Recovery of money- A brief action or summary procedure is contained in Ordinance 37 of the Civil Procedure Code, 1908 (hereinafter referred to as the “CPC”), whose purpose is to summarize the proceedings in the absence of a defendant’s defence.
This applies to
1. All suits on bills of exchange, hundies, and promissory notes.
2. Claims in which the plaintiff seeks to recover a debt paid to the defendant shall be established each on the basis of a written contract or legislation.
An action under this Order can be file with the Supreme Court, the City Civil Court, the Small Court, or any other court as notified by the Supreme Court.
Submit a fee which must include the determination as to whether the lawsuit is filed under this Order, and that no remedy has been claimed under any other laws .
The complaint shall be in Form 4 of Appendix B or in any other form which may, from time to time, be prescribed in this regard.
The defendant shall not defend the case referred to in sub-rule (1) unless it appears in his complaint.
The interest rate at the specified rate, if any, up to the date of the issuance of the decree and the number of costs that may be determined by the Supreme Court from time to time by the rules issued in this name, and this decree may be implemented immediately.
Brief Actions
The Court and the categories of claims to which the Order applies.
This Order applies to the following courts, ie
Other courts: produced that in respect of the courts referred to in subparagraph (b), the Supreme Court may,
Subject to the provisions of sub-rules (1), the following categories of claims shall apply:
Litigation in which the plaintiff seeks only to recover a debt or request a liquidator of the funds paid to the defendant, with or without interest, arising.
(i) in a written contract, or
(ii) In the case of enactment, if the amount to be recovered is a fixed amount of money or in the nature of the debt other than the penalty: or
(iii) On guarantee, if the claim against the Director relates only to a debt or a liquidator’s request.
If the contract or agreement is not in writing, a simple civil action will be filed on the basis of the truths and circumstances of the cases.
The Supreme Court determines the financial limit of the District Court. In the case of Delhi, the financial limits of the District Court were 20 lakh which were increased after the amendment to Rs 2 crore.
High Court
The original financial jurisdiction of the Supreme Court is lawsuits where the value of the matter in question is more than two crores.
Objection to Pecuniary Jurisdiction
The financial jurisdiction shall be determined by the value of the case determined by the claimant. If there is an objection to the financial jurisdiction of the Court, the Court of First Instance will investigate the matter and issue an appropriate order.
Money Recovery
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The procedure for money recovery
The civil remedy for recovery of money is by way of institution of a suit in a court of appropriate jurisdiction. The suit can be instituted under Order IV of the Code of Civil Procedure 1908 (CPC).
JURISDICTION:
Suit can be instituted at the place where:
the Defendant resides; or
place where he carries on business or personally works for gain; or
the cause of action wholly or partly arises.
After determining this territorial jurisdiction, the pecuniary jurisdiction is required to be determined. The value of the suit has to be considered for this purpose. Based on the value the suit can be filed either in the District Court or the High Court.
LIMITATION:
The suit can be filed within 3 years from the date of cause of action having arisen. The said period of limitation cannot be condoned.
PROCEEDINGS AFTER INSTITUTION:
EXECUTION OF THE DECREE:
Decrees can be executed by way of an Execution Application filed in the jurisdiction of the place where the assets of the Defendant/s are situated. In case of non-satisfaction of decree the code also provides for imprisonment for the Defendant/s.
