Suit Under Order XXXVII Rule 2 CPC For Recovery Of Amount With Profit

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IN THE COURT OF DISTRICT JUDGE RAWALPINDI

Muhammad Anwar Khan son of Said Anwar Khan R/o House No. 5, Street No. 42, Sector F-8/1, Islamabad.
Plaintiff
Versus
Saeed Ahmed son of Muhammad Ali R/o House No. 314, Street No. 18, Estridge Society, High Court Road, Rawalpindi
Defendant

SUIT UNDER ORDER XXXVII RULE 2 CPC FOR RECOVERY OF RS. 45,00,000/- WITH PROFIT

Respectfully Sheweth:

  1. That the plaintiff is a responsible and law abiding citizen of Pakistan, belongs to a respectable family, highly educated and a retired civil servant of higher grade.

  2. That the plaintiff entered into an agreement with the defendant for purchase of a House No. 4-C, Plot NO. 4-C, Street No. 1-B, Size 567 Sq. Yds, Phase-1, Bahria Town, Rawalpindi against payment of Rs. 4,00,00,000/- (Rupees Four Crore only) whereas, Rs. 75,00,000/- (Rupees Seventy Five Lacs only) was paid in following manner:

i. Rs. 10,00,000/- (Rupees Ten Lacs only) through Cheque No. 56278678 13 dated 22-03-2020, Allied Bank, I-8 Markaz, Branch Islamabad,
ii. Rs. 15,00,000/-(Rupees Fifteen Lacs only) through Cheque No. 1347918475, dated _________ Allied Bank, I-8 Markaz, Branch Islamabad.
iii. One Toyota Corolla GLI, unregistered, Model 2019, Body No. NZE-17R-4181111, Engine No. Z555398 wroth Rs. 25,00,000/- (Rupees Twenty Five Lacs only.
iv. Toyota Corolla GLI, Registration No. ALD-142 Colour: White, Model 2018, chassis No. NZE170R-4142232, Engine No. Z516340 worth Rs. 25,00,000/- (Rupees Twenty Five Lacs only.

  1. That in the meanwhile, when the plaintiff visited the proposed house it was found that the house has been sold out to some other person by the actual owner on 27/28-08-2019 which was very surprising for him, he immediately contacted the defendant in order to clarify the position. The defendant told the plaintiff that he will arrange another house in the same area or return the amount already paid to him i.e Rs.75,00,000/- but it is submitted neither he could arrange another house nor could he return the said amount even after lapse of more than two and half years, hence not honoured his commitment.

  2. That the plaintiff had no option but to proceed against defendant in the police department therefore he approached the concerned Police Station and lodged an FIR No. 1783/21 offence under section 406 PPC, P.S Airport, Rawalpindi.

  3. That the defendant applied for his bail before arrest, which was dismissed by the Court of learned ASJ, Rawalpindi. After dismissal of his pre arrest bail, he filed his pre arrest bail before the Honourable Lahore High Court Rawalpindi Bench, Rawalpindi. During the pendency of bail application, the defendant sought some time from the Honourable Court for affecting a compromise between him and plaintiff, and on such request of defendant, the Honourable Court granted some time to the defendant for affecting a compromise with plaintiff.

  4. That thereafter a written compromise deed was executed between the plaintiff and defendant, according to which, the defendant paid a sum of Rs. 5,00,000/- in cash and also handed over two Cheques (1) Cheque No. 106204929 dated 20-01-2022 amounting to Rs. 15,00,000/- (2) Cheque No. 106204930 dated 20-06-2022 amounting to Rs. 45,00,000/-. Remaining amount of Rs.10,00,000/-was forgiven by the plaintiff to defendant.

  5. That the petitioner presented one of the above said Cheques No. 106204929 amounting to Rs. 15,00,000/- for encashment but same got dishonoured due to closure of bank account. On the date of hearing in bail proceedings, the plaintiff informed the Honourable Lahore High Court about dishonoring of above said Cheque and the fraud committed by defendant. The Honourable Court confronted the situation with defendant and defendant reprimanded for his fresh misdeed, admitted his fault and also handed over cash amount of Rs. 15,00,000/- to the plaintiff later on, against above said dishonoured Cheque No. 106204929 amounting to Rs. 15,00,000/-

  6. That as the above said dishonoured Cheque No. 106204929 amounting to Rs. 15,00,000/- was of a closed account, therefore second Cheque No. 106204930 amounting to Rs. 45,00,000/- previously given to plaintiff by defendant was also not encashable because this Cheque was also of same closed account. In such situation, the defendant issued another Cheque bearing No. 2443285596 dated 20-06-2022 of ABL to the plaintiff before the Honourable Lahore High Court Rawalpindi Bench in lieu of Cheque No. 106204930 with the assurance of its encachment on 20-06-2022. On such assurance/ written undertaking of defendant, the ad interim pre arrest bail of defendant was confirmed by the Honoruable High Court on 02-02-2022. It is pointed out that court in its order dated 02-02-2022, apprised the defendant in unequivocal terms that if the Cheque of Rs. 4. Million will be dishonoured, it will entail consequences of cancellation of bail as well as registration of fresh FIR.

  7. That the plaintiff presented the said Cheque for encashment three times but same got dishonoured every time due to insufficient amount.

  8. That after the dishonouring of the above said cheque, the plaintiff contacted the defendant for the payment due against him but the defendant started using dilly delaying tactics and till today, has not paid the said amount to the plaintiff.

  9. That the cause of action finally accrued when defendant refused to pay the said amount, which is still continuing.

  10. That the cause of action accrued in Rawalpindi, hence this Honourable Court has jurisdiction to adjudicate upon the matter.

  11. That the plaintiff is ready to affix the maximum court fee as and when ordered by this Honourable Court.

PRAYER:

Under the circumstances, it is therefore most respectfully prayed that a decree for recovery of Rs 45,00,000/-(Rupees forty Five Lacs only) along with profit under order XXXVII Rule 2 CPC may kindly be passed in favour of plaintiff and against the defendant.

Any other relief which this Honourable Court may deem fit and proper, may also be awarded in favour of plaintiff.

Plaintiff
Through

Muhammad Mateen
Advocate High Court
VERIFICATION:

Verified on oath at Rawalpindi on ____day of October, 2022 that the contents of the plaint from Para No. 1 to 7 are true to the best of my knowledge and belief and rest of the paras are believed to be correct as per information received.
¬Plaintiff