Suit on Confirmed Accounts/Acknowledged Debt

Updated at:March 2010
 
FREE EXCERPT

IN THE COURT OF...............AT.........

SUIT NO.........OF 20.......

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

A.B....Plaintiff

Versus

C.D....Defendant

THE PLAINTIFF ABOVE NAMED STATES AS UNDER:

  1. The plaintiff is................... The plaintiff is carrying on business at............ The defendant is carrying on business at............

  2. By a written acknowledgement of liability-cum-promise to pay, the defendant agreed to pay a sum of Rs........ to the plaintiff as set out therein. Hereto annexed and marked Exhibit "A'' is a copy of the said acknowledgement-cum-promise to pay off the abovereferred amount executed by the defendant in favour of the plaintiff. The defendant executed the said acknowledgement and made the said promise as a result of accounts stated in writing consequent upon settlement of accounts existing between the parties. The said liability arises out of commercial transactions between the parties.

  3. By the said written acknowledgment, the defendant also agreed to pay interest on the principal amount of Rs......... at the rate of.........% per annum from the date of the acknowledgement till payment. The defendant has failed and neglected to pay the said amount or any part thereof. The plaintiff seeks to recover the entire amount due and payable by the defendant to the plaintiff under the writing/written acknowledgment - Exhibit "A" hereto along with interest.

  4. The plaintiff states that by his Advocate''s letter dated........., the plaintiff called upon the defendant to pay the said sum of Rs.......... with interest. Hereto annexed and marked Exhibit ''..........'' is a copy of the said letter dated........... from the advocate for the plaintiff to the defendant. Hereto annexed and marked Ex. ''..........'' is a copy of letter received from the defendant.

  5. In the aforesaid circumstances a sum of Rs........ is due and payable by the defendant to the plaintiff up to date of filing of the suit as per particulars of claim hereto annexed and marked Ex. ''..........'' The defendant is liable to pay further interest at the rate of......% or at such other rate as this Hon''ble Court may deem fit and proper on Rs.......... from the date of filing of the suit till passing of the decree and at the rate of.......% or at such other rate as this Hon''ble Court may deem fit and proper on Rs......... from the date of filing of the suit till passing of the decree and at the rate of............% p.a. on Rs...

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