SUIT FOR MONEY RECOVERY 

IN THE COURT OF SUB-JUDGE AT …………………..

Civil Suit No.:…………../…………

(Under Order XXXVII of the Code of Civil Procedure 1908)

Date of Institution : _______ ______________

…………………………………………………………………………_________…………………Plaintiff 

Versus

……………………………………………………………………………………………………………….Defendants 

Suit for the recovery of Rs. _______________________ along with cost and interest @ ……………. pa 

Plaint under Order XXXVII of the Code of Civil Procedure 1908 as mentioned in the suit 

Respectfully Sheweth : 

1. That the present suit is being filed under the specific provisions under Order XXXVII of the Code of
Civil Procedure, 1908. 

2. That no relief, which does not fall within the ambit of this rule, has been claimed in the plaint. 

3. That the plaintiff is a _............................._. The defendant purchased ___________________cement

and sand etc. from the plaintiff. 
4. That the defendant issued the Cheque bearing No. ____________________ dated
_________________ for the sum of Rs._______________ __ drawn at bank _______________, to the
plaintiff towards the consideration of the above articles purchased from the plaintiff. 

5. That the plaintiff presented the cheque through his own bankers, ie; _........................._, but the same
was returned unpaid, on _..............................._ with the endorsement of insufficiency of funds in the
account of the defendant as per the remarks of the banker of the defendant. 

6. That other necessary particulars are as under for the convenience of this Hon'ble court:- 

(a) Date of cheque : __________________________________... 

[b] Date of presentation : __________________________ of Cheque before the Bank (within

……….months from _________________) 

[c] Date of dishonour of Cheque : ____________________________ 

[d] Date of receipt of Memo of : ___________________________ of dishonour of cheque 

[e] Date of sending of Notice : _______ (within ………… days from __) 

[f] Date of service of Notice : _______ 

[g] Date when cause of action : _______ arose (……… days after service on __) 

7. That the defendant has apparently issued the cheque without caring to ensure adequate funds and
knowing fully well with the ulterior motive to cheat the plaintiff. 

8. The memo to that effect was duly communicated to the plaintiff by its banker on
___________________. 

9. That the said cheque drawn by the defendant on an account maintained by him with the above
banker for payment of the amount of money to the plaintiff from out of that account was issued for the
discharge of the above said debt/liability. 

10. the said cheque has been returned by the bank unpaid, because of the amount of money standing to
the credit of account of the defendant is insufficient to honour the cheque or that it exceeds amount
arranged to be paid from that account by an agreement made with that bank. 

11. thecheque has been presented to the bank within a period of _______………….months from the date
on which it is drawn ie; on __________________________________. 

12. That the plaintiff in due course of the cheque, has made a demand for the payment of the said
amount of money by giving a notice in writing to the defendant within statutory period of thirty days of
the receipt of information by him from the bank regarding return of the cheque as unpaid. The said
notice was sent on the correct address of the defendant through a Registered/AD letter as well as
through UPC on __ and the said registered letter has been received back with the endorsement
"Unclaimed", as is evident from the endorsement of post office seal on the it which legally is presumed
to have been served as otherwise also the UPC has not been received back and the same has been duly
delivered to the defendant. 

13. That the defendant has failed to make the payment of the amount of money to the plaintiff in due
course of the cheque within fifteen days of the receipt of the said notice. 

14. That it is pertinent to mention here that the debt/liability, for which the cheque was issued by the
defendant to the plaintiff is a legally enforceable debt/liability. 

15. the cause of action accrued to the plaintiff on __, when the cheque was dishonoured and thereafter
on __ when the legal notice was sent to the defendant through Registered letter and UPC. 

16. That the plaintiff is permanently residing within the jurisdiction of this Hon'ble court and all the
correspondence from the defendants were received at his home address and the office/residence of the
defendant is located in the territory of this Hon'ble Court, hence this Hon'ble Court has each and every
jurisdiction to try and entertain this suit. 
17. That the value of the suit for the purposes of jurisdiction has been fixed for Rs. ___________/- and
for the purposes of recovery and correct and authorized court fee stamp of Rs.__________ __ has been
affixed on the plaint. 

18. It is, therefore, most respectfully prayed that a decree for recovery to the effect that plaintiff is
entitled to recover a sum of Rs._______________ __/- along with interest @ ______…% wef_____ __ till
the date of realisation of amount along with cost of this suit, be passed in favour of plaintiff and against
the defendants. Such other reliefs as deemed fit and proper in the facts and circumstances of the case
may also be passed in favour of the plaintiff and against the defendants in the interest of justice. 

AND FOR THIS ACT OF KINDNESS, THE HUMBLE PLAINTIFF AS IN DUTY BOUND SHALL EVER
PRAY………………………… Plaintiff 

>>>>>>>>>>>>>>>>>>>Through, Advocate 

Verification:

I, _________________________, do hereby verify that the contents of the above plaint from paras 1 to
__ are true and correct to the best of my knowledge and belief, and no part of it is false and nothing
material has been concealed therein. 

Verified at .,………………………………..this the_______. Plaintiff 

 IN THE COURT OF SUB-JUDGE AT ……………………….

Civil Suit No.;………………………………..

