Summary
Order 7 of the CPC 1908 outlines the requirements for filing a plaint, including details like court name, parties information, and cause of action. For money recovery, ensure the court has jurisdiction and attach relevant documents. Court fees for a ₹400,000 claim in Jammu and Kashmir are approximately ₹4,400. Section 34 allows interest on money decrees. Without a written agreement, bank statements and EMI records can support a summary suit under Order 37. Advocate fees vary, and installment payments may be negotiable. Discuss terms directly with your advocate.Full Conversation
Order * of cpc *
Order * of the Code of Civil Procedure, * outlines the rules related to the plaint. Here are some key points:
- Particulars to be contained in a plaint
- Relief claimed by the plaintiff
- Plaint to be signed and verified
- Where the subject-matter of the suit is immovable property
- Production of documents on which the plaintiff sues
If you have a specific query regarding Order *, feel free to ask!
Money recovery is under order * of cpc or not
Case Rating: *
Order * of the Code of Civil Procedure (CPC) outlines the general rules for filing a plaint but does not specifically address the recovery of money. For money recovery, you would file a civil suit under the provisions mentioned in the CPC, but the specifics of money recovery would depend on the facts of the case and relevant sections.
Do you need guidance on how to proceed with filing a money recovery suit?
Yes
Case Rating: *
To proceed with filing a money recovery suit under the Code of Civil Procedure, *, you'll need to ensure the following:
- Draft the plaint according to Order * requirements.
- Attach relevant documents proving the debt.
- Ensure the court has jurisdiction.
- Pay the requisite court fee.
Would you like more details on any of these steps?
How much fees if amount is *
Case Rating: *
For a money recovery suit amounting to ₹*,* in Jammu and Kashmir, the court fees are calculated based on the value of the claim. Here's a general idea:
- For claims up to ₹*,*, the court fee is ₹*.
- For claims between ₹*,* and ₹*,*, the fee is ₹*.
- For claims between ₹*,* and ₹*,*, the fee is ₹*.
- For claims above ₹*,*, the fee is ₹* plus *% of the amount exceeding ₹*,*.
For ₹*,*, the approximate fee will be ₹* + (*% of ₹*,*) = ₹*,*.
Would you like more specific details or assistance with anything else?
Yes
Case Rating: *
To proceed with your money recovery suit, here are the next steps you should consider:
- Draft the plaint according to Order * requirements.
- Attach relevant documents proving the debt.
- Ensure the court has jurisdiction.
- Pay the requisite court fee, which we've calculated to be around ₹*,* for your claim.
Would you need more specific details on any of these steps or assistance with something else related to your case?
Yes
Case Rating: *
To proceed, you should:
*. Draft the plaint as per Order * CPC requirements.
*. Attach documents proving the debt.
*. Ensure the court has jurisdiction.
*. Pay the court fee, approximately ₹*,*.
Would you need detailed assistance with drafting the plaint or any other specific step?
Yes
Case Rating: *
To help you further with your money recovery suit, here's a brief on drafting the plaint:
- The name of the court where the suit is filed.
- The name, description, and address of both plaintiff and defendant.
- Facts constituting the cause of action.
- Specific relief sought.
- Verification and signature of the plaintiff.
Would you need specific assistance in drafting the plaint or any other step?
Yes
Case Rating: *
To proceed with drafting the plaint for your money recovery suit:
- Include the name of the court.
- Mention the name, description, and address of both plaintiff and defendant.
- State the facts constituting the cause of action.
- Specify the relief sought.
- Ensure the verification and signature of the plaintiff.
Would you like more detailed guidance on any of these points?
Section * of cpc *
Case Rating: *
Section * of the Code of Civil Procedure, * deals with the award of interest in a decree for payment of money. Here are the key points:
- The court may award interest on the principal sum adjudged.
- Interest can be awarded from the date of the suit to the date of the decree.
- Further interest can be awarded from the date of the decree to the date of payment.
