Category: Legal Drafts

When Is a Money-Recovery Suit Used?

When someone owes you money and refuses to pay, and a written demand has failed, you can file a civil suit to recover it. This applies to unpaid loans, unreturned advance payments, unpaid invoices for goods or services supplied, and bounced-payment debts (in addition to the separate criminal remedy under Section 489-F PPC). A "plaint" is the written statement of your claim filed in a civil court — it is the document that starts the case.

3 Prerequisites Before Filing

  1. Cause of action — There must be a clear, completed reason to sue: a loan given, goods delivered, or an amount agreed and not paid. The plaint must state when the debt arose and how the defendant failed to pay.
  2. Limitation — A suit for recovery of money lent is governed by Article 57 of the Limitation Act, 1908, which allows three years from the date the money was lent (or from the date of the last part-payment, if acknowledged in writing). If you file after this period, the suit will be dismissed even if the money is genuinely owed. Check your dates carefully.
  3. Court fee and jurisdiction — Pay ad valorem court fee on the amount claimed, and file in the court whose territorial jurisdiction covers the place where the debt was contracted or where the defendant resides or works. The plaint must state the valuation for both jurisdiction and court fee. Undervaluing the claim to save fee, or filing in the wrong district, are common reasons suits get rejected at the threshold.

Under the Code of Civil Procedure, 1908 (CPC), a plaint must contain the particulars set out in Order VII Rules 1 and 2: the name of the court, the plaintiff's and defendant's details, the cause of action, the valuation, and the relief claimed.

THE PLAINT

IN THE COURT OF THE SENIOR CIVIL JUDGE / CIVIL JUDGE, [CITY/DISTRICT]

Suit No. ______ / 20___

[FULL NAME OF PLAINTIFF], S/o, D/o, W/o [FATHER'S/HUSBAND'S NAME], CNIC No. [__________________], R/o [COMPLETE ADDRESS OF PLAINTIFF]

…PLAINTIFF

VERSUS

[FULL NAME OF DEFENDANT], S/o, D/o, W/o [FATHER'S/HUSBAND'S NAME], CNIC No. [__________________], R/o [COMPLETE ADDRESS OF DEFENDANT]

…DEFENDANT

Suit for Recovery of Rs. [AMOUNT IN FIGURES] (Rupees [AMOUNT IN WORDS])

May it please the Court:

  1. Plaintiff. That the Plaintiff is a citizen of Pakistan, resident at the address given above, and is filing this suit in his/her own right to recover money lawfully due from the Defendant.
  1. Defendant. That the Defendant is the person described above, who is legally liable to pay the Plaintiff the amount claimed herein.
  1. The transaction. That on [DATE], at [PLACE], the Defendant borrowed the sum of Rs. [AMOUNT] from the Plaintiff for [PURPOSE — e.g., personal need / business purposes]. The said amount was paid by the Plaintiff to the Defendant in [cash / bank transfer / cheque, with details: e.g., bank account no. / cheque no. dated].
  1. Acknowledgment. That the loan/debt is acknowledged by [receipt / written agreement / cheque / bank transfer record / SMS / WhatsApp messages — attach copies], copies of which are appended as Document Nos. 1 to ___.
  1. Terms. That it was agreed between the parties that the said amount would be repaid by the Defendant on or before [DATE] [or: on demand], [together with / without] interest at the rate of [RATE, if any agreed] per annum.
  1. Default. That the Defendant failed to repay the amount by the agreed date. Despite the Plaintiff's repeated verbal demands, the Defendant kept putting off payment on one pretext or another and has not paid any amount to date. No part of the loan has been repaid, and no set-off or adjustment is due to the Defendant.
  1. Legal notice. That the Plaintiff, having lost patience, served a legal notice dated [DATE] upon the Defendant through [registered post AD / courier], demanding payment of the said amount within [7 / 14 / 15] days. The Defendant [received the notice and gave an unsatisfactory reply dated [DATE] / received the notice but gave no reply / evaded receipt, and the notice was returned undelivered]. Copy of the legal notice along with proof of service is appended as Document No. ___.
  1. Amount due. That the Defendant is therefore liable to pay the Plaintiff Rs. [PRINCIPAL AMOUNT], being the principal sum due, along with [interest thereon, if claimed] and the costs of this suit. The Plaintiff claims pendente lite and future interest, as the Defendant has wrongfully withheld the amount and deprived the Plaintiff of its use.
  1. Cause of action. That the cause of action first arose on [DATE OF LOAN/TRANSACTION], again on [DATE OF PROMISED REPAYMENT], again on [DATE OF LEGAL NOTICE], and is a continuing cause of action that subsists to date.
  1. Jurisdiction. That the whole cause of action arose within the territorial jurisdiction of this Honourable Court [or: the Defendant resides within the jurisdiction of this Honourable Court], and this Court has jurisdiction to try and decide this suit.
  1. Valuation. That for the purposes of jurisdiction and court fee, the suit is valued at Rs. [AMOUNT], and court fee of Rs. [AMOUNT] has been paid thereon, the receipt whereof is appended.
  1. Limitation. That the suit is within time. Under Article 57 of the Limitation Act, 1908, the period of limitation for a suit for money lent is three years from the date the money was lent, and the present suit has been filed well within that period.
  1. Prayer. In the premises stated above, the Plaintiff most respectfully prays that this Honourable Court may be pleased to:

