Kush Kalra Money Suits and Law

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1. Definition of Money Suit:

• A money suit is a civil action brought by a plaintiff against a defendant for the recovery of a specific sum of money.
• The money claimed may arise out of:
  • Breach of contract.
  • Non-repayment of loans or advances.
  • Dishonored cheques.
  • Failure to pay for goods supplied or services rendered.

2. Jurisdiction and Forum:

• Money suits are filed in civil courts or commercial courts, depending on the nature of the claim and the amount involved.
• Jurisdiction is determined based on:
  • The monetary value of the claim.
  • The place where the cause of action arose or where the defendant resides or conducts business.

3. Laws Governing Money Suits:

• The Code of Civil Procedure, 1908 (CPC):
  • Provides the framework for filing, prosecuting, and defending money suits.
  • Includes provisions for pleadings, evidence, and execution of decrees.
• The Indian Contract Act, 1872:
  • Governs the legal validity of contracts and remedies for breach.
• The Negotiable Instruments Act, 1881:
  • Covers claims arising out of dishonored cheques or promissory notes.
• The Limitation Act, 1963:
  • Prescribes the time limits within which money suits must be filed (generally 3 years from the date of the cause of action).