Suit for recovery of money (ordinary, or summary under Order XXXVII)
A plaint for money lent or due, with the account, interest up to the suit and future interest; ordinary, or summary under Order XXXVII.
Opens Dastavo with this paper ready to fill, on this computer or in the app. No account needed.
iPhone and iPad: coming to the App Store · Android: coming to Google Play
Not yet reviewed by a lawyer. Check every line before it is signed.
How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF Civil Judge (Junior Division), Amarnagar
Civil Suit No. ______ of 2026
Versus
SUIT FOR RECOVERY OF ₹3,27,581
(principal ₹2,70,000 and interest ₹57,581, with interest pendente lite and future interest, and costs)
Respectfully Showeth:
1.That the defendant is known to the plaintiff; on 10-01-2025 he took a friendly loan of ₹3,00,000 from the plaintiff at Amarnagar for his business, by cheque No. 000111 drawn on Amar Bank, Amarnagar, and on the same day executed a promissory note and receipt in favour of the plaintiff, promising to repay the loan within one year with interest at 12% per annum.
2.That the account of the money between the parties stands as follows:
| Date | Particulars | Lent or due | Repaid |
|---|---|---|---|
| 10-01-2025 | Friendly loan by cheque No. 000111 | ₹3,00,000 | — |
| 15-07-2025 | Part payment by the defendant in cash | — | ₹30,000 |
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- Proof of the money: the pronote or receipt, cheques or bank-transfer records, bills or invoices, and the account (ledger)
- Any written acknowledgment or part payment by the defendant, and letters or messages about the debt
- A copy of the legal notice sent, with the postal receipts and the delivery report
- Each defendant's full name, father's or husband's name and present address, for the summons
- Your identity proof, and a vakalatnama in favour of your advocate, signed by you
Where to go
Filed through an advocate in the civil court of the place where the defendant lives or works or the cause of action arose, with the supporting affidavit; a summary suit only in a court where Order XXXVII applies.
Fee
Court fee on the amount claimed, at the rates of the state's court-fee law, as the counter assesses, and the process fee (talbana) for the summons. The advocate's fee is separate.
Good to know
- A suit for money lent or due is usually filed within three years; a written acknowledgment or part payment within that time starts a fresh period.
- If the defendant's cheque for this money bounced, a complaint under section 138 of the NI Act is a separate remedy with strict dates: see "Cheque-bounce demand notice (s.138 NI Act)".
- Read the whole paper, or have it read to you in your language, before you sign the verification and the affidavit: you swear that it is true.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Court fee on a plaint, petition or appeal depends on the relief and its valuation under the state's court-fee law; affix the court-fee stamps (or the e-court-fee receipt) and any welfare stamps as the court office directs.