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IN THE COURT OF CIVIL JUDGE SENIOR DIVISION, PATIALA

Suit NO. _________/2016

Ajay Gupta S/o Tarsem Chand R/o #484 D, Azad Nagar,


District Patiala
Plaintiff.
Versus

Major Singh S/o Narang Singh R/o Village Baran The


Patiala
.Defendant.

Suit for recovery of Rs. 2,10,000/-


Rs. 40,000/- being the principal
amount borrowed by the defendant as
loan from the plaintiff vide pronote
and receipt dated 15.04.2010 executed
by the defendant in favour of the
plaintiff and Rs 6000/- being the
interest at the rate of 1.5% per month
as stipulated in the pronote on the
above said principal amount from
15.04.2010 i.e. the date of execution
of pronote and receipt till 14.02.2011
and for future interest @ 1.5% per
month till realization on the amount
of Rs. 46,000/- which shall be the
principal amount or on the principal
amount adjudged by the Honble Court.
<<<>>>
Sir,

The plaintiff most respectfully submits as under: -

1. That the defendant is having financial dealings


with the plaintiff and as such the defendant
received a sum of Rs. 40,000/- from the plaintiff
Ajay Kumar son of Gian Chand on 15.04.2010 and in
lieu of the same the defendant executed a pronote
and receipt dated 15.04.2010 in favour of
plaintiff.
2. That the defendant took the loan of the above said
amount of Rs. 40,000/- and agreed to pay 1.5% per
month as interest on the above said amount of Rs.
40,000/- and the same is so stipulated in the
pronote dated 15.04.2010. The pronote and receipt
dated 15.04.2010 were scribed by Sh. _________ son
of _________ resident of _______. The receipt
pronote is attested by Sh. ________ son of
_________ resident of ___________ and Sh _________
son of __________ resident of ___________. Both
the receipt and pronote are duly signed by the
defendant. The defendant executed the pronote and
receipt after receipt of above said amount of Rs.
40,000/- and thereafter signed the same in the
presence of plaintiff and both the above said
attesting witnesses and after him both the
attesting witnesses signed the receipt in the
presence of plaintiff and the defendant and that
of other witness respectively. The original
pronote and receipt dated 15.04.2010 is attached
herewith for the kind perusal of this Honble
court.
3. That the defendant agreed to return the above said
amount with interest at the rate of 1.5% per month
with in a period of 4 months i.e. upto 15.08.10
but the defendant has not returned the above said
amount with interest till date.
4. That the plaintiff has sent a legal notice dated
11.10.2010 through his counsel through registered
post, vide postal receipt no RLA 8290 dated
15.10.2010. The office copy of notice dated
11.10.2010 and the original postal receipt are
attached here with for the kind perusal of this
Honble court.
5. That the defendant has not returned the above said
amount with interest as stated above till date and
the plaintiff has requested the defendant on
number of occasions to return the above said
amount with interest at the rate agreed by
defendant, but the defendant has not paid any heed
to the requests of the plaintiff and are putting
off the matter on pretext or the other and a day
before yesterday the defendant has refused to
repay the amount of loan taken by him along with
interest as stated above.
6. That the defendant is liable to return the above
said amount with interest as stated above so taken
by the defendant as loan from the plaintiff, hence
this suit for recovery of Rs. 46,000/-.
7. That the cause of action to file the present arose
to the plaintiff on 15.04.2010 when the amount was
received by the defendant, on 15.08.2010 by which
date the defendant has to return the amount taken
by him as loan and on the refusal to repay the
loan and is a continuing one being day to day.
8. That the loan amount of Rs. 40,000/- on interest
as stated above has been received by the defendant
from the plaintiff at Samana and the pronote and
receipt has been executed by the defendant at
Samana hence this Honble Court has got the
jurisdiction to try and decide the present suit.
9. That no other similar suit between the parties has
been filed or is pending or has been decided by
any competent court.
10. That the value of the suit for the purpose of
court fee and jurisdiction is Rs. 46,000/-, hence
a court fees of Rs. __________ is annexed with the
plaint.
It is therefore prayed that the suit of the
plaintiff for recovery of Rs. 46,000/- (Rupees forty
six thousand only) Rs. 40,000/- being the principal
amount borrowed by the defendant as loan from the
plaintiff vide pronote and receipt dated 15.04.2010
executed by the defendant in favour of the plaintiff
and Rs 6,000/- being the interest at the rate of 1.5%
per month as stipulated in the pronote on the above
said principal amount from 15.04.2010 i.e. the date of
execution of pronote and receipt till 14.02.2011 and
for future interest @ 1.5% per month till realization
on the amount of Rs. 46,000/- which shall be the
principal amount or on the principal amount adjudged
by the Honble Court, may kindly b e decreed with
costs through out.
Any other relief which this court may deem fit in
favour of the plaintiff may also be granted to the
plaintiff.
Submitted by:

Ajay Kumar
Plaintiff
Through Counsel: -

SUNIL GUPTA
Advocate,
Chamber no. 363,
District Courts, Patiala.
Verification: -
Verified that the contents of the plaint from para
no. 1 to 6 are true to the best of my knowledge and
from para no. 7 to 10 from my belief. Nothing has been
concealed therein.
Verified at Samana
Dated: -

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