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Author Topic: Summary suit order 37 CPC  (Read 458 times)

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Offline nisha_84g

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Summary suit order 37 CPC
« on: September 17, 2015, 10:26:07 PM »
Dear Experts, Some land mafias made my brother to believe that they are the owner of property bearing though the same NAZOOL LAND (Government Land). Accused have sold Government Land to my brother and taken INR 17,00000 (17 Lakh). We have notarized agreement and receipt of payment on stamp paper. District Police Authority has registered the FIR No. 229/2015 u/s 420 IPC, 443 IPC etc. Investigation Officer (I.O.) has not recovered the amount (INR 17 lakh) from the accused during the investigation. Also I.O. has denied to recover the amount. My Queries are as below: a) I want to know which civil suit is best to recover the amount. b) Summary suit order 37 under civil procedure code is applicable in such a case or not. c) Benefit of Summary suit order 37 CPC from other suits. d) Also name of other suits besides Summary suit order 37 CPC .

Offline adv.amarnath

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Re: Summary suit order 37 CPC
« Reply #1 on: September 17, 2015, 11:02:23 PM »
Regarding 420 case, civil court has no jurisdiction as the agreement itself is not enforcible. Money suit can be filed but how far it will be maintainable, I am in doubt.
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Amarnath Sanyal
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