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Results of civil procedure code o 37 leave to defend

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Showing : 1-10 of 180 Results

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Both the parties have failed to produce any material on record in support of their claim - Defence set up by defendant in his objection is triable issue which entitles defendant to unconditional leave to contest the suit as contemplated U.O.37.R.3(5) CPC - Unconditional leave..........

JAMMU AND KASHMIR AND LADAKH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendants admitted the execution of works by plaintiff as also bill amount payable to them being deposited in Treasury, in objections to motion laid by plaintiffs seeking initiation of mediation process - However, defendants withheld this fact from Court - Trial Court rightly..........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Cannot be sought by defendant at the stage when he enters appearance in response to summon for appearance - If application for leave to defend had been made at that stage by defendant, it ought to be dismissed as premature...........

JAMMU AND KASHMIR AND LADAKH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - If any part of amount claimed by plaintiff is admitted by defendant to be due from him, leave to defend the suit cannot be granted unless the amount so admitted to be due is deposited by defendant in Court...........

JAMMU AND KASHMIR AND LADAKH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defence put up by defendants in the application for leave to defend boarders on peripheral issues and not on main issue relating to question as to whether they owe money to the plaintiff - Defence put by defendants in their application for leave to defend appears to be illusory..........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Loan transaction - Amount claimed in suit is not based on any document executed between parties or by defendant - Defendant has taken a categorical stand that entire loan amount was already repaid with interest - Admittedly, amount was received through cheques - Detailed..........

MADRAS HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Suit on the basis of purchase of goods on credit - Debit notes prepared by defendant not claimed to be accepted by plaintiff - Poor quality of goods not mentioned in the reply notice by defendant - Defendant cannot invent something as a valid defence for the purpose of..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend is granted : (i) in the case of substantial defence, defendant is entitled to unconditional leave; (ii) even in case of a triable issue on a fair and reasonable defence, defendant is ordinarily entitled to unconditional leave to defend; (iii) in case of doubts about intent of defendant or..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Defendant No.1 has contested its liability with assertion that it had only been the contractor executing work of defendant No.1 - Cheques allegedly towards part payment against supplies made by plaintiff, had been issued by defendant No.1 - Defendant No.2 thus, raised indeed triable issues,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Recovery suit - Leave to defend granted - Challenge as to - It is for trial Court to exercise its discretion to ascertain as to whether or not, evidence is required to be adduced qua money claims to be adjudicated by way of trial - No irregularity in impugned order and thus, no interference warranted in impugned order of..........

Showing : 1-10 of 180 Results