PLAINT

IN THE COURT OF CIVIL JUDGE SENIOR DIVISION NASIK

Summary Suit No. 1987
A son of B, aged about 50 years,
occupation business, residing at
7 Green Park, Nasik………………………………………………………Plaintiff
VERSUS
C son of D, aged about 40 years,
occupation service, residing at
5 College Street, Nasik………………………………………………..Defendant

The abovenamed Plaintiff' states as follows:

1. That the plaintiff is a money-lender and has been carrying on the business of money lending
in Nasik City, Nasik. the defendant is serving as clerk in 'Mathurs& Sons Pvt. Ltd. The
plaintiff knows the defendant for the last several years.
2. That the defendant on or about the. 15th day of.May 1984, approached the plaintiff for a
sum of Rs. 15000 which sum the defendant then needed for the purchase of a plot of land in
the suburbs of the city. The plaintiff agreed to lend and advance the said sum, at an interest
of 12 per cent per annum to the defendant
3. That the plaintiff lent and advanced the said amount of Rs. 15000 to the defendant on or
about the 15th day of May 1984, and the defendant on the same day as and in way of
collateral security executed a promissory note for the said amount of Rs. 15000 at an
interest of 12 per cent per annum in favour of the plaintiff. A copy of the said promissory
note is annexed hereto and is marked as 'Exhibit A' to the plaint
4. That the plaintiff several times demanded the repayment of the said amount of Rs. 15000
together with the interest from the defendant but the defendant failed to repay the said
amount together with interest on one pretext or the other.
5. That the plaintiff finally called upon the defendant through his advocate's letter dated April
8, 1987 for the repayment of Rs. 21000 (Rs. 15000 the principal sum and Rs. 6000 interest
thereon at 12 per cent per annum from 15.5.1987), but the defendant failed and neglected to
return the said amount to the plaintiff and moreover he did not reply the plaintiffs advocate's
said letter. A copy of the said letter is annexed hereto and is marked as "Exhibit B" to the
plaint.
6. That the plaintiff submits that the said amount of Rs. 15,000 was lent and advanced by the
plaintiff to the defendant at Nasik where the defendant executed the promissory note in
favour of the plaintiff, and the amount of Rs. 21,000 (Rs. 15,000 the principal sum and Rs.
6,000 interest thereon) is due and payable by the defendant to the plaintiff. The plaintiff and
the defendant reside in Nasik and the defendant usually works for gain at Nasik; thus the
 whole cause of action has arisen within the jurisdiction of this Hon'ble Court and, therefore,
this Court has got jurisdiction to try and entertain this suit.
7. That the plaintiff values the suit at Rs. 21000 for the purposes of jurisdictionand the Court
fees.
8. The plaintiff, therefore, prays that:
(a) The Hon'ble Court may be pleased to pass a decree of Rs. 21000 (Rs. 15000 the principal
amount and Rs. 6000 interest thereon from 15.5.84 to 30.4.87) against the defendant and
in favour of the plaintiff.
(b) The defendant be ordered to pay interest at the rate of 6 per cent per annum on the
decretal amount from the day of the institution of the suit until the satisfaction of the
decretal mount
(c) The defendant may be ordered to pay the costs of the suit. Plaint drawn

Sd/- sd/-
Plantiff’s Advocate

I, A son of B,theabovenamed plaintiff, do hereby declare and state that the contents of
paras 1 to 5 of the plaint are true to my own knowledge and the contents of remaining paras of
the plaint are based on information received from my advocate and I believe the same to be true.
Solemnly affirmed as aforesaid at Nasik.This 14th day of May 1987.Interpreted and Identified
by the

Sd/- sd/-
Advocate for the plaintiff
Before me Sd/-

Oath Commissioner.
List Of Documents

1. Exhibit ‘A’
2. Exhibit ‘B’
Written statement as and when it is ordered to be submitted by the defendant, the
Court may pronounce judgment against him, or grant further time, or make such other order in
relation to the suit as it deems fit under Order 8, rule 10 of the Code of Civil Procedure.2
Documents and Forum
1. List of documents (if he relies on certain documents in his
 possession or power).1
2. Form of address.2
3. Power of attorney, (if the written statement is filed through the
Counsel).

