SUIT BILL OF EXCHANGE OR PROMISSORY NOTE

PAYABLE FIXED TIME AFTER SIGHT OR DEMAND

Nature of grievance:
Suit on a bill of exchange or promissory-note payable at a
fixed time after sight or after demand:
For the recovery of money based on a bill of exchange or promissory-note
which is payable at a fixed time after sight or after demand – A Suit may be
filed for the recovery of money, within three years from the date, when the
fixed time after sight or demand expires, under Article 34 of the Indian
Limitation Act, 1963.
Reliefs prayed:
(As may be appropriate and applicable to the facts of one’s case)

a) The Defendants be ordered and decreed to pay Rs.______, as per

particulars of Claim, annexed to the Plaint (Exhibit “____”);

b) The Defendants be further ordered and decreed to pay interest on the

Suit amount, @18% from the date of filing of Suit, till date of judgment; and
further interest @18 / 12 / 6 % from the date of judgment till payment;

c) The Defendants be permanently injuncted from acting (permanently

restrained from doing of certain acts), such acts which would otherwise
frustrate the rights of the Plaintiffs, or such acts, which would otherwise run
contrary to the rights of the plaintiff; (as may be applicable to the facts of
the case) (Please see the Note below)

d) The Defendants be ordered and decreed by way of Mandatory

Injunction to __________ “perform certain acts”; (as may be applicable to
the facts of the case) (Please see the Note below)
Interim and Ad-Interim Reliefs: Pending the hearing and final disposal of
the Suit, the Hon’ble Court so as to prevent the ends of justice from being
defeated, be pleased –

e) The Hon’ble Court, in the due exercise of their powers u/s 94 and
O.38 of CPC, 1908, issue a warrant to arrest the defendant/s and bring him
before the Court to show cause why he should not give security for his
appearance, and if he fails to comply with any order for security commit him
to the civil prison; (as may be applicable to the facts of the case)

f) The Hon’ble Court, in the due exercise of their powers u/s 94 and
O.38 of CPC, 1908, direct the defendants to either (i) furnish security to
produce any property belonging to him and to place the same at the
disposal of the Court or (ii) order the attachment of his property, or, (iii)
furnish the bank guarantee for the Suit amount or (iv) deposit the Suit
amount in the Court;

g) The Hon’ble Court, in the due exercise of their powers u/s 75 and
O.26 of CPC, 1908, be pleased to appoint Court Commissioner, to hold a
scientific, technical, or expert investigation; or to perform any other
ministerial act; (as may be applicable to the facts of the case) (Please see
the Note below)

h) Interim/ad-interim reliefs in terms of prayer clauses _______ as

aforesaid.

i) Such further and other reliefs as this Hon’ble Court may deem fit and
proper in the circumstances of the case as may be necessary.

Note: In Summary Suits, the Reliefs could only be in the nature of Money,
i.e. the Principal sum and the interest, if any claimed, and no declaration or
injunction of any nature could be asked for. In Summary Suits, even
unliquidated compensation or damages cannot be claimed. However, if
other Reliefs are also required to be sought, then, preferably, a leave of the
Court under O.2 R.2 may be obtained to file a separate Suit for other
Reliefs. Nevertheless, a comprehensive regular Suit may be filed claiming
all Reliefs, instead of filing two Suits. Further, whereas Summary Suits are
not maintainable in every District Court, in such cases, a comprehensive
Suit for all the Reliefs may be filed. Also, please take note of this whilst
making averments in the body of Plaint.

Material facts of the case:

The Plaintiffs, most respectfully submit that, having regard to the nature of
reliefs prayed for in this Suit, the following facts become germane to the
controversy herein; And, the reasonable satisfaction of the existence or the
non existence, as the case may be, of these facts, may entitle the Plaintiffs
the judgment in their favour. The chronology / chain of events, which has
led to the present situation, and has constrained the Plaintiffs to seek
certain Reliefs from this Hon’ble Court. [In the chronology / chain of events,
the following facts should be set out in clear terms, at appropriate juncture.]

