Individual debts not recoverable (sue in which act or code?)
This query is : Resolved
Jaswinder singh
(Querist)
19 November 2019
Sir/madam
An individual person being a financial or operational creditor give loan or trade activity with an individual which was not recoverable after due notices and now, Can financial/operational creditor sue his case under which case or code?
An individual person being a financial or operational creditor give loan or trade activity with an individual which was not recoverable after due notices and now, Can financial/operational creditor sue his case under which case or code?
CA R SEETHARAMAN
(Expert)
20 November 2019
Summary suit or summary procedure is given in Order 37 of Code of Civil Procedure, 1908 (hereinafter referred as CPC, 1908) whose object is to summarize the procedure of suit in case the defendant is not having any defence.
Application and Scope
This order is applicable to
All the suits upon bills of exchange, hundies, and promissory notes.
The suits wherein the plaintiff seeks to recover a debt payable by the defendant, arising either on a written contract or on an enactment where the sum sought to be recovered is fixed or on a guarantee where the claim against the principal is in respect of a debt.
A suit can be instituted under this order in High Court, City Civil Court, Court of Small Causes or any other Court notified by the High Court.
Summary suit or summary procedure is given in Order 37 of Code of Civil Procedure, 1908 (hereinafter referred as CPC, 1908) whose object is to summarize the procedure of suit in case the defendant is not having any defence.
Application and Scope
This order is applicable to
All the suits upon bills of exchange, hundies, and promissory notes.
The suits wherein the plaintiff seeks to recover a debt payable by the defendant, arising either on a written contract or on an enactment where the sum sought to be recovered is fixed or on a guarantee where the claim against the principal is in respect of a debt.
A suit can be instituted under this order in High Court, City Civil Court, Court of Small Causes or any other Court notified by the High Court.
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