SUIT AGAINST GUARANTOR

IN THE COURT OF THE MUNSIFF AT Chennai

O.S. No. 255/2017

Mr. V . Vasan,
Vasan Appliances,
Nungambakam,
Chennai 600039. Plaintiff
v.

Mr. Nirmal Defendant

And

Mr. Balu Defendant

PLAINT FILED UNDER ORDER VII RULE 1 OF CPC FORSUIT AGAINST

GUARANTOR

The Plaintiff above named submits as follows:

1. Mr. V. Vasan, the plaintiff, the sole proprietor of vasan appliances has a branch
situated at nungambakam, Chennai 600039.

2. The Address of the Plaintiff for service of all Notices and other processes from this
Court of Law is that of his Advocate Mr.H. Soman , B.A., LL. B (Hons), having his
office at No. 102, 2nd Cross Street, mylapore, chennai 600052
3. The Defendant Mr. Balu the son of Mr. Balan , Hindu, aged about 30 years residing at
Flat No. 223, college road, egmore, Chennai-600044 which is also the address for
service of all summons and other notices from this Court of Law.
4. The Defendant Mr. Nirmal the son of Mr. Durai raj, Hindu, aged about 40 years
residing at Opposite skyline Building, Hyderabad main road, Hyderabad 700030
which is also the address for service of all summons and other notices from this Court
of Law.
5. The plaintiff, therefore states that Mr. Nirmal the defendant had agreed to buy the
laptop for Rs.1,00,000 on a credit basis on 02.03.2015. The second defendant Mr.Balu
signed as the guarantor for the above mentioned amount. The Plaintiff had
 approached Mr. Nirmal who failed to respond properly regarding the payment of the
money and an advocates notice was sent on 15.7.2015.
6. The defendant no:2 is a friend of defendant No:1 and both are known to each other for
the past 5 years.
7. That the def. No: 1 approached the plaintiff on 28.02.2015 for the purchase of Acer
laptop model No:AZ12654432 worth Rs. 1,00,000 on credit basis.
8. As the defendant no:1 is not a resident of Chennai and transaction was to take place
on credit basis, the plaintiff asked the defendant to provide for a guarantor who put
guarantee the outstanding payment.
9. That the defendant no:2 agreed to be the guarantor for defendant no 1
10. The defendant no: failed to make payment of the instalment as agreed.
11. Even after repeated reminder by the plaintiff defendant no:1 did not make any
payment.
12. As a last cause of action the plaintiff sent a legal notice to def. 1 and 2 on 15.07.2015
and even after the defendants failed to make the payment that were due.
13. The Plaintiff states that the cause of action for this suit arose at Chennai on
02.03.2015 the date of which the laptop was bought and on 15.07.2015 when the
notice was sent to the Defendant.
14. The Plaintiff states that this Honble Court has jurisdiction to try the suit as the whole
cause of action arose at Chennai and values the suit at Rs.1,00,000 and pays thereon
court fee as prescribed in the Court Fees Act, 1870.
15. The Plaintiff therefore prays for a Judgment and Decree against the Defendant
i. for the amount of Rs1,00,000 which the Plaintiff is entitled to
ii. for Costs of the suit and
iii. for such other reliefs which the Plaintiff is entitled.

VERIFICATION
I, sole proprietor of Vasan Appliances, the Plaintiff above named, do hereby verify and state
that the allegations/averments set out in Paras 1 to 6are based on knowledge, what has been
stated in Para 7 is based on information and what has been stated in Para 8 is based on belief
and that the same is true.
(Signature of the plaintiff)