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Author Topic: Person not returning money  (Read 570 times)

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Offline HariRaj

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Person not returning money
« on: April 11, 2016, 10:54:40 PM »
Hi,

My husband's friend borrowed money from a person by keeping his home property paper to him. The money lender also got a written statement and signature in a Rs.10 pathram paper. Now that my husband's friend has no intention of paying the money back to the lender. Since my husband introduced this friend to the lender, they are questioning my husband. How to proceed with legal action in this case to get the money back. Will the signed paper help us to get the money back. Please let us know the steps to do by court to get the money.

Offline rajgopal sripathi

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Re: Person not returning money
« Reply #1 on: April 12, 2016, 07:37:18 AM »
Hi
Since the money lender has given money against the security of the house property, you are technically safe.   the money lender can issue steps to recover the proceedings through court under Order 37 CPC . The signed pathram paper and the deposit of title deeds of the home property by the borrower is enough material for you to proceed in the court of law.

Order 37 CPC is one of the best provisions in the hands of a proposed Plaintiff, wanting to institute a Civil Suit. Broadly it states as under:
Rule 1, Sub-Rule 2 makes it applicable to all suits upon bills of exchange, hundies and promissory notes or the ones in which a Plaintiff seeks only to recover a debt or liquidated demand in money payable on a written contract, an enactment, where the sum to be recovered is a fixed sum of money or in nature of any debt except penalty, a guarantee - in respect of a debt or liquidated demand.
Rajgopal Sripathi
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email:rajgopal@legalwin.in

Offline HariRaj

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Re: Person not returning money
« Reply #2 on: April 18, 2016, 04:14:34 AM »
Thanks for your reply Rajagopal sir.  :) :)

Regards,
 Hari RajaShree

Offline advjaibansal

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Re: Person not returning money
« Reply #3 on: June 03, 2016, 03:20:21 AM »
Dear Sir,

Summary Suit under Order 37 of CPC can be only filed when there is clear admission about the liability. Please check the papers carefully then file the suit as suggested.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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