1. The facts showing that, pursuant to money lent, or pursuant to any

other transaction, business or otherwise, the Defendants executed /
accepted a Bill of exchange / Promissory Note, in favour of the Plaintiffs,
which was payable at a fixed time after sight or after demand:

2. The date when the time fixed expires, after sight or after demand:

3. The Defendant No.___ had accepted the said Bill of Exchange:

4. The fact that Notice of dishonour was waived by the Defendant:

5. The fact that on a particular date, the Plaintiffs demanded money

from Defendant:

6. The fact showing that the Defendant has failed and neglected to pay
the money, at the expiry of the date, which was fixed after sight or after
demand:

In Money Claim Suits, to claim interim relief, “of arrest of the Defendant to
cause him to furnish security for his appearance, pending the disposal of
the Suit”, any one of the facts must be shown to have exist –

1. Facts and circumstances showing that, with intent to delay the

plaintiffs, or to avoid any process of the Court or to obstruct or delay the
execution of any decree which may be passed against him, the defendant
has absconded or left the local limits of the jurisdiction of the Court:

or
2. Facts and circumstances showing that, with intent to delay the
plaintiffs, or to avoid any process of the Court or to obstruct or delay the
execution of any decree which may be passed against him, the defendant
is about to abscond or leave the local limits of the jurisdiction of the Court:

or
3. Facts and circumstances showing that, with intent to delay the
plaintiffs, or to avoid any process of the Court or to obstruct or delay the
execution of any decree which may be passed against him, the defendant
has disposed of or removed from the local limits of the jurisdiction of the
Court his property or any part thereof:
or
4. Facts and circumstances showing that, with intent to delay the
plaintiffs, or to avoid any process of the Court or to obstruct or delay the
execution of any decree which may be passed against him, the defendant
is about to leave India under circumstances affording reasonable
probability that the plaintiff will or may thereby be obstructed or delayed in
the execution of any decree which may be passed against the defendant in
the suit:

In Money Claim Suits, to claim interim relief of “directing the Defendant to

furnish security for certain sum of money, either by furnishing the bank
guarantee or by depositing the said sum of money in the Court”, or to effect
the conditional attachment of his immovable property, pending the disposal
of the Suit”, any one of the facts must be shown to have existed.

1. Facts and circumstances showing that, with intent to obstruct or delay

the execution of any decree which may be passed against him, the
defendant is about to dispose of the whole or any part of his property:

or
2. Facts and circumstances showing that, with intent to obstruct or delay
the execution of any decree which may be passed against him, the
defendant is about to remove the whole or any part of his property from the
local limits of the jurisdiction of the Court:

or
3. Facts and circumstances showing that the Defendants have
admittedly committed default in making payment of debt; and the
Defendants have not even bothered to respond to the legal notice of
demands being issued by the Plaintiffs; and the Defendants have prima
facie no defense to the demand made by the Plaintiffs; and if the claim of
the Plaintiffs is not secured by passing appropriate order against the
Defendants, there would be a paper decree in the hands of the Plaintiffs
and such huge claim made by the Plaintiffs would not be recovered.

or
4. Facts and circumstances showing that the Defendant has become
incommunicable, i.e. he is not available at the place where he regularly
carries on business; and he doesn’t answers the phone calls, nor the
Defendant makes any reply to the Notices which are being sent; and
therefore there is a reasonable apprehension that the Defendant may
dispose of the whole or any part of his property, to the serious prejudice of
the Plaintiffs and other creditors of the Defendants:

or
5. Facts and circumstances showing that the Defendant in their letters
and emails, in unambiguous terms have admitted the claim of the Plaintiffs;
and / or the Defendants, vide their Letters / Emails dated _________ to the
Plaintiffs, have stated that the Defendant is facing severe financial crunch;
and therefore there is a reasonable apprehension that the Defendant may
alienate, encumber, dispose or create third party rights in respect of their
immovable properties, to the serious prejudice of the Plaintiffs and other
creditors of the Defendant; and there may not be other properties which
could have been made available for the purposes of satisfying the decree,
if any, passed against the Defendants; and if the claim of the Plaintiffs is
not secured by passing appropriate order against the Defendants, there
would be a paper decree in the hands of the Plaintiffs and such huge claim
made by the Plaintiffs would not be recovered.

[To claim any relief in the nature of declaration] The facts showing that the
Plaintiff is entitled to some legal position, or to some property, or to some
right of any nature whatsoever; and the facts and circumstances showing
that the Defendant is doing some act by which the Defendant deny such
rights of the Plaintiffs;

[To claim any relief in the nature of permanent injunction] The facts
showing that the Plaintiff is entitled to some legal position, or to some
property, or to some right of any nature whatsoever; and the facts and
circumstances showing that the Defendant is doing some act by which the
Defendant interferes with such rights of the Plaintiffs;

[To claim any relief in the nature of mandatory injunction] The facts
showing that the Defendant is under obligation under the law or under the
contract, to perform certain acts, which he is neglecting to do, and the
Courts can compel performance of such acts, and the performance of such
acts are essential pending the final disposal of the Suit, and the failure of
performance of such acts may render the Suit infructuous.