IN THE COURT OF XXXXXXXX; LD. ADJ; DIST. CENTRAL TIS HAZARI COURTS; DELHI.

CS DJ NO. xxx OF xxxx 

                                IN THE MATTER OF :-

                                XXXXXXXXXX                                                   : PLAINTIFF

VERSUS

                                XXXXXXXXXX                                                   : DEFENDANT

N.D.O.H.: XX.XX.XXXX

APPLICATION UNDER ORDER 37 RULE 3(4) OF C.P.C. FOR SUMMONS FOR JUDGMENT ON BEHALF OF THE APPLICANT / PLAINTIFF

MOST RESPECTFULLY SHOWETH :-

1.      That the plaintiff has filed the present suit under Order 37 of C.P.C. against the defendant for the recovery of Rs.x,xx,xxx/- along with interest and costs before this Hon’ble Court. The suit is based on mortgage deed / receipt / acknowledgement of the defendant. The contents of the plaint may be read as part and parcel of the present application as the same are not repeated for the sake of brevity.

2.      That the defendant received the summons in the present suit on xx.xx.xxxx and since then he has been continuously appearing, but the defendant entered the appearance finally on xx.xx.xxxx before this Hon’ble Court. It is submitted that the defendant entered the appearance after the huge delay of 15 months. Defendant was required to enter appearance within 10 days as provided under Order 37 Rule 3(1) of CPC. The plaintiff is entitled to judgment and decree in his favour on this ground alone.

3.      That on xx.xx.xxxx the defendant has entered their appearance in the present suit through their counsel and accordingly, as per Order 37 CPC, summons for judgment shall be served upon the defendant in the prescribed Form No.4A mentioned in Appendix B of CPC 1908. A detailed affidavit verifying the cause of action and the amount claimed is being filed along with the present application.

4.      That the plaintiff believes that defendant has no defense to the aforesaid suit and the plaintiff is entitled to the judgment forthwith.

                                                PRAYER :-

          In view of the above mentioned facts, it is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to

a)   Issue summons for judgment in Form 4A in Appendix B of CPC against the defendant at the address as given by the defendant in its appearance, as per law, in the interest of justice.

b)   Pass any other order(s) or direction(s) that this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

DELHI                                                                                                                                                   PLAINTIFF

DATED                                                                                                              THROUGH

XXXXXXXXXX

ADVOCATE

Address: XXXXXXXX

XXXXXXXXXXXXXXX

XXXXXXXXX.

Mob.No.- XXXXXXXXXX

Email: XXXXXXXX@XXXXX.XXX

IN THE COURT OF SH. Xxxxxxxx ; LD. ADJ; DIST. CENTRAL TIS HAZARI COURTS; DELHI.

CS DJ NO. xxx of xxxx.

                                IN THE MATTER OF :-

                                Xxxxxxxxxx                                                        : PLAINTIFF

VERSUS

                                Xxxxxxxxxx                                                       : DEFENDANT

AFFIDAVIT

Affidavit of Sh. Xxxxxxx  xxxxxx, S/o SH. xxxxxxxx R/o xxxxx, xxxxxxxxxxxxxxxxxxxxxxxxxx, xxxxxx do hereby solemnly affirm and state as under:-

1.           That I am the plaintiff in the above-noted case and am fully authorized by the plaintiff to file the captioned proceedings, and further, I am well conversant with the facts and circumstances of the case and competent to swear this Affidavit.

2.           That the plaintiff is permanent resident of R/o xxxx, xxxxxxxxxxxxxxxxxxx,xxxxxx, hence invokes the jurisdiction of this Hon’ble Court.

3.            That the present suit is being filed by the plaintiff for the recovery of an amount of Rs x,xx,xxx/- along with interest of 3% per month under the specific provisions of order XXXVII of the Code of Civil Procedure, 1908.

4.           That the plaintiff and defendant were in good relations and the wife of the plaintiff sold the xx Floor with roof right of freehold property bearing No.xxxxxx, area measuring xxxx sq. yrds, xxxxx sq. mtrs. out of Khasra No.xxxx,xxx,xxx , Village xxxxxx  and also the wife of the plaintiff also sold one more property bearing No. xxxx, area xxxx sq. Xxxx, part of Plot No.xxx, situated at xxxxxxxxx, xxxx .

