My friend borrowed 3 lakhs in Aizawl and is not returning it how to file recovery suit

Detailed Legal Analysis

To file a recovery suit for the borrowed amount of 3 lakhs in Aizawl, your friend should follow a structured legal process under the Civil Procedure Code, 1908, and the provisions of the Indian Contract Act, 1872.

Here are the steps to initiate a recovery suit:

• Gather Evidence: Collect all relevant documents such as the loan agreement, promissory notes, cheques, bank statements, and any correspondence related to the loan. These documents will serve as evidence in court.
• Send a Legal Notice: Before filing a suit, it is advisable to send a legal notice to the borrower through a lawyer. This notice should demand repayment of the loan within a specified period (typically 15-30 days). Refer to Section 80 of the Civil Procedure Code, 1908, which states that a notice is required before filing a suit against the government, though not specifically applicable here, it is a good practice.
• Draft the Plaint: If the borrower fails to repay after the notice period, draft a plaint (the written statement of the claim) that includes details such as:
• The name and address of the plaintiff and defendant.
• The facts of the case.
• The amount being claimed.
• The cause of action.
• The relief sought (i.e., recovery of the amount with interest).
• File the Suit: Approach the appropriate civil court in Aizawl, which typically would be the District Court, to file the suit. File the plaint along with the necessary court fees as prescribed under the Court Fees Act, 1870.
• Serve Summons: After filing, the court will issue a summons to the defendant. Ensure that the summons is served properly as per the provisions of Order V of the Civil Procedure Code, 1908.
• Attend Court Hearings: Be present at all court hearings. Prepare to present your case, providing evidence and legal arguments supporting your claim for recovery.

It is important to note that under Section 73 of the Indian Contract Act, 1872, a party to a contract is entitled to receive compensation for loss or damage caused by non-performance of the contract.

In summary, your friend should follow these legal steps to pursue the recovery of the borrowed amount effectively.