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Writer's pictureLead India
Jun 14, 20233 min read

Recovery Suit Is Filed Under Which Section Of Law?

The legal remedy for money recovery entails filing a lawsuit in court with the appropriate authority. Under Order IV of the Civil Procedure Code of 1908 (CPC), the lawsuit may be filed.

A recovery suit is a legal action filed by a creditor to recover a debt owed by a debtor. It is a civil lawsuit initiated when a party seeks to obtain payment or restitution for a financial obligation that has not been fulfilled by the debtor.

Purpose of Filing a Recovery Suit: Civil Procedure Code

The key objectives of filing a recovery suit under the CPC include-

  • Obtaining a legally binding judgment- Filing a recovery suit allows creditors to seek a court judgment that establishes the debtor's liability and obligates them to repay the debt.

  • Enforcing the debt through legal means- The recovery suit provides a formal legal process to enforce the debt, allowing creditors to take appropriate legal measures to secure payment, such as seizing assets, garnishing wages, or initiating other recovery actions.

  • Facilitating a fair and impartial resolution- By filing a recovery suit under the CPC, the parties involved have the opportunity to present their case, provide evidence, and present legal arguments in a court of law.

  • Expediting the resolution through summary procedure- In some cases, recovery suits under specific provisions of the CPC, such as Order XXXVII, offer a summary procedure that allows for a more expeditious resolution of the case, reducing the time and cost involved.

Documents Needed for Filing a Recovery Suit

Some common documents that are typically needed for filing a recovery suit include-

  • Plaint- The plaint is the main document that sets out the details of the claim, including the parties involved, facts of the case, the amount of debt, and the cause of action. It should be prepared in accordance with the court rules and signed by the plaintiff or their authorized representative.

  • Affidavit of evidence- In some jurisdictions, the plaintiff may need to submit an affidavit of evidence along with the plaint. This document provides a summary of the evidence that the plaintiff intends to rely upon to support their claim.

  • Supporting documents- Depending on the nature of the debt and the claim, the plaintiff may need to attach supporting documents such as invoices, contracts, loan agreements, promissory notes, correspondence, or any other relevant documents that substantiate the claim.

  • Identity and address proof- The plaintiff may be required to provide identity and address proof, such as a copy of their identification card, passport, or any other legally acceptable document.

Procedure of Filing Recovery Suit: Civil Procedure Code

The procedure for filing a recovery suit under the Civil Procedure Code (CPC) typically involves the following steps-

  • Filing the plaint- The plaintiff files the plaint along with the necessary number of copies at the appropriate civil court having jurisdiction over the matter.

  • Service of summons- The plaintiff serves the summons and a copy of the plaint to the defendant through a court-approved process, such as registered post or court-approved process server.

  • Written statement- The defendant submits a written statement in response to the plaint, outlining their defense and any counterclaims, if applicable.

  • Examination of parties- The court may conduct examinations of both parties, allowing them to present their case and produce evidence to support their claims.

  • Framing of issues- The court frames the issues based on the contentions of the parties, narrowing down the points of dispute that need to be resolved.

  • Trial- The court proceeds with the trial, allowing both parties to present evidence, cross-examine witnesses, and make oral arguments to support their respective positions.

  • Judgment- The court delivers a judgment based on the evidence and arguments presented. If the judgment favors the plaintiff, it may include an order for the recovery of the debt from the defendant.

  • Execution of decree- If the defendant fails to comply with the judgment, the plaintiff can initiate the process of executing the decree, which may involve seizure of assets, garnishment of wages, or other measures to enforce the recovery.

You will need the help of lawyers to get accurate and detailed information on the procedure for filing a recovery suit. If you need the help of lawyers to file a recovery suit in Kolkata, then the best property lawyer in india can be hired, and if you need the help of lawyers to know more details on the best corporate lawyers in Kolkata, then cheque bounce lawyers in kolkata can be hired. Similarly, the best property lawyer in India can help you file any recovery suit if there is any breach in the contract relating to the property.

For any type of legal counsel, you can consult and talk to a lawyer at Lead India. They can ask questions to experts online for free and receive free legal advice in India in return at Lead India.

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