Would you need more details or assistance related to Section *?
Yes
Case Rating: *
Section * of the CPC, *, provides for the award of interest in money decrees:
- Interest can be awarded on the principal sum adjudged.
- It can be awarded from the date of the suit to the decree date.
- Further interest can be awarded from the date of the decree to payment.
Would you like more information on how to apply for interest under Section *, or any other specific details?
Yes
Case Rating: *Since you are dealing with a money recovery suit and interest under Section * of the CPC, here is some more detailed guidance:
Applying for Interest under Section *:
- Principal Sum: Mention the principal sum adjudged.
- Interest from Suit to Decree: Specify the interest rate and period from the date of filing the suit to the date of the decree.
- Interest from Decree to Payment: Specify the interest rate for the period from the decree date to the actual payment date.
Would you like more specific instructions on how to draft the plaint including these interest details?
Yes
Case Rating: *
To draft your plaint including the details for interest under Section * of the CPC, follow these steps:
*. Principal Sum: Clearly mention the principal amount being claimed.
*. Interest from Suit to Decree: Specify the interest rate and the period from the date of filing the suit to the date of the decree.
*. Interest from Decree to Payment: Mention the interest rate for the period from the decree date to the actual payment date.
Would you like to proceed with more detailed guidance on any of these steps?
How much time in civil suit under section * of cpc
Case Rating: *
The duration of a civil suit under Section * of the CPC can vary widely based on factors like court workload, complexity of the case, and response from both parties. Generally, it could take anywhere from a few months to several years.
Would you like more information on any specific aspect of your case?
Maxiik years
Case Rating: *
It seems you have a query regarding the duration of a civil suit under Section * of the CPC for awarding interest. The duration can be quite variable.
Would you like more specific details or assistance with drafting any documents related to your case?
Yes
Case Rating: *
It seems like you're dealing with a money recovery suit and the application of interest under Section * of the CPC, which can be quite complex. Here are the steps for drafting your plaint:
*. Principal Sum: Mention the principal amount being claimed.
*. Interest from Suit to Decree: Specify the interest rate and the period from the date of filing the suit to the date of the decree.
*. Interest from Decree to Payment: Mention the interest rate for the period from the decree date to the actual payment date.
Would you need more detailed guidance on any other aspect of your case?
If I have no written agreement but bank statement records and emi records then can I file summary suit under * cpc of * or not
Case Rating: *
Yes, you can file a summary suit under Order * of the CPC, *, even if you do not have a written agreement but have bank statements and EMI records as evidence. Here are the key points:
- Order * applies to suits based on written contracts, bills of exchange, or promissory notes.
- Your bank statements and EMI records can serve as evidence of the debt.
Do you need more details on the procedure to file a summary suit under Order * of the CPC?
Yes
Case Rating: *
To file a summary suit under Order * of the CPC, you need to follow these steps:
- Ensure your evidence (bank statements, EMI records) is strong.
- Draft the plaint including all necessary details.
- File the suit in the appropriate court.
Would you like more details on drafting the plaint or any specific step?
How much court and advocate fees
Case Rating: *
For a money recovery suit of ₹*,* in Jammu and Kashmir:
Court Fees:
- Approximately ₹*,* (calculated as ₹* + *% of ₹*,*).
Advocate Fees:
- Varies based on the advocate's experience and complexity of the case. Generally, it can range from ₹*,* to ₹*,* or more.
Would you need more specific details on any aspect of the fees or the process?
Yes
Case Rating: *
Sure, I can provide more details about the fees and process. Could you let me know if you need assistance with any specific aspect such as negotiating advocate fees, or understanding court procedures in more detail?
Can I pay advocate fees in two installments
Case Rating: *
Yes, it's generally possible to negotiate the payment of advocate fees in installments. However, this depends on the advocate's policy. You should discuss this directly with your advocate to come to a mutual agreement. If you need more help regarding this, feel free to ask!
TRY ME!
Start a new chat