Format of Plaint
This article provides the Format of Plaint. The rules that apply to the plaint, in general, are referred to as general rules of plaint and rules which are specific to the drafting of the plaint are referred to as specific rules of the plaint.
This article provides the Format of Plaint. The rules that apply to the plaint, in general, are referred to as general rules of plaint and rules which are specific to the drafting of the plaint are referred to as specific rules of the plaint.
Facts
- Janardhana Naidu, S/o. Krishnaiah residing at D.No. 249, Netaji Road, Tirupati, borrowed Rs. 25,000 agreeing to pay 24% on 26th Feb 2008 from G. Srinivasa Yadav, S/o. Ramaiah at D.No. 247, Netaji Road and executed a promissory note. The promissory note was scribed by K. Venkatasubbaiah a document writer in Tirupati and attested by K. Damodhar Reddy and M. Subramanyam Naidu.
- Srinivasa Yadav made demands for the Repayment of the loan and also caused a lawyer to notice dated 04.01.2011 to be sent to S. Janardhana Naidu.
- Janardhana Naidu who received the notice on 27.01.2011 neither paid the amount nor did he respond to the notice on 20th February 2011. G. Srinivasa Yadav filed a suit for the recovery of the debt.
Draft the Plaint
Plaint
In the Court of (Name of the Court), Tirupati
Suit No. (insert number)
G. Srinivasa Yadav,
S/o. Ramaiah, aged 45 years, Hindu, residing at D.No. 247, Netaji Road, Tirupati....... Plaintiff
Versus
S. Janardhana Naidu,
S/o. Krishnaiah, aged 40 years, Hindu, residing at D.No. 249, Netaji Road, Tirupati......Defendant
The plaintiff abovenamed humbly states as under:
(1) That the plaintiff is the holder of a promissory note executed by the defendant for a sum of Rs. 25,000 (Rupees Twenty-Five Thousand Only) dated 26th Feb 2008, which was scribed by K. Venkatasubbaiah, a document writer in Tirupati and attested by K. Damodhar Reddy and M. Subramanyam Naidu.
(2) The defendant agreed to pay interest at the rate of 24% per annum on the said amount, which has not been paid till date despite repeated demands.
(3) On 4th January 2011, a notice was sent by the Plaintiff's lawyer to the Defendant, requesting payment of the outstanding debt, but the defendant failed to pay the amount or respond to the notice.
(4) The Plaintiff claims the principal amount of Rs. 25,000 plus interest at the rate of 24% per annum from 26th February 2008 to the date of payment, as well as any other costs and expenses incurred in connection with this suit.
(5) The cause of action for the suit arose on 26th Feb 2008 in Tripura where the defendant executed the promissory note, and also the plaintiff served the notice to the defendant.
(6) The plaintiff values the suit for the purpose of jurisdiction and court fee at Rs. 25,000 (Rupees Twenty-Five Thousand Only) together with interest at the rate of 24% per annum from the date of the notice till the date of realisation.
(7) The Plaintiff, therefore, prays:
In the light of the foregoing, it is respectfully prayed that this Hon'ble Court may be pleased to:
a. Pass a decree against the defendant for a sum of Rs. 25,000 (Rupees Twenty-Five Thousand Only) together with interest at the rate of 24% per annum from the date of the notice till the date of realisation;
b. Direct the defendant to pay the costs of the suit; and
c. Grant such other and further relief as this Hon'ble Court deems fit and proper in the circumstances of the case.
Dated at ………………… this……………… day of June, 20………………..
____________________
Plaintiff
_____________________
Plaintiff's Advocate
Verification
I, G. Srinivasa Yadav, the plaintiff above do solemnly declare that what is stated in Paras 1 to 4 is true to my knowledge and that what is stated in the remaining paras is stated on the information received by me and I believe it to be true.
......................
Plaintiff
List of the documents filed
- Documents: original promissory note executed by the defendant.
- Special plaints in suits by a licensor against his licence by notice as per the licence agreement.
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