Suit on Hundi

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

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

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

  1. Plaintiff

    Versus

  2. Defendants

  3. THE PLAINTIFF ABOVENAMED STATES AS FOLLOWS:

  4. The plaintiff is.........................

  5. The defendant No. 1 is............ The defendants Nos. 2 and 3 at all material times were partners of defendant No. 1

  6. On............., the defendant No. 1 through his partners-defendants Nos. 2 and 3 - duly accepted a Hundi for Rs.......... drawn by the plaintiff on defendant No. 1 for valuable consideration. As stated in the said Hundi, the defendants undertook to pay Rs........... to the plaintiff on its due date on presentation and honour the said Hundi. The said Hundi was duly handed over by the defendants to the plaintiff for valuable consideration after making endorsement of acceptance thereof as home out by the said Hundi. Hereto annexed and marked Exhibit............ is a copy of the said Hundi dated............ matured on........

  7. On............... the plaintiff presented the said Hundi to the defendants for payment. The defendants dishonoured the said Hundi without any justification. The defendants have not paid the amount of the said Hundi or any part thereof. The plaintiff has repeatedly called upon the defendants to pay the said amount but the defendants have failed and neglected to honour their commitment.

  8. In the premises, the plaintiff contacted Shri......................, a Notary Public to call upon the defendants to pay the amount of the said Hundi to the plaintiff. The defendants have nevertheless dishonoured their commitment. Hereto annexed and marked Exhibit.......... is a copy of the Notarial certificate dated................., issued by the Notary......... providing dishonour of the said Hundi.

  9. The plaintiff ultimately by his Advocate''s letter dated........... addressed to defendants Nos. 1 to 3 set out some of the above facts and called upon defendants Nos. 1 to 3 set out some of the above facts and called upon defendants Nos. 1 to 3 to pay the amount due under the said Hundi namely, Rs............. as principal and a sum of Rs.......... being interest at the rate of..........% per annum up to......... By their Advocate''s letter dated............. The defendants stated/alleged that....................... Hereto annexed and marked Ex.''..............'' is a copy of the said letter dated............ from plaintiff''s advocate to the defendant Nos. 1 to 3. Hereto...

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