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

Detailed Legal Analysis

To file a recovery suit in Allahabad for the amount borrowed by your friend, you must initiate a civil suit in the appropriate court. This process involves several steps outlined below.

• Identify the Appropriate Court:
  • If the amount in dispute is less than ₹3 lakhs, you should file the suit in the Small Causes Court under the provisions of the Small Causes Courts Act, 1887.
  • If the amount exceeds ₹3 lakhs, you will file your suit in the District Court as per the Civil Procedure Code, 1908 (CPC).
• Gather Necessary Documents:
  • Loan agreement or promissory note, if available.
  • Proof of the loan transaction, such as bank statements or payment receipts.
  • Any communication exchanged between you and your friend regarding the loan.
• Draft the Plaint:
  • The plaint should include your name and address, your friend’s name and address, the amount due, and the basis of your claim.
  • Clearly state the facts leading to the loan and the failure to repay.
  • Include a prayer for relief, specifying the amount you wish to recover.
• File the Suit:
  • Submit the plaint along with requisite court fees as per the Court Fees Act, 1870.
  • Ensure all documents are duly stamped and verified.
• Serve Notice:
  • Once the suit is filed, the court will issue a summon to your friend, requiring them to appear before the court.
  • Proper service of notice must be ensured to comply with Section 27 of the CPC.
• Attend Court Hearings:
  • Be prepared for multiple hearings and present your evidence and arguments before the judge.
  • Consider engaging a lawyer to assist you in this process for better representation.

Additionally, you may also consider sending a legal notice to your friend before filing the suit, which could prompt them to repay the loan and potentially save time and resources. This notice can be drafted under the provisions of the Indian Contract Act, 1872.

It’s essential to follow these steps carefully to ensure that your suit is filed correctly and your rights are protected in the recovery process.