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Frequently Asked Questions
Payment Default FIR
Civil Procedure Code Order 37 provides for the summary procedure. The provision has been made keeping in view certain suits, in order to prevent the unreasonable obstruction laid down by the defendant, who has no defence. Unlike other civil suits, the trial in summary suits begins after the court grants leave to the defendant to contest the suit. The court dealing with summary suits can pass the judgment in the favor of the plaintiff if (1) the defendant has not applied for leave to defend or if such application has been made but refused, or (2) the defendant who is permitted to defend fails to comply with the conditions on which the leave to defend was granted.
Rules related to summary suit under Civil Procedure Code are:
1. Courts and classes of suits to which the Order is to apply.
(1) This Order shall apply to the following courts, namely:-
(a) High Courts, City Civil Courts and Courts of Small Causes; and
(b) other courts;
1. Courts and classes of suits to which the Order is to apply.
(1) This Order shall apply to the following courts, namely:-
(a) High Courts, City Civil Courts and Courts of Small Causes; and
(b) other courts;
It is not even mandatory to send a legal notice as there is no specific provision/enactments of law that make it mandatory to issue a legal notice before filing a suit. A legal notice is generally issued by an advocate on behalf of his/her client for the purpose of soliciting a settlement.
Legal notice for recovery of money is a formal intimation between two people warning the other before a formal legal action is taken to get their due payment. Believe it or not, but yes you can send a legal notice for recovery of money from a friend as well, in case he/she owes you a lot.