Showing : 1-10 of 220 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(6)-- Summary suit - Leave to defend - Can be granted only when defendant raises genuine triable issues and not when defence raised is frivolous and vexatious...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Defendant has taken a definite stand that promissory note on the basis of which suit has been filed by plaintiff was not executed by him and same was forged and fabricated - Defence sought to be raised clearly shows triable issues in the case and..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Delay in seeking leave - Application for leave to defend not filed within period of 10 days from receipt of summons for judgment - Court below refused to grant leave to defend to defendant only on the ground that application seeking such leave not..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Defendants trying to mix two disputes into one which disputes are obviously distinct - Since all the pleas/allegations qua claim of Rs.7 crores of defendants is against MOU/Settlement hence cannot be considered - Defence raised in application for leave..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Error in summons by Trial Court cannot provide a defence to defendants to steal a march on plaintiff, which would entitle defendants to leave to defend, as objection is not directed against plaintiff but in fact is directed against Registry of Trial Court...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Suit based on dishonoured cheque of Rs.15 lakhs - Three payments were made by defendant after issuance of cheque - There is mere bald denial of receipt of these payments and effect thereof is not clear - Plaintiff does not say that despite said three..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Where defendant files leave to defend, Court may pass following orders: (i) dismiss leave to defend and thereby decree suit; (ii) grant conditional leave to defend upon such conditions as Court deems fit; and (iii) grant unconditional leave to defend...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - While granting conditional leave to defend, Court can also insist on the amount admitted by defendant to be deposited or furnishing of security by defendant during pendency of trial...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - In order to consider the question whether leave to defend should be granted or not, the suit should be based on "written" contract...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Agreement to sell - Earnest paid Rs.Six lakhs - Plaintiff having reasons to doubt as to defendant being exclusive owner of the property - Plaintiff called upon defendant to share chain of documents conferring title on him to which there was no response - Suit for..........

Showing : 1-10 of 220 Results