Sharma, a resident of Delhi, filed a revision petition before the Delhi High Court challenging an order passed by the subordinate court in a property dispute case. The order had gone against him, as instead of filing app

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2024
Sharma, a resident of Delhi, filed a revision petition before the Delhi High Court challenging an order passed by the subordinate court in a property dispute case. The order had gone against him, as instead of filing appeal before appellate court, he sought relief under section 115 of the Civil Procedure Code (CPC). Sharma has been embroiled in a property dispute for several years. Frustrated by the delays and complexities of the traditional court system, he seeks a more efficient resolution to his case. Upon hearing about the e-Courts Project, Mr. Sharma decides to explore its services. The e-Courts Project was conceptualized on the basis of the "National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary - 2005" submitted by e-Committee, Supreme Court of India with a vision to transform the Indian Judiciary by ICT enablement of Courts. The e-Courts Mission Mode Project, is a Pan-India Project, monitored and funded by Depatment of Justice, Ministry of Law and Justice, Government of India for the District Courts across the country. Furthermore, Sharma had advanced a sum of ₹ 5 Lakh to Mr. T on 1st November 2023, with an agreed rate of interest @12 percent per annum and repayment within three months. He recovered ₹ 5 Lakh with in time from T but could not recover the agreed interest even after repeated reminders. He wants to file suit against T for recovery of interest. Based on the facts of the above case study, answer the following questions: Sharma approaches you seeking guidance on filing a suit against T. Advise him on the necessary facts to include in the suit for the recovery of interest from T.

Answer & Explanation:

Necessary facts to include in the suit for the recovery of Interest from T are as follows: (1) Where the plaintiff seeks interest, the plaint shall contain a statement to that effect along with the details set out. (2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in relation to a commercial transaction within the meaning of section 34 of the Code of Civil Procedure, 1908 and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in which case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that. (3) Pleadings shall also state - (a) the rate at which interest is claimed; (b) the date from which it is claimed; (c) the date to which it is calculated; (d) the total amount of interest claimed to the date of calculation; and (e) the daily rate at which interest accrues after that date.

Topics: Civil Procedure Code (CPC)

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