Summary Suit For Recovery of Price of The GoodsSold and Delivered-301
Summary Suit For Recovery of Price of The GoodsSold and Delivered-301
Summary Suit For Recovery of Price of The GoodsSold and Delivered-301
A.B. … Plaintiff
Versus
C.D. …Defendant
1. The plaintiff carries on business as manufacturer and supplier of textile goods. The
defendant carries on business as dealer in textile goods.
Hereto annexed and marked Exhibit ‘A’ is a copy of the said Purchase Order/Contract
dated……….
3. In pursuance of the said written contract/purchase order, the plaintiff sold and
delivered the above referred goods to the defendant as evidence by the acknowledgment
of the defendant on the delivery challan dated………. bearing the endorsement of the
defendant in token of having received the said goods. Hereto annexed and marked
Exhibit “B” is a copy of the said delivery challan.
6. In the premises aforesaid, a sum of Rs……….. is due and payable by the defendant to
the plaintiff inclusive of interest upto date of filing of the suit as per the particulars of
Claim hereto annexed and marked Exhibit ‘F’. The suit transaction is a commercial
transaction. The defendant is also liable to pay further interest on the principal amount of
Rs………. at the reasonable rate of interest. The plaintiff says and submits that this
Hon’ble Court be pleased to order and decree the defendant to pay the aforesaid amount
with further interest on the principal amount at the rate of………% per annum for the
period commencing from the date of the filing of the suit till payment.
7. The suit is filed as summary suit under the provisions of Order XXXVII of the Code of
Civil Procedure 1908 on the basis of written contracts as evidenced by the defendant’s
purchase order and plaintiff’s invoice and delivery challan and that no relief which does
not fall within the ambit of Order XXXVII of the Code of Civil Procedure 1908 has been
claimed herein.
8. For the purpose of Court fees and jurisdiction the plaintiff values his claim in the suit
Rs………….
9. The defendant placed the said order at……….. The plaintiff accepted the said order
at…….. The defendant agreed to pay the price of goods at……….. The defendant resides
at ……………. The entire cause of action has arisen within the jurisdiction of this Court.
This Hon’ble Court has jurisdiction to entertain and try this suit.
10. The plaintiff shall rely upon the documents a list whereof is hereto annexed.
[a] That the defendant be ordered and decreed to pay to the plaintiff the sum of
Rs……….. as per particulars of claim annexed hereto and marked Ex. ‘………’ with
further interest of Rs………. at the rate of ……..% p.a. from the date of filing of the suit
till payment or ……….. realization