(Under Order XXXVII of the Code of Civil Procedure 1908)

………………………………………………………………………………………………..Plaintiff 

Versus

………………………………………………………………………….………………………..Defendants 

Affidavit in support of Plaint under Order XXXVII of the Code of Civil Procedure 1908 

I, ………………………………………………, do hereby solemnly affirm and declare as under:- 

1. That the accompanying plaint has been drafted under my instructions. 

2. That the contents of paras 1 to __________ of the accompanying plaint are correct and true to the
best of my knowledge and no part of it is false and nothing material has been concealed therein. 

3. That I further solemnly affirm and declare that the contents of this affidavit of mine are correct and
true and no part of it is false and nothing material has been concealed therefrom. 

Affirmed here at ………………………. this _______. 

 IN THE COURT OF SUB JUDGE AT
………………………..

……………………………………………………..Versus……………………………………

Suit : for Recovery 

_______________________________________________________ 

Name………………………………………………………………………………………………_

_________________ 

Address ;……
____________________________________________________.

In the above noted suit every summons, notice & other order may be served on me on the address given
above during the pendency of the suit. Change of Address will be intimated to the Court. 

Dated : _______ Sd: 

…………………………………………..Plaintiff Petitioner 

……………………………………….Defendent
Through, Advocate 

Process Fee 
 IN THE COURT SUB JUDGE AT ……………………..
…………………………………………….Versus ……………………………………….

Claim : for Recovery 

Date of Hearing :_______ 

Date _______ 

By Whom Filed_______ 

Purpose _______ 

Amount _______ 

Stamp _______ 

Plaintiff 

For service of defendants 

Advocate 

Received on _______ Court-fee stamp of the value of Rs. ____............ with ______ copy in case No.
_____ of ……………. in Re..............................Vs ………………………. 

Signature of the Head Notice Writer 

Under Order 7 Rule 13 (1) CPC 

List of Documents Filed By Plaintiff 

 IN THE COURT OF SUB JUDGE AT …………………………

…………………………………………………..Versus……………………………………………..

Date of Hearing: _______________________ 

Suit for : for Recovery 

Date of Production :_______ ____________________

S.No Details, Date What is If Documents If Rejected 

Documents Intended Filed What is Then the 

to be the Exh Marked Date of 

Proved From on it Return of 

Document Documents 

1.Original DishonouredCheque bearing No. _______________ dated ______________ to be drawn on

______________________ for a sum of Rs.___________________ __ 

2.Original Memo of Bank dt _______________________ 

3.Copy of Notice issued to the defendant dated _______________________ 

4.Original Receipts of Registry & AD. 

5. Original Receipts of UPC. 

6. __Original unclaimed Registered Letter. 

Date:_____________________

Counsel for Plaintiff/Defendant 

List of Documents Relied Upon 

Under Order 7 Rule 14 CPC Filed by : Plaintiff 

 In the Court of Sub Judge
at ..........................................................................-
Versus ………………………………………….

Suit : for Recovery Date of hearing: 

1. Have you produced any …………………………….…………….., as per list. 

documents with the plaint 

so, what are those document. 

2. Do you wish to produce any more ………………………………., if required. 

documents which are in your 

possession and custody 

if so, what are those documents. 

3. Do wish to relay upon any …………………………………….., later on 

other documents, if so in from the custody 

whose possession they are and of defendants. 

what are those documents. 

Counsel for 

Dated : ………………………………………..

No. 4 

SUMMONS IN A SUMMARY SUIT 

(O. 37, R. 2) 

--………………………………………….. Versus -……………………………………….

To: -4- 

WHEREAS -1-, has instituted a suit against you under Order 37 of the Code of Civil Procedure, 1908, for
Rs. _............................_ and interest, you are hereby summoned to cause an appearance to be entered
for you, within TEN days from the service hereof, in default whereof the plaintiff will be entitled, after
the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of
Rs. _............................._ and the sum of Rs……………………………. __ for costs, together with such interest, if
any, as the Court may order. 

If you cause an appearance to be entered for you, the plaintiff will thereafter serve upon you a
summons for judgment at the hearing of which you will be entitled to move the Court for leave to
defend the suit. Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that
there is a defence to the suit on the merits or that it is reasonable that you should be allowed to
defend. 

GIVEN under may hand and the sea] of the Court, this __ ._____________________ 

Senior Sub Judge/Sub Judge ………………………………………………………………………………………

 SUMMONS FOR JUDGMENT IN A SUMMARY SUIT

(O. 37, R. 3)

--……………………………….. Versus -………………………………………-

In the Court of __Senior Sub-Judge/Sub-Judge at ……………………,

Suit No. of ……..……../…………………..

…………………………………………………………………………………………………………….Plaintiff 

Versus

- 
……………………………………………………………………………………………………………Defendant 

Upon reading the affidavit of the plaintiff the Court makes the following order, namely. - 

Let all parties concerned attend the Court or Judge, as the case may be, on the day _......_ of …..__ /…..
at ………………….………..'clock in the Morning on the hearing of the application of the plaintiff that he be at
liberty to obtain judgment in this suit against the defendant (or if against one or some or several, insert
names) for Rs. …………………..__ and for interest and costs. 

Dated;………….………………/………………………..