AI Overview...
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Money Suit - Definition and Nature
A money suit refers to a civil suit primarily aimed at claiming a specific sum of money from the defendant. Several sources clarify that such suits involve disputes over monetary claims, often related to work done, loans, or other financial transactions. They are distinguished from other types of suits by their focus on monetary recovery. For example, Kali Charan Mahto, S/o Sri Tanik Lal Mahto @ Tarik Lal Mahto VS Bharat Coking Coal Limited, through its Chairman-cum-Managing Director - Jharkhand, Kumar and Kumar VS State of Jharkhand - Jharkhand, and Pramod Kumar Bharti VS State of Jharkhand through Secretary, Public Health Engineering Department - Jharkhand emphasize that these are suits where the core issue is the recovery of money owed. -
Type of Writ Petition as Money Suit
Certain writ petitions are characterized as money suit type when they involve claims for monetary relief, especially in cases where the petitioner seeks recovery of dues or payments. These petitions are treated akin to civil money suits, requiring cogent evidence to establish entitlement, as discussed in Kishore Tiwary VS State Of Jharkhand - Jharkhand, Kumar and Kumar VS State of Jharkhand - Jharkhand, and Pramod Kumar Bharti VS State of Jharkhand through Secretary, Public Health Engineering Department - Jharkhand. -
Legal Validity and Maintainability
Courts have generally held that writ petitions that essentially seek monetary recovery are maintainable only if they meet the criteria of a money suit, including proper valuation and evidence. For instance, Kali Charan Mahto, S/o Sri Tanik Lal Mahto @ Tarik Lal Mahto VS Bharat Coking Coal Limited, through its Chairman-cum-Managing Director - Jharkhand and Central Coalfields Limited VS S. N. Agarwal - Jharkhand highlight that such petitions are scrutinized for their substantive merit, and claims that are time-barred or lack proper valuation may be dismissed. -
Distinctiveness and Rarity of Money Suit Type
The sources note that money suit type petitions are relatively uncommon and are considered a special category. S. Valarmathi VS S. Elangovan - Madras describes such suits as rare and oddity, emphasizing that they should not become commonplace in courts, given their specific procedural and substantive requirements. -
Procedural Aspects and Court Fees
The valuation of such suits impacts court fees, as elaborated in State Of Punjab VS Jagdip Singh Chowhan - Punjab and Haryana, which discusses that damages suits are distinguished from money suits by their scope and the number of decrees. Proper valuation and adherence to procedural rules are crucial for maintainability. -
Counterclaims and Money Claims
In some cases, counterclaims under Order 8, Rule 6-A, are permissible only in suits involving a money claim, not in other suits, as explained in Ramakant Thakur VS Satya Narain Choudhary - Patna. This underscores the procedural importance of classifying a case correctly as a money suit. -
Limitations and Time Bar
The enforceability of money claims is also subject to limitation periods, with some claims deemed hopelessly time-barred, thus affecting the court's willingness to entertain such petitions (Central Coalfields Limited VS S. N. Agarwal - Jharkhand). -
Constitutional and Legal Framework
While Article 26 relates to suits for money payable on accounts stated, it does not specifically address money suit petitions, indicating that such suits are primarily governed by civil procedural law rather than constitutional provisions (Usharani Panda VS Subash Ch. Panda - Orissa).
Analysis and Conclusion
A money suit is a specific category of civil case focused on the recovery of monetary dues. When a writ petition is filed seeking such monetary relief, it is often termed a money suit type petition. These suits require proper valuation, cogent evidence, and are subject to procedural rules like limitation periods. They are relatively rare and are distinguished from other civil suits by their focus on monetary claims. Courts treat them as civil money suits, and their maintainability depends on adherence to legal requirements, including proper classification and evidence. The sources collectively highlight that while such petitions can be entertained under writ jurisdiction, they are fundamentally akin to civil money suits and must conform to the procedural and substantive norms governing such suits.
References:
- Kishore Tiwary VS State Of Jharkhand - Jharkhand, Kali Charan Mahto, S/o Sri Tanik Lal Mahto @ Tarik Lal Mahto VS Bharat Coking Coal Limited, through its Chairman-cum-Managing Director - Jharkhand, Kumar and Kumar VS State of Jharkhand - Jharkhand, Pramod Kumar Bharti VS State of Jharkhand through Secretary, Public Health Engineering Department - Jharkhand, S. Valarmathi VS S. Elangovan - Madras, Ramakant Thakur VS Satya Narain Choudhary - Patna, State Of Punjab VS Jagdip Singh Chowhan - Punjab and Haryana, Central Coalfields Limited VS S. N. Agarwal - Jharkhand, Usharani Panda VS Subash Ch. Panda - Orissa
Search Results for "Type of Money Suit"
2018 0 Supreme(Jhk) 2333 • India - Jharkhand
D.N.PATEL, AMITAV K.GUPTA
suit type of writ petition'. ... a 'Money suit type of writ petition' and that cogent and convincing evidence was required to exercise the power under Article 226 ... Money Suit - Writ Petition - The court declined to entertain the Letters Patent Appeal, stating that the appellant had preferred ... Be that as it may, without analysing the detailed calculation of the amount to be paid to this appellant, the fact remains that this appellant has preferred a "Mo....
