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    In The Court of Civil Judge Junior Division at Dehradun in The Matter of

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    Raghuvansh Mishra
    Ms. Shubhangwati Dutt paid Mr. Suresh Sen Rs. 3 lakhs as an advance for the purchase of a property in Dehradun. However, when Ms. Dutt applied for a loan from SBI to pay the remaining amount, the bank found the property was not actually worth the claimed value. Ms. Dutt now refuses to purchase the property and demands the return of the Rs. 3 lakhs advance paid to Mr. Sen. Mr. Sen refuses to return the money. Ms. Dutt has filed this suit in court under Order XXXVII of the Code of Civil Procedure to recover the Rs. 3 lakhs from Mr. Sen.

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    In The Court of Civil Judge Junior Division at Dehradun in The Matter of

    Uploaded by

    Raghuvansh Mishra
    66 views2 pages
    Ms. Shubhangwati Dutt paid Mr. Suresh Sen Rs. 3 lakhs as an advance for the purchase of a property in Dehradun. However, when Ms. Dutt applied for a loan from SBI to pay the remaining amount, the bank found the property was not actually worth the claimed value. Ms. Dutt now refuses to purchase the property and demands the return of the Rs. 3 lakhs advance paid to Mr. Sen. Mr. Sen refuses to return the money. Ms. Dutt has filed this suit in court under Order XXXVII of the Code of Civil Procedure to recover the Rs. 3 lakhs from Mr. Sen.

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    Ms. Shubhangwati Dutt paid Mr. Suresh Sen Rs. 3 lakhs as an advance for the purchase of a property in Dehradun. However, when Ms. Dutt applied for a loan from SBI to pay the remaining amount, the bank found the property was not actually worth the claimed value. Ms. Dutt now refuses to purchase the property and demands the return of the Rs. 3 lakhs advance paid to Mr. Sen. Mr. Sen refuses to return the money. Ms. Dutt has filed this suit in court under Order XXXVII of the Code of Civil Procedure to recover the Rs. 3 lakhs from Mr. Sen.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    66 views2 pages

    In The Court of Civil Judge Junior Division at Dehradun in The Matter of

    Uploaded by

    Raghuvansh Mishra
    Ms. Shubhangwati Dutt paid Mr. Suresh Sen Rs. 3 lakhs as an advance for the purchase of a property in Dehradun. However, when Ms. Dutt applied for a loan from SBI to pay the remaining amount, the bank found the property was not actually worth the claimed value. Ms. Dutt now refuses to purchase the property and demands the return of the Rs. 3 lakhs advance paid to Mr. Sen. Mr. Sen refuses to return the money. Ms. Dutt has filed this suit in court under Order XXXVII of the Code of Civil Procedure to recover the Rs. 3 lakhs from Mr. Sen.

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    In the Court of Civil Judge Junior Division at Dehradun

    In the matter of:


    (SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

    IN THE MATTER OF:

    MS. SHUBHANGWATI DUTT, 30 d/o MR. RAKESH DUTT, 68 r/o 976 PREM NAGAR , DEHRADUN,
    UTTARAKHAND

    ……….. PLAINTIFF

    VERSUS

    MR. SURESH SEN, 34 s/o MR. JAYANT SEN, 77 r/o 459 AWADHPURI BHOPAL, MADHYA PRADESH

    ……….. DEFENDANT

    Suit for recovery of RS. 300,000/- (THREE LAKHS ONLY)


    UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE,
    1908

    MOST RESPECTFULLY SHOWETH:

    1. MS. SHUBHANGWATI DUTT wanted to purchase a property situated at Silver Heights ,


    Dehradun, Uttarakhand wanted to purchase a property which was currently owned by MR.
    SURESH SEN, who lives in Bhopal Madhya Pradesh .
    2. On 10th march 2019 it was promised to ms. Shubhangwati that the property will be
    transferred on her name i.e., “ SILVER HEIGHTS” if she gave 70% of the amount before 15 th
    march 2019 . Accordingly for this a sum of Rs. 3 lakhs had been paid on 12 th march as
    advance to mr.suresh sen by ms. shubhangwati dutt .
    3. The remaining amount of 30% was to be paid via loan as ms. Shubhangwati wanted to take a
    loan from the state bank of india , premnagar Dehradun Uttarakhand. The bank after
    examining the complete property the bank found that the property was not worth the
    claimed loan amount.
    4. The plaintiff now refuses to buy the property from the defendant and demands the
    advanced money which was given to the defendant. The defendant although denies for the
    same.
    5. The plaintiff bought a legal notice on 11 th march 2020 for such an action.
    6. The suit is within the period of limitation.
    7. This Hon’ble Court has jurisdiction to entertain this suit because the part of the cause of
    action arose at Dehradun The contract of transfer of the property of was entered at
    Dehradun, all the payments upto this date have been made at Dehradun and the payment of
    the outstanding amount was also to be made at Dehradun.
    8. The value of this suit for the purposes of court fee and jurisdiction is Rs. 3,02,470/- on which
    court fee of Rs. 2,470/- is paid.
    9. That this suit is filed under Order XXXVII of the Code of Civil Procedure and no relief of any
    type has been claimed which does not fall within the ambit of Order XXXVII.

    Prayer:
    It is, therefore, most respectfully prayed that this Hon‟ble Court may be pleased to :-

    A. Pass a decree for Rs. 300,000/-(three Lakhs) in favour of the Plaintiff and against the
    Defendant;
    B. award cost of the suit in favour of the Plaintiff and against the Defendant; and
    C. Pass on the facts and in this case any other and supplementary order(s) that may be
    deemed fit and proper.

    Plaintiff

    Place: Dehradun

    Date: 11th march 2020

    Advocate Unnati Nigam

    Advocate VERIFICATION:
    Verified at Dehradun on this 1st day of January 20… that the contents of paras 1 to 8 of the plaint
    are true to my knowledge derived from the records of the Plaintiff maintained in the ordinary course
    of its business, those of paras 9 to 13 are true on information received and believed to be true and
    last para is the humble prayer to this Hon‟ble Court.

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