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

Detailed Legal Analysis

To file a recovery suit in Delhi for the amount borrowed by your friend, you need to initiate a civil suit under the Code of Civil Procedure, 1908 (CPC) and the relevant provisions of the Indian Contract Act, 1872.

Here are the steps you should follow to file a recovery suit:

• Gather Evidence: Collect all relevant documents and evidence that substantiate your claim. This may include:
• Loan agreement or promissory note (if any).
• Bank statements showing the transaction.
• Correspondence or messages related to the loan.
• Witness statements, if available.
• Send a Legal Notice: Before proceeding to court, send a legal notice to your friend demanding the repayment of the loan. This notice should include:
• The amount owed.
• Details of the loan agreement.
• A clear demand for repayment within a specified period (usually 15-30 days).
• Filing the Suit: If your friend fails to respond or repay the amount after the notice, you can file a suit for recovery in the appropriate civil court. Follow these steps:
• Determine the appropriate court jurisdiction based on the amount and locality (Small Causes Court for amounts not exceeding ₹20 lakhs in Delhi).
• Draft a plaint (the formal document stating your case) outlining the facts, the legal basis for your claim under the Indian Contract Act, 1872, and the relief sought.
• File the plaint along with necessary documents and pay the prescribed court fees.
• Serve Summons: Once the suit is filed, the court will issue a summons to your friend, informing them of the case and requiring their appearance in court.
• Attend Court Hearings: Be prepared to present your case, including the evidence and witnesses, during the hearings. The court will evaluate the evidence and make a ruling.
• Enforcement of Judgment: If you win the case, the court will issue a decree for recovery. You can then take enforcement actions, such as filing for execution of the decree if your friend still does not pay.

For further reference, you may look into:

• Code of Civil Procedure, 1908 – Sections 26 and 80 (which deals with suits and legal notices).
• Indian Contract Act, 1872 – Sections 10, 73, and 74 concerning the validity of contracts and compensation for breach.

It’s advisable to consult with a lawyer for detailed guidance and representation in your case.