MODEL-DRAFT
PROBLEM:
Ashok advanced a sum of Rs 5,000/- to Bharat, and took a promissory note and a receipt on 2nd
January, 2006. The understanding was that Bharat should pay back the amount within one year
of the date of execution of Pronote. The rate of interest was 10% per annum. Bharat failed to pay
both principal and interest. Ashok filed a suit on 16th January 2009 for recovery of principal and
interest with costs.
IN THE COURT OF THE DISTRICT ……………
AT...
O.P. No./2009
Between:
Ashok,
S/o Varma,
Aged 32 years,
Occ Business,
R/o Sabbavaram,
Visakhapatnam.
..Plaintiff
Versus
Bharat.
S/o Jairam,
Aged 42 years,
Occ: Tailor,
R/o Gottivada,
Visakhapatnam.
…Defendant
PETITION SUBMITTED FOR THE RECOVERY OF AMOUNT OF A PROMISSORY NOTE
The above named plaintiff states as follows:
1. That the plaintiff and defendant are residing in one Basti and well acquainted with each
other’s the last fifteen years
2. That the defendant approached the plaintiff on 2nd January, 2006, and requested to lend
Rs.5000/- for the purchase of sewing machines, and agreed to pay interest 10% per
annum.
3. That the plaintiff paid Rs. 5000- to the defendant on 02-01-2006. The defendant executed
promissory note dated 2nd January, 2006 in favor of the plaintiff, agreeing to pay the
prince and interest @ 10% per annum within one year He had also issued a receipt of
money of 5,000/- dated 02-01-2006.
4. That after one year, i.e., in 2007 the plaintiff requested the defendant to repay the
principal a interest several times. Inspite of several requests and demands of the plaintiff,
the defendant remained silent, and did not pay the principal with interest.
5. That the plaintiff had sent an advocate's notice dated 15-12-2008 to the defendant
demanding pay the principal Rs 5,000-(Rs. Five thousand only) plus the interest of Rs.
1,500/- @ 10% annum from 02-01-2006 to the end of the year 2009, i e for three years.
The defendant refused to take the legal notice.
6. That the plaintiff and defendant reside in the sabbavaram village. The plaintiff lent the
money in the same village. The defendant executed the promissory note in the same
village sabbavaram. Therefore the cause of action arose within the territorial jurisdiction
of this honourable Court.
7. That the plaintiff and his advocate expected that the defendant would pay the loan
amount before its expiry date. But the defendant did not turn to pay the amount. The
advocate of the plaintiff prepared the suit on 01-01-2009. He could not file the suit on
02-01-2009, being the winter vacation started. The winter vacation ended on 15-01-
2009. The delay in filing the suit may kindly excused.
8. That the plaintiff values the suit at Rs. 6,500- for the purposes of the jurisdiction and the
court fees. The value of the subject-matter of the suit for the purpose of jurisdiction is Rs
6,500/- and for the purpose of court fee is Rs. 500/-- The court fee is paid herewith.
9. The plaintiff, therefore, prays that:
(a) the Honourable Court may be pleased to pass a decree for Rs 6.500/- (Rs 5000/-be the
principal amount and Rs. 1.500/- interest thereon from 02-01-2009 against the defendant
and in favour of the plaintiff;
(b) the defendant be ordered to pay interest @ 10% per annum on the decretal amount the
day of the institution of the suit until the satisfaction of the decretal amount
(c) the defendant may be ordered to pay the costs of the suit; and (d)
(d) To pass any orders deem fit and just in the circumstances.
Date 16-01-2009 Prayed,
Plaint drawn by
Sd/- xxx,
Plaintiff Advocate.
Verification: I Ashok . S/o Varma, the above named plaintiff do hereby declare and state that
the contents of trust the best of my own knowledge Solemnly affirmed as aforesaid at
Visakhapatnam on this the 16th day of January 2009.
Sd/- xxxx
(Ashok)
Plaintiff
Interpreted and Identified by me.
Sd/- xxxx,
Plaintiff's Advocate.
LIST OF DOCUMENTS
SI No. Description of the Document Date of the Document
1. Promissory note dated 02-01-2006 executed by
the defendant in favour of the plaintiff 02.01.2006
2. Legal notice dated 15-12-2008 issued by the
Plaintiff's Advocate to the defendant 15-12-2008
Sd . XX
(Ashok)
Plaintiff