'ble Court for recovery of a sum of ₹ Suit recovery amount (₹)/- (Suit recovery amount in words) along with pendentelite and future interest.

4.That the plaintiff has placed on record, inter alia, the following documents:

(i)Cheque bearing No. Cheque number dated Cheque date.

(ii)Returning memo dated Returning memo date and Returning memo second date.

(iii)Copy of pass book.

(iv)Police complaint dated Police complaint date.

5.That it is evident that no material fact urged by the plaintiff has been disputed, and that the suit deserves to be decreed on the admissions made by the defendant in his written statement.

4.That the present application is made bona fide and is based upon the admissions contained in the written statement of the defendant.

5.That it is just and proper that, in order to save costs and the judicial time of this Hon'ble Court, the present application be considered.

PRAYER

In view of the above, the plaintiff, on the basis of the admissions aforesaid, most respectfully prays as under:

(a)Pass a decree for recovery of an amount of Rs. Decree amount claimed (₹) in favour of the plaintiff and against the defendant, in the interest of justice.

(b)Award the costs of the suit to the plaintiff; and

(c)Pass any other and further relief in favour of the plaintiff and against the defendant as this Hon'ble Court may deem fit and proper, in the interest of justice.

Place of filing (signing of pleadings)PLAINTIFF

THROUGH

DATED:

Date of application

ADVOCATES

Office: Advocate's office address

Mob. No. Advocate's mobile number

Email: Advocate's email address

IN THE COURT OF Court name and designation of the Presiding Officer

CS SCJ NO. Suit number OF Year of filing of the suit

IN THE MATTER OF:

Plaintiff's name: PLAINTIFF

VERSUS

Defendant's name: DEFENDANT

AFFIDAVIT

Affidavit of Sh. Deponent's name, aged about Deponent's age years, S/o Sh. Deponent's father's name, resident of Deponent's address, who do hereby solemnly affirm and declare as under:

1.That I am the plaintiff in the above-noted case; I am fully conversant with the facts and circumstances of the case and am competent to swear this affidavit.

DEPONENT

VERIFICATION

DEPONENT

1 / 1

All templates

IN THE COURT OF SH. Name of District Judge, LD. DISTRICT JUDGE (COMMERCIAL COURT), Court district number DIST., Court complex name COURT, DELHI.

CS COMM. NO. Commercial suit number OF 20Suit year.

IN THE MATTER OF:

Plaintiff's name: PLAINTIFF

VERSUS

First defendant company name prefix FINANCIAL SERVICES (INDIA) LTD. & ORS.: DEFENDANTS

N.D.O.H.: Next date of hearing

INDEX

S. NO.	PARTICULARS	PAGE NO
1	APPLICATION FOR AND ON BEHALF OF THE APPLICANT / DEFENDANT NO. 1(ii) AND 3 UNDER ORDER 1 RULE 10(2) R/W SECTION 151 OF CPC FOR DELETION OF THE NAMES OF DEFENDANT NO. 1(ii) AND 3 FROM THE ARRAY OF PARTIES, ALONG WITH AFFIDAVITS.
2	COPY OF SETTLEMENT AGREEMENT BETWEEN THE PLAINTIFF AND THE DEFENDANTS.

APPLICANT/DEFENDANT NO. 3, DELHI

DATEDTHROUGH

Advocate's name

(ADVOCATE)

Civil suits and plaints

Application under Order 1 Rule 10(2) CPC for deletion of Defendants 1(ii) and 3 from array of parties

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.

Civil suits and plaints

Application under Order 37 Rule 3(4) CPC for summons for judgment in summary suit

IN THE COURT OF Name and place of the commercial court

COMMERCIAL SUIT NO. Suit number OF Suit year

(UNDER ORDER Order number of CPC OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

Plaintiff firm's name

THROUGH ITS PROPRIETOR

Plaintiff proprietor's name... PLAINTIFF

VERSUS

Defendant firm's name

THROUGH ITS PROPRIETOR Defendant proprietor's name… DEFENDANT

INDEX

S. NO.	PARTICULARS	PAGE NO.
1.	MEMO OF PARTIES
2.	COMMERCIAL CIVIL SUIT UNDER ORDER Order number of CPC OF THE CODE OF CIVIL PROCEDURE, 1908 FOR RECOVERY OF RS. Suit recovery amount (₹) PENDENTE LITE AND FUTURE INTEREST
3.	STATEMENT OF TRUTH
4.	LIST OF RELIANCE
5.	LIST OF DOCUMENTS
6.	VAKALATNAMA

DelhiPLAINTIFF

DateThrough,

COUNSEL

Plaintiff's counsel firm name & ASSOCIATES

Office No.: Counsel's office number

Civil suits and plaints

Commercial suit under Order XXXVII CPC for recovery of money with index, memo of parties and statement of truth

IN THE COURT OF SH. Judge's name (first part)..Judge's name (second part).., Ld. Senior Civil Judge, District Central, Tis Hazari Courts, Delhi.

CIVIL SUIT NO. Civil suit number OF 2022

IN THE MATTER OF :-

x.: PLAINTIFF

VERSUS

Defendant's name.: DEFENDANT

N.D.O.H.: …...08.2024

EVIDENCE BY WAY OF AFFIDAVIT OF THE PLAINTIFF (PW-1)

AFFIDAVIT OF Deponent's name, DIRECTOR OF Plaintiff company's name, WHO HEREBY SOLEMNLY AFFIRMS AND DECLARES AS UNDER:-

1.That I am the Authorized Representative / Director of the Plaintiff Company in the above-mentioned case; I am well conversant with the facts of the case and am competent to swear the present affidavit.

2.I state that the Deponent is a private limited company duly incorporated under the Companies Act, 1956, and is engaged in the business of dealing in pumps, motors, transformers and various other equipment. The Deponent Company is highly reputed and experienced in its field of business and caters to clients at the national level. The Deponent Company in the captioned case is duly represented through and by its authorized representative and signatory, namely Sh. Authorized representative's name, who is authorized to represent the Deponent Company vide a board resolution dated Date of board resolution, and who is also a Director of the Deponent Company. The board resolution dated Date of board resolution is Ex.PW1/1.

Civil suits and plaints

Related templates

Application under Order 1 Rule 10(2) CPC for deletion of Defendants 1(ii) and 3 from array of parties

Application under Order 37 Rule 3(4) CPC for summons for judgment in summary suit

Commercial suit under Order XXXVII CPC for recovery of money with index, memo of parties and statement of truth

Evidence affidavit of plaintiff (PW-1) in commercial suit for recovery