Civil

Plaint for Recovery of Money under Order VII CPC

A plaint for recovery of money is the initiating pleading through which a plaintiff asks a civil court to pass a decree directing the defendant to pay a specified sum. The claim may arise from a written contract, a dishonoured negotiable instrument, a loan, or any other transaction creating a legally enforceable debt.

This plaint is filed before the Civil Judge (Junior or Senior Division) or the District Judge, depending on the pecuniary value of the suit. It is governed by Order IV and Order VII of the Code of Civil Procedure, 1908. Where the claim is based on a written contract, bill of exchange, hundi, or promissory note, the suit may be instituted as a summary suit under Order XXXVII CPC.

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Governing law
CPC 1908 (Order IV, Order VII; Order XXXVII for summary suits) + Court Fees Act 1870 + Limitation Act 1963
Sections
s. Order IVs. Order VIIs. Order XXXVII
Filed before
Civil Judge (Jr./Sr. Divn.) / District Judge

When this is the right filing

  • When the plaintiff seeks a money decree for a liquidated sum arising from a loan, contract, or dishonoured negotiable instrument.
  • When the claim is based on a written contract, bill of exchange, hundi, or promissory note and the plaintiff wants a faster remedy without a full trial — use the Order XXXVII summary suit procedure.
  • When the defendant has acknowledged the debt in writing, extending the limitation period under Section 18 of the Limitation Act, 1963.
  • When the claim exceeds the commercial threshold and arises from a commercial dispute, this plaint must be filed before the Commercial Court under the Commercial Courts Act, 2015, not as an ordinary civil suit.
  • Do not use this format for claims that are not for a specific money amount, such as suits for declaration, injunction, or specific performance.

What the court looks for

  • A clear statement of the facts showing how the debt arose, the amount due, and the date the cause of action accrued.
  • The specific source of the claimed interest rate, whether from a contract, a negotiable instrument under Section 80 of the Negotiable Instruments Act, 1881, or the court's discretion under Section 34 CPC.
  • A verification clause that complies with Order VI Rule 15 CPC and an affidavit in support of the pleading as mandated by Order VI Rule 15A CPC.
  • Proper valuation of the suit for court fees and jurisdiction, with ad valorem court fees paid under the applicable State enactment.
  • In a summary suit, a cause-title and plaint body that expressly state the suit is filed under Order XXXVII CPC and that no relief outside its scope is claimed.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Facts of the case
  2. 2Prayer
  3. 3Verification
  4. 4Affidavit in support of the plaint
  5. 5List of documents / annexures
How it opens
2. That [basis of claim]/- to the Defendant / the Plaintiff supplied goods / rendered services to the Defendant pursuant to order/invoice dated [transaction date]. A true copy of the [primary document] is annexed hereto and marked as Annexure A-1.

Bracketed items are filled from your case.

Frequently asked questions

When should I file this plaint as a summary suit under Order XXXVII CPC?

File it as a summary suit when the claim arises on a written contract, a bill of exchange, a hundi, or a promissory note, or on a guarantee for such a debt. The plaint must state it is under Order XXXVII, and the defendant will have only ten days to seek leave to defend after service of summons in Form No. 4.

How do I plead interest in a money recovery suit?

You must plead the specific source of the interest rate. This can be the contractual rate agreed between the parties, the statutory rate under Section 80 of the Negotiable Instruments Act, 1881 for dishonoured instruments, or a rate sought at the court's discretion under Section 34 CPC. A bare claim for an arbitrary rate is liable to be reduced by the court.

What is the difference between an ordinary money suit and a commercial suit for recovery?

An ordinary money suit is filed under Order VII CPC before a Civil Judge or District Judge. If the claim meets the Specified Value and arises from a commercial dispute as defined in the Commercial Courts Act, 2015, it must be filed before the Commercial Court. The commercial suit requires a pre-institution mediation certificate under Section 12A of that Act and a Statement of Truth instead of an ordinary affidavit.

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