Legal Question in Credit and Debt Law in India
I had lent money to a friend by either depositing money in her account in the form of cash and major amount through cheque. I have the bank receipts. There was nothing in written between us. The total amount lent was nearly 9 lakhs.
From last 10 months she has stopped depositing money in my account. Neither did she arrange a big sum and return all together as she would always promise. Neither does she pick up my calls or any other friends'.
She has returned the major amount of cash by depositing cash in my account. She deposited only Rs 30,000 through cheque.
What is the difference between a Special Civil Suit and a Summary suit? Which would be a better option?
2 Answers from Attorneys
1) The basic difference between summary suit and normal suit for recovery is that summary suit is filled for the speedy justice and where the liability of defendant is apparent and there is no way for the defendant to deny the liability at first instance for eg. cheque issued by any one, issuing the pronote accepting the liability to pay,
and in such case the plaintiff had a fair chance to succeed so the liability is on the defendant to prove that plaintiff dont have the fair chance to succeed on first instance and for that he has obtain leave to defend from the court and if court grant the leave to defend to the defendant then the summary suit get converted into the normal recovery suit.
2) In Maharashtra, when valuation of a suit goes beyond the pecuniary jurisdiction of a Civil Judge junior division, it has to be registered as Spl Civil suit and it is to be tried by a Senior Division Judge. All other suits within the pecuniary jurisdiction of a Civil judge Junior division are treated as regular suits.
3) Ur query is not clear.
27.06.2016
Dear Sir / Madam
A Police complaint is advisable and recommended to amicably resolve the matter.
Regards,
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