Suit For Recovery Of Money For Goods Sold

Suggest Format of "Suit For Recovery Of Money For Goods Sold"​

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BEFORE THE HON’BLE JMFC/CITY CIVIL COURT

_____________AT _______________, MUMBAI

Suit no.______ of 20_____

 

Mr. ABC S/o DEF                     )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )

….…………Plaintiff

            Versus

 

Mr. XXX S/o YYY                      )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )

…………Defendants

 

 MAY IT PLEASE YOU HONOUR;

The Plaintiff abovenamed begs to states as follows;

  1. That the Plaintiff is the owner of Fancy Dress Stores, carrying on the business of sale of cloth at ……………….
  2. That the defendant purchased on credit cloth worth Rs………… on…….. ……….. saying that he wanted the cloth in connection with the marriage of his daughter. He promised to pay the price of the cloth within six months from the date of the purchase with interest at Rs……………. Per cent. Per mensum.
  3. That the sale was duly entered in the account books of the Plaintiff and the amount was debited in the ledger book of the Plaintiff against the Defendant; where the Defendant affixed his signature in acknowledgement of the correctness of the entry. A true copy of the extract of the ledger book is annexed herewith.
  4. That the Defendant has not paid the amount of Rs……………… the price of cloth purchased by him even though the stipulated period of six months has elapsed.
  5. That the Plaintiff sent a notice dated ……………… per registered post with acknowledgement due to the Defendant on …………….. , but the Defendant has filed to pay the amount so far. Hence this suit.
  6. That the Plaintiff is entitled to recover from the Defendant and the Defendant is liable to pay the Plaintiff a sum of Rs……………. As the price of cloth purchased on……………, and Rs………….., as interest thereon at the agreed rate upto the date of the institution of this suit, total Rs………….. and also pendent lite and further interest.
  7. That the cause of action arose on…………………., the date on which the stipulated period of six months expired within the jurisdiction of this Court which has jurisdiction to try the suit.
  8. That the valuation of the suit for the purposes of jurisdiction and court-fee is Rs………., on which ad valorem court-fee has been paid.

The Plaintiff, therefore, claims the following reliefs:

  • A decree for Rs…………….., with pendent lite and further interest may kindly be passed against the defendant, and in favour of the Plaintiff.
  • Costs of suit may be awarded to the Plaintiff.
  • Any other relief that this Court may deem just and proper.

                     

Plaintiff.

Advocate of the Plaintiff

 

V E R I F I C A T I O N

   I, …………………….., of Mumbai, Hindu, Indian Inhabitant, the Petitioner abovenamed, do hereby solemnly declare that what is stated in Paragraphs ..….. to…….. of the fore going petition is true to my own knowledge.

 

Solemnly declared at Mumbai           )

Dated this       day of               , 20___)

  , 20                                                     )      

Plaintiff

 

Interpreted & Explained by me

 

Advocate for Plaintiff