Plaint Suit for Recovery of Money

IN THE COURT OF THE LEARNED CIVIL JUDGE / SENIOR CIVIL JUDGE, district

Civil Suit No. _____ of year For recovery of money with interest and costs

plaintiff_name, son/daughter of plaintiff_father, aged about plaintiff_age years, occupation: plaintiff_occupation, resident of plaintiff_address, holder of CNIC No. plaintiff_cnic ... Plaintiff

VERSUS

defendant_name, son/daughter of defendant_father, resident of defendant_address, holder of CNIC No. defendant_cnic ... Defendant

PLAINT FOR RECOVERY OF MONEY WITH INTEREST

Suit valuation for the purposes of court fee and jurisdiction: Rs. principal_amount (principal) plus Rs. interest_claimed (interest), totaling Rs. total_claim. Court fee paid: Rs. court_fee_paid affixed on the plaint.

Respectfully sheweth:

1. That the Plaintiff and the Defendant were known to each other through relationship_basis (business associate / family relation / mutual acquaintance / etc.). The Plaintiff has, at all material times, conducted himself in a fair and honest manner with the Defendant and the present cause of action arises out of the dishonesty and breach of trust on the part of the Defendant.

2. NATURE OF TRANSACTION: On transaction_date, the Defendant approached the Plaintiff with the request for a loan / advance / consideration of Rs. principal_amount, citing the urgent and bona fide need of purpose_of_loan. Acting in good faith and on the basis of the relationship between the parties, the Plaintiff agreed to advance the said sum to the Defendant on the terms and conditions described below.

3. TERMS OF AGREEMENT: The terms agreed between the parties were as follows: (a) principal sum of Rs. principal_amount to be advanced by the Plaintiff to the Defendant; (b) interest / mark-up at the rate of interest_rate per annum / per month payable on the principal; (c) repayment of principal and accrued interest on or before repayment_date; (d) repayment to be made in repayment_mode (lump sum / instalments). The terms are recorded in the agreement / receipt / promissory note dated document_date, a copy of which is annexed and marked as Exhibit P-1.

4. PAYMENT BY PLAINTIFF: On payment_date, the Plaintiff paid the entire principal sum of Rs. principal_amount to the Defendant in the manner described as follows: payment_mode (cash / bank transfer / cheque / pay order). Bank statements and receipts evidencing the payment are annexed.

5. ACKNOWLEDGEMENT BY DEFENDANT: The Defendant duly acknowledged the receipt of the principal sum from the Plaintiff by way of acknowledgement_form (written receipt / promissory note / cheque against payment / bank deposit slip / contemporaneous acknowledgement in writing). The Defendant has at no time disputed the receipt of the said sum.

6. DEFAULT BY DEFENDANT: Upon expiry of the agreed repayment date of repayment_date, the Defendant failed and neglected to pay the principal sum or any part thereof or any interest accrued thereon to the Plaintiff. Despite the Plaintiff's repeated demands, the Defendant has remained in default and continues to retain the principal sum unlawfully.

7. SPECIFIC DEMANDS: The Plaintiff has, on multiple occasions including demand_dates, demanded repayment from the Defendant in person, through respected acquaintances, and through written communication. The Defendant has either refused outright or has put forward frivolous excuses to evade repayment, with no genuine intention to repay.

8. POST-DATED CHEQUES: The Defendant issued the following post-dated cheques in favour of the Plaintiff in part-payment of the loan: cheque_details. The said cheques were presented for clearance on the respective due dates and were dishonoured by the bank for the reason dishonour_reason, attracting liability under Section 489-F of the Pakistan Penal Code 1860 in addition to the present civil claim.

9. NOTICE OF DEMAND: A formal written notice of demand was served by the Plaintiff on the Defendant through registered post on notice_date, calling upon the Defendant to pay the entire outstanding principal with interest within fifteen days, failing which legal action would be initiated. The Defendant either failed to respond or, having responded, refused to pay. notice_response.

10. INTEREST COMPUTATION: The interest accrued on the principal from transaction_date to the date of institution of the present suit, computed at the agreed rate of interest_rate, totals Rs. interest_claimed. The Plaintiff is entitled to recover the said interest as part of the suit claim, together with future interest until the date of payment.

11. NO PARTIAL PAYMENT: Save and except partial_payments_received, the Defendant has not paid any sum on account of the principal or interest. The amount as on the date of institution of the suit is Rs. principal_amount (principal) plus Rs. interest_claimed (interest), totaling Rs. total_claim.

12. PLAINTIFF'S RIGHT TO RECOVERY: The Plaintiff, having advanced the principal sum to the Defendant on agreed terms, and the Defendant having failed to repay despite the agreed repayment date having long expired, the Plaintiff is entitled to a decree for recovery of the principal sum together with interest at the agreed rate, plus costs and any future interest.

13. JURISDICTION: This Honourable Court has territorial and pecuniary jurisdiction to entertain the present suit, the cause of action having arisen wholly within the territorial limits of this Court / the Defendant ordinarily residing within these limits, and the value of the suit being within the pecuniary jurisdiction of this Court.

14. LIMITATION: The present suit is filed within the period of limitation of three years prescribed by Article 57 / 60 of the First Schedule to the Limitation Act 1908, computed from the date when the loan became due / from the date of last acknowledgement, and is otherwise within time.

15. NO PRIOR LITIGATION: There is no prior or pending litigation between the parties in respect of the same subject-matter before any other forum, save and except prior_litigation_disclosure. The Plaintiff has approached this Honourable Court with clean hands.

16. CAUSE OF ACTION: The cause of action accrued to the Plaintiff on repayment_date when the Defendant defaulted on the agreed repayment, and continues to subsist.

PRAYER

In view of the foregoing, the Plaintiff most respectfully prays that this Honourable Court, after hearing the parties and considering the evidence on record, may be pleased to:

(a) Pass a decree for recovery of the principal sum of Rs. principal_amount in favour of the Plaintiff and against the Defendant;

(b) Pass a decree for recovery of accrued interest in the sum of Rs. interest_claimed from transaction_date to the date of institution of the present suit;

(c) Award future interest at the same rate from the date of suit until actual payment;

(d) In default of payment by the Defendant, direct attachment and sale of the Defendant's movable and immovable property to recover the decretal amount;

(e) Award costs of the suit to the Plaintiff, including the cost of obtaining certified copies and serving notices; and

(f) Grant any other or further relief that this Honourable Court may consider just, fit, and proper in the facts and circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of paragraphs 1 to 16 of the above plaint are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

_____________________________ plaintiff_name Plaintiff Through: _____________________________ counsel_name Advocate