My friend borrowed 3 lakhs in Ajmer 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 Ajmer, your friend must initiate a civil suit under the Code of Civil Procedure, 1908 (CPC) and the Indian Contract Act, 1872.

Here are the steps and requirements to file a recovery suit:

• Determine Jurisdiction:
  • The suit must be filed in the civil court that has jurisdiction over the area where the defendant resides or where the cause of action arose (Section 15 of CPC).
  • In Ajmer, this would typically be the District Court or a subordinate court depending on the amount involved.
• Gather Evidence:
  • Collect all relevant documents, such as the loan agreement, promissory notes, bank statements, and any communication (emails, messages) regarding the loan.
  • Witness statements can also be valuable if there were persons present during the transaction.
• Drafting the Plaint:
  • Prepare a plaint that includes the following:
    • Title of the case (your friend's name vs. the borrower’s name).
    • Facts of the case with details of the loan agreement.
    • Legal grounds for the claim based on the Indian Contract Act, 1872, particularly Section 55 regarding performance of a promise.
    • The specific relief sought (recovery of 3 lakhs).
• File the Suit:
  • Visit the appropriate civil court in Ajmer with the drafted plaint and necessary documents.
  • File the suit by paying the requisite court fees as per the Court Fees Act, 1870.
• Serve Summons:
  • After filing, the court will issue summons to the defendant, which must be served to them to appear in court.
• Attend Hearings:
  • Your friend must attend all court hearings and present evidence to support the claim.
  • It is advisable to engage a lawyer for effective representation.

By following these steps, your friend can initiate the recovery process for the loan amount. If the defendant fails to respond or appear in court, your friend may be able to obtain a default judgment in their favor.