5.           That the defendant came to plaintiff on xxxxxxxx and demanded a sum of Rs.xxxxxxx from the plaintiff as he was in dire-need of the said money and the plaintiff was having good terms with the defendant and also plaintiff believed on the defendant as he has purchased two properties from his wife and had paid the said amount of Rs.xxxxxxx Lakhs to the defendant and the defendant assured to repay back the same very shortly.

6.           That the plaintiff agreed to give the amount as loan with interest of @3% per month wherein the defendant mortgaged his property  “Entire lower ground floor of the southern side portion of freehold built up property bearing municipal no. xxxxx, portion of old plot no. xxxx, area measuring xxxx sq.yds, along with undivided proportionate share in the land underneath, duly fitted with electric and water connection in working order, situated at “xxxxxxxxx” in the name of plaintiff as security and for the same, a mortgage deed dated xx.xx.xxxx, receipt dated xx.xx.xxxx, duly executed between the plaintiff and the defendant in the presence of witnesses and the same was signed by the plaintiff and defendant.

7.           That the defendant being the owner of the property executed the mortgage deed in favour of plaintiff vide mortgage deed executed on xx.xx.xxxx in presence of two witness namely Ms.xxxxx & Mr. xxxxxxxx wherein the defendant agreed not to sale said property without liquidating the debt amount of plaintiff.

8.           That the defendant has received a sum of Rs.xxxxxx/- from the plaintiff on account of mortgage of entire above said mortgaged property  and a receipt of said amount was acknowledged and admitted by defendant on xx.xx.xxxx in presence of two witness.

9.           That it is pertinent to mention here that the defendant failed to make payment of the said amount of money to the plaintiff within the three months time as agreed in the mortgaged deed and when the plaintiff ask for repayment of said amount, the defendant requested for more time for repayment of same.

10.        That the plaintiff demanded his hard earned money from the defendant, but the defendant always making one or the other excuses and did not return back the said amount and rather has been giving the threats to the plaintiff of dire consequences.

11.        That the plaintiff was shocked when the defendant threatened the plaintiff to kill and finish the plaintiff’s life, thereafter the plaintiff approached the local Police Station and filed complaint against the defendant.

12.        That despite repeat requests to the defendants for repay the loan amount and the plaintiff is in apprehension that the defendant is going to sold out the mortgaged property and the plaintiff is having no option except to file this current suit for recovery of Rs.x,xx,xxx/- (Rupees xxxx,xxxx Only) along with interest of 3% per month from the date of execution of the mortgaged deed.

13.        That the defendant thus owes a sum of Rs.xx,xx,xxxx/- (Rupees xxxx,xxxx Only) to the plaintiff towards the principal amount alone, moreover the defendant is liable to pay overdue interest on the abovesaid principal amount @ 3% per month as mentioned in the mortgage deed dated xx.xx.xxxx.

14.        That the claim made in the present suit fully falls within ambit of the Order XXXVII of the code of civil Procedure Code 1908 and no amount which does not fall within the provision has been claimed in the present suit.

15.        The cause of action arose in favour of the plaintiff against the defendant on xx.xx.xxxx when the defendant approached for loan the plaintiff gave loan of Rs.xx Lakhs to the defendant and also cause of action arose when defendant executed mortgage deed, receipt on xx.xx.xxxx in favour of the plaintiff. It further arose when the plaintiff demanded the loan amount from the defendant. The cause of action further arose on xx.xx.xxxx, when the plaintiff filed police complaint against the defendant and cause of action is continuing and it still continues, as the defendant had not yet made the payment of the debt to the plaintiff.

16.        That the present suit is within the limitation period.

17.        That the plaintiff and Defendant both resided at Shastri Nagar, Delhi. The substantial cause of action has arisen within the jurisdiction of this Hon’ble Court because the orders were placed at the resident of the Defendant and as such present suit claim falls within the pecuniary and territorial jurisdiction of this Hon’ble Court. Therefore, this Hon’ble Court has both territorial and pecuniary jurisdiction to try and decree the suit.

18.        That the value of the suit for the purpose of court fees and jurisdiction is Rs.xx Lakhs on which ad-valorem court fee has been affixed on the plaint.

19.        That no relief which does not fall within the ambit of Order 37 of CPC has been claimed in the present suit.

20.        That to my belief that defendant do not have any defence in the present suit.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ____, day of month, year that the contents of paras of the above affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed therefrom.

DEPONENT