Suit for Recovery of Price of the Goods Sold and Delivered

Updated at:March 2010
 
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IN THE COURT OF.................

SUMMARY SUIT NO.......... 20....

(Under Order XXXVII of the Code of Civil Procedure, 1908)

A.B.... Plaintiff

Versus

C.D....Defendant

THE PLAINTIFF ABOVENAMED STATES AS FOLLOWS:

  1. The plaintiff carries on business as manufacturer and supplier of textile goods. The defendant carries on business as dealer in textile goods.

  2. By a written contract/purchaser order dated............, the defendant agreed to purchase from the plaintiff and the plaintiff agreed to sell to the defendant textile goods described therein, at the rate and on the terms and conditions set out therein. Briefly stated, the relevant particulars of the said contract, are as under:-

    .......................................

    .......................................

    Hereto annexed and marked Exhibit ''A'' is a copy of the said Purchase Order/Contract dated..........

  3. In pursuance of the said written contract/purchase order, the plaintiff sold and delivered the above referred goods to the defendant as evidence by the acknowledgment of the defendant on the delivery challan dated.......... bearing the endorsement of the defendant in token of having received the said goods. Hereto annexed and marked Exhibit "B" is a copy of the said delivery challan.

  4. On..............., the plaintiff submitted his invoice no...........dated...........to the defendant for Rs.......... covering the value of the said goods. The defendant received and accepted the said invoice. The defendant however failed and neglected to pay the amount payable by the defendant or any part thereof. The said invoice stipulated that the amount thereof was payable within............ from the date thereof and for delayed payment, interest at............ percent per annum will be charged. The defendant is liable to pay the amount of the said invoice to the plaintiff for price of the said goods sold and delivered under written contract/purchase order as aforesaid along with interest thereon at the rate of.............. per annum, being the agreed rate/reasonable rate of interest under the Sale of Goods Act, 1930/being the rate of interest as stipulated in the said invoice.

  5. By his Advocate''s letter dated............., the plaintiff called upon the defendant to pay the aforesaid amount to the plaintiff immediately on receipt of the said letter. By his advocate''s letter dated........... the defendant has raised false and frivolvous contentions for the first time. By the said letter, the...

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