IN THE COURT OF THE PRIL. JUNIOR CIVIL JUDGE AT : JAMKHANDI.

ORIGINAL SUIT NO. /2011

1) Shri. Maningappa S/o.Siddappa Mishennavar. Age: Years, Occu.: Agril. R/o. : Hulyal, Tq.: Jamkhandi. Dist.: Bagalkot. - - - - PLAINTIFF.

V / s.

1) Shri. Narendra S/o.Shankar Rathi. Age: Years, Occu.: Agril. R/o. : Hulyal, Tq.: Jamkhandi. Dist.: Bagalkot. - - - - DEFENDANT.

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PLAINT UNDER ORDER VII RULE 1 AND 2 OF C.P.C.

Suit for Recovery of money. Suit Claim Rs.53,000/- for all purposes.

HEREIN, the Plaintiff above named submits as under :

1) The addresses of the parties for the purpose of service of summons, notice etc., are as shown in the cause title of the Plaint. The address of the counsel for the Plaintiff for the similar purpose is;

SHRI. P. R. TUKKAPPANAVAR Advocate, “Basava Chetana”, Vartak Galli, Jamkhandi – 587301.

2) That the Plaintiff and the Defendant are well known to each other. That the Defendant was in need of money for his family necessities. And he asked a hand loan of Rs.50,000/- from the Plaintiff. And accordingly Plaintiff has given Rs.50,000/- to the Defendant to meet out his family necessities by this amount. On the same day the Defendant executed a Demand Promissory Note in favor of the Plaintiff on 31/10/2008 by receiving Rs.50,000/- from the Plaintiff. And further he agreed to repay the same when and where the demand for the repayment is made.

The Promissory note is annexed herewith, and the same may be treated as part and parcel of the plaint.

3) That the Defendant has not repaid the suit hand loan amount. The Plaintiff has requested the Defendant personally and also through elders for repayment of the said amount, but the defendant has not repaid, but went on postponing the repayment on one or the other reason by giving false promises. Plaintiff being fed up with the attitude of the defendant has ultimately issued Lawyer Notice to Defendant on 15/11/2010 by RPAD and calling upon him to pay the suit loan dues. But the same was returned with the postal endorsement of ‘addressee not found’. The Postal receipts of R.P.A.D. and the returned cover are annexed herewith.

4) Further, neither the Defendant repaid the amount nor he communicated the Plaintiff. Hence, being no way left the Plaintiff is constrained to file this suit for the recovery of principal amount Rs. 50,000/- + Lawyer notice cost Rs.3000/- + future interest at the rate of 18 % p.a. from the date of suit till its realization for which plaintiff is entitled along with other costs. 5) Cause of Action : The cause of action for the suit has arisen on 31/10/2008, when the suit loan was advanced and when the Plaintiff demand for the repayment and Defendant went on postponing the payment from time to time, subsequently it arose when the Defendant didn’t repaid the amount even after receiving suit notice and it is arising day to day.

6) Court Fee : This is a suit for recovery of money of Rs.53,000/- and the suit is valued U/Sec.21 of K.C.F. and S.V. Act 1958 and the court fee of Rs.3,225/- is paid on the suit claim of Rs.53,000/-.

The same is the valuation for the purpose of Advocate’s fees and jurisdiction of Hon’ble Court.

7) Jurisdiction : The Plaintiff and the Defendant are residing and the suit transaction has taken place are well within the jurisdiction of this Hon’ble Court, and the suit amount is Rs.53,000/-, hence this Hon’ble Court is competent to entertain and decide the suit.

8) That the suit is well within the limitation.

9) Prayer : Therefore, the Plaintiff prays that,

a) The Hon’ble Court may kindly be decreed the suit in favor of Plaintiff by directing the Defendant to pay the suit claim Rs.53,000/- .

b) The Hon’ble Court may kindly award interest at the rate of 18%P.A.on the suit claim from the date of institution of this suit till the realization of the full amount.

c) That the costs of the suit be awarded to the Plaintiff.

d) That any other just and equitable relief be granted in favor of the Plaintiff.

Place: Jamkhandi. Date : /02/2011 Plaintiff.

Verification

Herein I, the plaintiff do here by state that, the contents of above plaint paras are read over and explained to me in Kannada and the same are true and correct to the best of my knowledge, belief and information.

Place: Jamkhandi. Date : / 02 / 2011 Plaintiff.

PRESENTED BY

(P .R. TUKKAPPANAVAR) Advocate for plaintiff.

IN THE COURT OF THE PRIL. JUNIOR CIVIL JUDGE AT : JAMKHANDI.

ORIGINAL SUIT NO. /2011

1) Shri. Maningappa S/o.Siddappa Mishennavar. R/o. : Hulyal, Tq.: Jamkhandi. - - - - PLAINTIFF.

V / s.

1) Shri. Narendra S/o.Shankar Rathi. R/o. : Hulyal, Tq.: Jamkhandi. - - - - DEFENDANT.

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AFFIDAVIT

Herein I, Shri. Maningappa S/o.Siddappa Mishennavar. Age: Years, Occu.: Agril. R/o. : Hulyal, Tq.: Jamkhandi, today at Jamkhandi do hereby state on oath and makes this affidavit as under.

1) I’m the Plaintiff in this case and I know the facts of this case.

2) Facts stated in the para no.1 to 9 of the plaint are all true and correct.

Contents of the above affidavit are read over and explained to me in kannada, and the same are true and correct to the best of my knowledge, belief and information.

Place: Jamkhandi. Date: / 01 / 2011 Deponent

I know the Deponent.

(P. R. Tukkappanavar) Advocate, Jamkhandi.