Hey learned experts, I’m facing an issue with filing a recovery suit. I had lent Rs. 10,00,000 (ten lakhs) to someone on different dates, and I have 5 separate promissory notes for those amounts. Now, I tried to file a single recovery suit for all the promissory notes, thinking I could just pay separate court fees for each note. But the court returned my suit, telling me I have to file separate suits for each note.
Can anyone advise me on whether there’s a way to file a single suit for all 5 promissory notes? Or do I have no choice but to file separate suits? Thanks in advance for any help!
Hey, sorry to hear about the trouble! Unfortunately, the court might be following procedure here. Each promissory note could be treated as a separate contract, which might be why they’re asking you to file individual suits. I think you should check if there’s any way to consolidate the claims, but that could depend on local laws. I’d say it’s worth consulting a lawyer to see if there’s a workaround.
@Lyle
Thanks for the quick response! Yeah, I guess it’s just frustrating to have to file separate suits when all the transactions are with the same person. I’ll look into whether consolidating is possible.
I think the court might be following a technicality here, and as XYZ said, each promissory note is probably seen as an independent transaction. You might have to file separate suits unless you can show that all the loans were part of a single, larger transaction. If that’s not the case, you’ll have to follow the court’s direction. Best of luck!
You might want to speak to a lawyer to see if there’s any room to argue that these promissory notes are linked in a way that allows for a consolidated suit. But in most cases, the court treats each promissory note as its own separate contract, so filing individual suits might be unavoidable. Just make sure you’re clear on the fees involved, and good luck!
@Vail
Thank you for the advice! Yeah, looks like I might have to just go with individual suits. I’ll be speaking with a lawyer to make sure I’m doing this the right way.
In my experience, the court’s decision makes sense. Each promissory note represents a separate loan, so filing separate suits might be the only way to recover your money. It’s annoying, but it should make the recovery process smoother in the long run. Hang in there!
One option could be trying to negotiate with the person you lent the money to before going through the whole legal process. If they’re willing to settle, you might save yourself a lot of hassle and court fees.