Civil Procedure Code, 1908, Order 37, Rule 1 -- Money suit - Legally enforceable liability - Defendant issued a cheque for a sum of Rs.1,00,000/- and same was dis-honoured - Plaintiff instituted complaint against defendant u/s.138 of N.I. Act and later on same was withdrawn - Held, withdrawal of said complaint would only go to indicate that there was no legally enforceable..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Purchase order was placed by plaintiff with defendant for supply of material - Goods were transported under ownership - G.R.Receipt was to be obtained by consignee from bank after making payment - On production of said G.R.Receipt carrier was to deliver goods to consignee - Plaintiff not mentioned in his..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Agreement as relied is registered, but except signatures of the parties at the bottom on each pages, the handwritten figures are unsigned - The allegations that those figures were handwritten, added subsequently, just cannot be overlooked at this stage - There is a dispute raised about the figure/amount also -..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Unconditional leave to defend - Application filed beyond 90 days period of limitation and that too without application for condonation of delay - Application cannot be allowed - Held, on merits that mere bald assertion that defendant had paid substantial amount without specifying amount paid, conclusion..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - A suit can be filed U.O.37 only if it falls within the ambit of sub rule (2) of rule 1 - These are suits based on documents such as bills of exchange, hundies, promissory notes, written contracts, enactments or guarantee deeds...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - To be granted where defendant raises a defence which is substantial in nature and is not frivolous or vexatious - Leave has to be granted after hearing the parties - If defendant does not apply for leave to defend within 10 days of service of summons then plaintiff is entitled to a judgment in..........
Civil Procedure Code, 1908, Order 37, Rule 3(4), Civil Procedure Code, 1908, Order 9, Rule 13 -- Summary suit - Ex parte decree - Setting aside of - Summons for judgment in Form 4A in Appendix B was not served on counsel for defendant as contemplated U.O.37.R.3(4) - Court below had posted the case only after 4 days after defendants entered appearance and passed an ex parte..........
Civil Procedure Code, 1908, Order 37, Rule 6 -- Loan - Recovery suit - Loan was granted by plaintiff bank to defendants for purchase of tractor - Defendants duped by tractor dealer - They remained completely silent when plaintiff was asking defendants to take necessary action - Defendants also withdrew their suit filed against tractor dealer or got said suit dismissed in..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Leave to defend - Grant of - Held, leave to defend shall not be refused unless Court is satisfied that facts disclosed by defendant do not indicate that he has a substantial defence to raise or defence intended to be put up by defendant is frivolous or vexatious...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to contest - Defendant virtually has no legal defence to the case of plaintiff - Held, defendant is not entitled to leave to contest the suit...........