A specimen form of written statement on the basis of hypothetical facts in plaint in a suit for
recovery of money due on a promissory note is as under:
Form of Written Statement of Plaint in Money Suit

IN THE COURT OF CIVIL JUDGE SENIOR DIVISION, NASIK S. Suit No. 37 of 1987
A, son of B, aged about 50 years, occupation business,residing
at 7 Green Park, Nasik ………………………………………………….Plaintiff
VERSUS
C, son of D, aged about 40 years, occupation service,residing at 5 College Street, Nasik
…………………………………………………..Defendant

Written Statement of the Defendant

1. With reference to the contents of para 1 of the plaint, the defendant admits that the plaintiff is
a money-lender, and hasbeen carrying on the business of money- lending; but the defendant
denies that the plaintiff has got any licence for the business of money lending. The defendant
puts the plaintiff to the strict proof that the plaintiff has got money-lending-licence. The rest
of the contents of para 1 of the plaint are correct and admitted by the defendant.
2. With reference to the contents of para 2 of the plaint, the defendant denies that he approached
the plaintiff on or about the 15th day of May 1984 or on any other date earlier or later for a
sum of Rs. 15000 or any part thereof as alleged in the plaint. The defendant, further, denies
that he ever needed a sum of Rs. 15,000 or any part thereof for the purchases of a plot of land
 in the suburbs of the city. Further, the defendant denies that the plaintiff ever agreed to lend
and advance a sum of Rs. 15,000 or any part thereof at an interest of 12 per cent per annum to
the defendant as alleged in the plaint
3. With reference to the contents of para 3 of the plaint, the defendant denies that the plaintiff
has, actually lent and advanced the said amount of Rs. 15,000 or any part thereof to the
defendant on or about the 15th day of May 1984, or on any other subsequent date. The
defendant, further, denies that he executed a promissory-note and/ or pronote and/or receipt
for the said amount of Rs. 15000 or any part thereof at an interest of 12 per cent in favour of
the plaintiff on or about the 15th day of May 1984 oron any subsequent date. The defendant
submits that he took a friendly loan of Rs. 500 (Five hundred) only from the plaintiff in the
year 1982 and for the repayment of the said amount the plaintiff obtained the signature of the
defendant on a blank piece of paper which has maliciously and dishonestly been converted
into promissory note of Rs. 15000 by the plaintiff. The defendant submits that the friendly
loan of Rs. 500 has already been returned to the plaintiff during the year 1982. The defendant
further submits that while the defendant was returning the said amount of Rs. 500 to the
plaintiff he demanded of and from the plaintiff to return the defendant's signature taken on a
blank piece of paper, the plaintiff stated that he was not aware of any such signature, and if at
all, was not in the custody and possession of the plaintiff.
4. The defendant denies the contents of para 4 of the plaint The defendant says that the
defendant is neither liable to pay to the plaintiff the amount of Rs. 15000 and interest thereon
nor any part thereof. The question that the defendant failed to return the amount of Rs. 15,000
and its interest to the plaintiff on one pretext or the other does not arise.
5. With reference to para 5 of the plaint, the defendant denies the contents thereof and says that
the plaintiffs advocate's letter dated April 15, 1987 has been replied by the defendant through
his advocate's letter dated April 25, 1987; and a copy of the said letter is annexed hereto and
is marked as "Exhibit A" to the written statement.
6. With reference to para 6 of the plaint, the defendant denies that the plaintiff lent and advanced
the said amount of Rs. 15000 or any part thereof to the defendant at Nasik or at any other
place and the defendant executed a promissory note and/or receipt thereof in favour of the
plaintiff at Nasik or at any other place or places. The defendant, further, denies that the
amount of Rs. 21000 (Rs. 15000 the principal amount and Rs. 6000 interest thereon) or any
part thereof is due and payable by (he defendant to the plaintiff.
7. In the aforesaid circumstances, the defendant submits that no cause of action has accrued to
the plaintiff against the defendant; and thus the plaintiffs suit is false, frivolous and
unfounded and is liable to be dismissed with costs.

Written statement drawn by

sd/- Sd/-
Defendant's Advocate
Dependent

I, C son of D, the abovenamed defendant to hereby solemnly state and declare

that the contents of paras 1 to 7 of the written statement are true to my own knowledge.
Solemnly affirmed as aforesaid at Nasik.This 15th day of My 1987 Interpreted and identified by
me.

sd/-
Advocate for the defendant
Before me sd/-
sd/- Defendant
(Oath Commissioner)

List of Document
Exhibit "A".