(a) Pass a decree in favour of the Plaintiff and against the Defendant for the recovery of Rs. [AMOUNT IN FIGURES] (Rupees [AMOUNT IN WORDS]), being the principal amount due;

(b) Award [pendente lite and future] interest on the decretal amount at the rate of [RATE] per annum from the date of the suit till realization;

(c) Award the costs of this suit in favour of the Plaintiff; and

(d) Grant any other relief that this Honourable Court deems fit and proper in the facts and circumstances of the case.

Drawn by: [NAME, ADVOCATE, if any] Dated: [DATE]

____________________ [PLAINTIFF'S SIGNATURE / THUMB IMPRESSION]

VERIFICATION

I, [FULL NAME OF PLAINTIFF], S/o, D/o, W/o [FATHER'S/HUSBAND'S NAME], resident of [ADDRESS], do hereby verify that the contents of paragraphs 1 to [13] of the above plaint are true and correct to my personal knowledge, and that nothing material has been concealed therefrom. The relief claimed is as stated and no part of it has been received.

Verified at [PLACE] on this [DATE] day of [MONTH], 20___.

____________________ DEPONENT

DOCUMENTS APPENDED WITH THE PLAINT

  1. CNIC copy of the Plaintiff.
  2. Receipt / written acknowledgment / agreement of the loan (if any).
  3. Bank transfer record / cheque copy / bank statement evidencing payment.
  4. Screenshots of SMS / WhatsApp / email communications acknowledging the debt (if any).
  5. Copy of the legal notice with proof of service (registered post receipt / courier slip).
  6. Court fee receipt.

FILING CHECKLIST

  • Confirm the suit is within the 3-year limitation period under Article 57, Limitation Act, 1908 (from the date of lending, or the last written acknowledgment of part-payment).
  • Serve a written legal notice on the debtor and keep proof of service before filing.
  • File in the court of proper jurisdiction — where the debt was contracted or the defendant resides.
  • Calculate valuation correctly and affix proper ad valorem court fee.
  • Include every Order VII Rule 1 particular: court name, parties, cause of action, valuation, relief claimed.
  • Attach documents supporting the debt and the notice, properly numbered and referenced in the plaint.
  • Sign the plaint and the verification clause; false verification attracts legal consequences.
  • Keep copies of everything filed for your record, including the stamped plaint and fee receipt.
  • Alternative route: If the debt arises from a written contract, promissory note, or bounced cheque, a summary suit under Order XXXVII CPC can give a faster decree without a full trial.
  • Consider mediation or settlement at any stage — courts encourage compromise, and a compromise decree is enforceable like any other.

Note: This is a general template for information purposes, adapted to standard CPC requirements. For a live case, have it reviewed by a practicing advocate in your district before filing.

The Bottom Line

This article provides general legal information for readers in Pakistan and is not legal advice. For advice about your own situation, consult a qualified advocate.