My friend borrowed 3 lakhs in Ujjain 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 Ujjain, your friend can initiate legal proceedings under the provisions of the Code of Civil Procedure, 1908, and the Indian Contract Act, 1872.

Here are the steps to file a recovery suit:

• Gather Documentation: Collect all relevant documents that prove the existence of the loan, such as:
  • Loan agreement or promissory note (if any)
  • Bank statements showing the transfer of funds
  • Any correspondence related to the loan (emails, messages, etc.)
  • Witness statements (if applicable)
• Determine Jurisdiction: Since the loan was taken in Ujjain, the appropriate court would generally be the District Court of Ujjain, as per Section 15 of the Code of Civil Procedure, 1908.
• Draft a Plaint: Prepare a plaint which should include:
  • Title of the suit (e.g., "Plaint for Recovery of Loan Amount")
  • Details of the parties involved
  • Facts of the case (how the loan was taken, terms of repayment, etc.)
  • Prayer clause requesting the court to recover the amount
  • Verification statement affirming the truth of the contents
• File the Suit: Approach the District Court with the plaint and pay the requisite court fees as per the Court Fees Act, 1870. The fee will depend on the amount being claimed.
• Serve Notice: After filing, the court will issue a summons to the defendant (the borrower), notifying them of the suit and requiring them to respond.
• Attend Hearings: Both parties will be called for hearings. Be prepared to present evidence and witnesses to support the claim.
• Judgment: After considering the evidence, the court will pass a judgment. If favorable, a decree will be issued in your friend's favor for the recovery of the amount.

In case the borrower still does not comply with the judgment, your friend may initiate execution proceedings under Order XXI of the Code of Civil Procedure, 1908, to enforce the recovery.

For any further assistance, it is advisable to consult with a legal professional who specializes in civil litigation.