What is Recovery Suit?

Recovery suit or Ordinary Suit is a civil remedy under Order 4 of Civil Procedure Code 1908, instituted for recovery of money. Money can be recovered by way of institution of a suit in the court. 

Order 4 of CPC reads as follows –

1. Every suit shall be instituted by presenting a complaint in duplicate to the Court or such officer as it appointed on this behalf.
2. Every plaintiff shall comply with the rules contained in Orders VI and VII, so far as they are applicable.
3. The plaint shall not be deemed to by duly instituted unless it complies with the requirements specified above

Jurisdiction:

A suit can be instituted where:

1. The defendant resides
2. Defendant carries on business
3. Cause of action wholly or partly arises

After territorial jurisdiction the next step is to decide pecuniary jurisdiction is to be determined:

1. Suits amounting between Rs.1 – Rs.20, 00,000/- are filed before District Courts.
2. Suits over and above Rs. 20,00,000/- are filed before the High Court.

Limitation:

 Suit can be filed within 3 years from the date of cause of action. This limitation period cannot be condoned except at the discretion of court. Institution of suit under Order 4 is an essential part of the CPC. 

How to Institute a suit:

A civil lawsuit is the initiation of legal action. It is a written document of the case’s facts and the specific amount along with the interest. The complaint shall be followed by the affidavit to establish the facts. Money recovery is the most common situation and in such instances the approximate amount must be included in the lawsuit. Following information must be included:

1. Court’s name
2. Introduction of plaintiff & defendant
3. Facts establishing cause of action
4. Court’s Jurisdiction
5. Relief & Prayer Clause
6. Total amount of suit
7. Verification & signature

Procedure:

Summons:

It is a document issued by the court that summons the person to appear in the court of law for the purpose of identification. After reviewing the petition, the court summons the other person generally within 30 days of filing suit.

Written Statement:

It is a reply filed in response to the complaint filed in the court. Respondent may raise new issues in its favour or file lawsuit in its reply to claimant’s request.Petitioner is responsible for paying the court’s cost, if he fails in any way, no action shall be taken.

Decree:

The last step is to comply with the court order against another person. Execution Proceedings enable enforcement of court order of judgement. When the debtor accepts relief under the judgement, decree or order the execution ends.

Lead India has expert lawyers who can draft a money recovery notice for debt settlement and debt collection. Our panel experts can complete the process immediately even if a recovery suit is required to be filed to help you with its iterations. Additionally you can connect with our lawyers for free legal advice.