Plaint:: in The Court of The Iii Additional Junior Civil Judge City Civil Court: at Patna O.S. No. of 2019

PLAINT:
1. B having an acquaintance with the A approached him and requested to advance a hand
loan of Rs 25000/- to meet his son’s education needs. B also proposed to execute a
Promissory note for the said amount and with a simple interest @ 18% p.a. Due to that
acquaintance, A agreed for the same and thus, the B borrowed a sum of 25,000/- as hand loan
on 1st January 2017 from A and at A’s home situated at Patna and executed a Promissory
Note for the said amount in favour of A and promised to repay the said hand loan amount. A
having vexed with the conduct of B avoiding the repayment, got issued a legal notice to B on
1st January, 2019. B received the same but did not reply.
Draft a plaint for the repayment of the said amount by B with interest on the suit amount from
the date of demand, i.e. 1st January, 2019 till realisation @ 18% p.a.
IN THE COURT OF THE III ADDITIONAL JUNIOR CIVIL JUDGE
CITY CIVIL COURT: AT PATNA
O.S. No. of 2019
Mr. A
S/o………………. Aged …. Years
Occ: ………….
R/o. Patna .................................... Plaintiff
Vs
Mr. B
S/o………………………, Aged …. Years,
Occ………….
R/ Patna ................................... Defendant
PLAINT FILED UNDER SECTION 26 READ WITH ORDER VII OF CPC
III. BRIEF FACTS OF THE CASE:

1. It is submitted that the Defendant having an acquaintance with the plaintiff approached
him and requested to advance a hand loan of Rs.25,000/- (Rupees twenty-five thousand
Rupees only) to meet his son’s education needs. The Defendant also proposed to execute a
Promissory Note for the said amount and with a simple interest @ 18% p.a. Due to that
acquaintance, the Plaintiff agreed for the same and thus, the defendant has borrowed a sum of
Rs.25,000/- as hand loan on 1st January, 2017 from the Plaintiff at the Plaintiff’s home
situated at Patna and executed a Promissory Note for the said amount in favour of the
Plaintiff and promised to repay the said hand loan within a period of 2 years from the date of
execution of the promissory note. It is respectfully submitted that in spite of repeated oral
demands made by the Plaintiff, the Defendant did not bother to repay the said hand Loan
amount.
2. The Plaintiff having vexed with the conduct of the Defendant avoiding the repayment, got
issued a legal notice to the Defendant on 1st January, 2019 through his Counsel by way of
Regd Post with Ack. Due as well as UCP, to his Residence. The Defendant received the same
but did not reply.
3. The Plaintiff submits that the Defendant having borrowed the amount of Rs.25,000/-
(Rupees Twenty-Five Thousand only) as hand loan and having executed the promissory note
is bound to repay the same to the Plaintiff who is entitled for interest on the suit amount from
the date of demand i.e. 1st January, 2007 till realisation @ 18% p.a. As the Defendant is
avoiding payment, the Plaintiff has left with no option except to approach this Hon’ble Court
by way of this suit. In view of the above said facts, the Plaintiff is entitled to sue the
defendant.
4. The Plaintiff submits that The Defendant is liable to pay the following outstanding
amount: (i) Promissory Note Amount: 25,000.00 (ii) Interest on 25,000 @ 18% p.a. From
01.01.2005 as on date filing of the suit: 9,000.00 --------------- 34,000.00 ----------------
Therefore, the Defendant has to pay a total sum of Rs.34,000/- (Rupees Thirty-Four
Thousands Only) to the Plaintiff as on the date of filing of the present suit. Hence, this suit.
IV. CAUSE OF ACTION: The cause of action for the suit arose on 01.01.2005 when the
Defendant borrowed the amount and executed pro-note and on 01.01.2007 when the Plaintiff
got issued a legal notice to Defendant calling upon defendant to repay the amount and still
subsists.
V. VALUATION: The relief of recovery of money under Sec. 20 of APCF & SV Act and
CF of Rs is paid thereon and the same is sufficient.
VI. JURISDICTION: The Plaintiff is residing at Hyderabad and the Defendant borrowed
the said loan amount from the Plaintiff at the residence of the Plaintiff and hence this Hon’ble
Court is having territorial & pecuniary Jurisdictions to entertain the present suit.
VII. DECLARATION: The Plaintiff has not filed any suit against the Defendant and no suit
is pending between the parties in respect of the relief being claimed in this suit.
VIII. LIMITATION: The Defendant borrowed the said hand loan amount on 01.01.2017
and the legal notice issued to the Defendant on 01.01.2019 and therefore the present suit is
within the limitation.
IX. PRAYER: Hence, the plaintiff herein prays that this Hon’ble Court may
be pleased to pass Order and Decree in favour of the Plaintiff and against the Defendant.
(a) To direct the Defendant to pay a sum of Rs. 34,000/- together with future interest thereon,
from the date of this suit, till the date of realization of the entire suit claim;
(b) To award the costs of this suit; and to pass such other order or orders as this Hon’ble
Court may deem fit and proper in the circumstances of the case in the interest of Justice.
COUNSEL FOR THE PLAINTIFF.
VERIFICATION:
I, Mr. A, S/o.----------------, Age __ years, Occ: ____________. R/Patna do
hereby declare that the contents of Para III are true and correct to the best of our knowledge
and believed to be true and correct, and the rest of the paras are on the basis of information
and legal advice and verified on this the …. day of 1st January at Patna.
Deponent.

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PLAINT:

IN THE COURT OF THE III ADDITIONAL JUNIOR CIVIL JUDGE

CITY CIVIL COURT: AT PATNA

O.S. No. of 2019

S/o………………. Aged …. Years

R/o. Patna .................................... Plaintiff

S/o………………………, Aged …. Years,

R/ Patna ................................... Defendant

PLAINT FILED UNDER SECTION 26 READ WITH ORDER VII OF CPC

III. BRIEF FACTS OF THE CASE:

but did not reply.

CF of Rs is paid thereon and the same is sufficient.

COUNSEL FOR THE PLAINTIFF.

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