How to File a Civil Suit for Recovery of Money or Property in India
How to File a Civil Suit for Recovery of Money or Property in India – Step-by-Step Guide
In day-to-day life, many people lend money, deliver goods, or provide services with the expectation of fair repayment. But when the other side refuses to pay back—despite repeated requests—legal action becomes necessary.
That’s where a Civil Suit for Recovery comes into play.
This blog explains the legal process, documents required, and how to approach a court in India for recovering money, goods, or personal belongings.
?? What is a Civil Suit for Recovery?
A civil suit for recovery is a legal case filed by a person (the plaintiff) to recover:
Unpaid money (loan, invoice, fees, advance)
Movable property (jewelry, electronics, furniture, etc.)
Compensation for loss or breach of agreement
It is filed before a civil court under the Code of Civil Procedure, 1908.
?? When Can You File a Recovery Suit?
You can file a civil recovery suit when:
Someone borrowed money and refused to return
A customer received goods/services but didn’t pay
A friend or relative withheld your property
A cheque bounced and civil remedy is required
Rent remains unpaid despite reminders
? Step-by-Step Process to File a Civil Suit in India
1?? Step 1: Send a Legal Notice
Before going to court, it's ideal to send a legal notice asking the other side to pay or return goods. This shows that you tried resolving the matter amicably.
2?? Step 2: Draft the Plaint
A plaint is your formal complaint filed in court. It includes:
Names and addresses of both parties
Facts of the case (timeline of events)
Exact amount or item to be recovered
Supporting laws and relief sought
This must be signed and verified by you and your advocate.
3?? Step 3: Pay Court Fees & File Case
Court fees vary depending on the amount claimed. The court clerk will help calculate it.
You file the suit in the appropriate civil court based on:
Value of your claim (jurisdiction)
Location where the transaction occurred
4?? Step 4: Court Issues Summons
Once filed, the court issues summons to the defendant. If they ignore or don’t appear, ex-parte judgment can be passed.
5?? Step 5: Trial and Evidence
Both parties present:
Oral evidence
Written documents (invoices, bank records, messages, emails)
The court may also allow cross-examination and witnesses.
6?? Step 6: Final Judgment
After hearing arguments, the court delivers a judgment:
Orders payment with interest, or
Orders return of goods
May also award legal costs
?? Documents Required
Proof of transaction (invoice, agreement, bank transfer)
ID proof of plaintiff
Address proof of both parties
Legal notice (if already sent)
Power of attorney if someone else is filing on your behalf
? What is the Limitation Period?
Civil suits must be filed within 3 years from the date the amount or property became due.
After that, the case may be barred by the Limitation Act, 1963.
?? Pro Tips
Always keep written communication with clients or borrowers
Try to record acknowledgments or partial payments
Never ignore limitation periods
Hire an experienced lawyer to frame strong pleadings
?? Need Help Filing a Recovery Suit?
At LawTrix.in, we specialize in:
Legal notices
Civil suits for recovery
Court appearances and filing
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