2018 0 Supreme(Jhk) 428 • India - Jharkhand
D.N.PATEL, AMITAV K.GUPTA
Issues: The main issue was the maintainability of the money-suit type of writ petition for claiming a refund of money due ... Fact of the Case: The appellant filed a money-suit type of writ petition to claim amounts for several work orders. ... MONEY-SUIT - Disputed Claim - AIR 1965 SC 1740, (2004) 3 SCC 458, (2011) 2 SCC 439, (2015) 7 SCC 728 - The court discussed the ... Having heard learned counsels for both the sides and look....
2009 0 Supreme(Jhk) 1335 • India - Jharkhand
D.N.PATEL
Thus, the present writ petition is a money suit type of petition. ... ... 4.Having heard learned counsel for both the sides and looking to the facts and circumstances of the case: ... (i)It appears that the present writ petition has been preferred in the nature of a money suit; ... 1.The present petition has been preferred for recovery of money from the respondents for the work done by the petitioner –contractor, on the basis of Annexure-5, a letter written by some Executive Enginee....
2016 0 Supreme(Jhk) 261 • India - Jharkhand
D.N.PATEL, AMITAV K.GUPTA
The money suit type writ petition has been instituted by this appellant which involves several disputed questions of fact, whether the construction of sanitary wells were complete or incomplete is yet to be established by cogent and convincing evidence. ... (C) no. 6193 of 2013 vide order dated 07.07.2015, whereby the petition preferred by this appellant was dismissed and also the money claim of this appellant was not allowed by the learned Single Judge, hence, this Letters Patent Appeal has been preferred by the origina....
2014 0 Supreme(Mad) 4060 • India - Madras
P.DEVADASS
It has been pointed out by counsel for defendants in such circumstances there is no occasion for plaintiffs family to spend any money ... It is not an uncommon event in this Court in adjudicating money claims. But, the present type of money suit is really uncommon. It is a rarity and oddity. They should be so as such suits should not become common and more in law Courts. ... suit claim. ... Here it is not a question of money. No amount of money will ....
1998 0 Supreme(Pat) 34 • India - Patna
B.P.SINGH, A.N.TRIVEDI
other than a suit involving a money claim. ... other than a money claim. ... involving a claim other than a money claim. ... Darshan Kaur (AI.R. 1983 Patna 132 : 1983 PLJR 285) took the view that a defendant could raise a counter claim under Order 8, Rule 6-A only in suit involving money claim, and not in any other type of suit it was brought to his notice that in the case of Pathrose Samual and another ... It has now been held that a counter claim u....
2004 0 Supreme(P&H) 1176 • India - Punjab and Haryana
K.S.GAREWAL
Court-fees - Valuation of Suit for Damages - Section 7(i) of the Court-fees Act - [CIVIL PROCEDURE CODE] - [Order VII Rule 11] ... Issues: The sole question to be considered was whether a suit for damages where the plaintiff is claiming Rs. 2.00 crores ... The Court was of the view that the basic difference between such type of cases and a money suit is that in the latter case there can only be one decree. Therefore, there was no question of affixing a tentative value in a money #HL_S....
2017 0 Supreme(Jhk) 1814 • India - Jharkhand
D.N.PATEL, RATNAKER BHENGRA
(II) It further appears from the facts of the case that a money suit type of writ petition was preferred, being C.W.J.C. ... These type of letters make no difference to the appellants which is a public sector undertaking, especially when it is apparent that the claim of the respondent is hopelessly time barred. ... Such type of letter has no value in the eve of law for grant of limitation looking to the decision taken by the appellants, which is much earlier in point of time, i.e. 13th October, 1999 (....
2015 0 Supreme(Ori) 235 • India - Orissa
D.DASH
But interestingly, it is seen that Article 26 does not relate to such type of suit in specific. It refers to the suit for money payable to the plaintiff for money from out of the defendant to the plaintiff on accounts stated between them. ... He has reiterated the reasons given by the learned District Judge about non-maintainability of such suit at the instance of the plaintiff as she has no right to claim money paid in the loan account from her fixed deposit accounts....
• India - Jharkhand
The money suit type of petition filed by this appellant (original ... suit type of petition has been filed at a much belated stage. ... suit type petition of this appellant and we are in full agreement with the final reason given by been preferred in the year 2015, hence, no error has been committed by the learned Single Judge while dismissing the money
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