Legal Question in Civil Litigation in India

Summary suit

I have filed a summary suit. (1) the defandants are same but there are two plaintiffs. My self and my fatherin-law who gave me power of attorner. Is this maintanable, my father-inlaw gave them loan based on my recommendation only as the defendants are my neighbours (2) there is an agreement signed and accepted by defendats which has 29 cheques given by me and my father in-law. All given to them by cheque only for which i have bank certificates. Out of 29 cheques given by me they gave only 21 pdcs and 8 pdcs not given. 2 pdcs honoured and balance 19 bounced. Now should i pay court fee for each cheque or for the agreement which is having a total value. If i pay each cheque what happened to the value for which cheques are not paid... Tnx for your assitance


Asked on 6/12/09, 9:38 am

5 Answers from Attorneys
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: Summary suit

the lawyer appointed by you can guide you better.

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Answered on 6/13/09, 10:53 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Summary suit

your lawyer appointed can be your best guide.

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Answered on 6/12/09, 9:40 am
Pranav Desai PD Legal & Associates

Re: Summary suit

Consult a local lawyer who would be able to guide you in respect of court fee.

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Answered on 6/15/09, 5:56 am
Praveen Hariharan Veritae Legal

Re: Summary suit

You have sought answers to two doubts and they are answered in the same manner.

(1) You can institute the suit on the strength of POA given by your father in law. That is perfectly ok.

(2) As revealed from your query, you have advanced some amounts through cheques to the defendants. out of 29 cheques given by you, the defendants sent for collection only 21 cheques, out of which 19 were dishonoured and 2 cheques were honored. So with the limited information available, you are claiming/you can only claim for the amounts which they have actually encashed. therfore court fee needs to be paid only for the value of two cheques and not for the agreement. THe value of the agreement you may not be able to claim, since teh chques you have given has been dishonoured. Therefore your claim is limited to teh amount actually recieved by the defendant.

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Answered on 6/13/09, 4:57 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Summary suit

If you have already filed the suit, the question does not survive. In any case it may be better to seek advice from an Advocate based upon your documents.

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Answered on 6/13/09, 5:51 am


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