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Results of o 37 civil procedure code suit s

Showing : 11-20 of 300 Results

DELHI HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Reply to application filed instead of filing application of "leave to defend" - However, reply filed to the application clearly set out the grounds of defence and indicate the respondent's intention to contest the suit - Discrepancy in not filing an application styled as "leave..........

DELHI HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 37, Rule 3(4) -- Summary suit - O.37.R.3(4) CPC only requires plaintiff to serve summons for judgment in prescribed form - It does not contemplate filing any application or eliciting any response to such application...........

DELHI HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Leave to defend - Defendant raised triable issues but has not advanced a defence which entitles it to unconditional leave to defend - Defences raised by defendant are plausible but do not answer to the standard of fair or reasonable - Leave to defend rightly granted to defendant - Interest of..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 37, Rule 5(3) -- Summary suit for recovery - Conditional leave to defend - Factum of commercial relations between parties may be ground for institution of summary suit, but cannot per se be justification for grant of conditional leave sans proper consideration of defence from materials on record...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 37, Rule 5(3) -- Summary suit for recovery - Conditional leave to defend - If Court is satisfied of a plausible or probable defence and which defence is not considered a sham or moonshine, but yet leaving certain doubts in the mind of Court, it may grant conditional leave to defend - There is thus, an element of discretion vested in Court..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 37, Rule 5(3) -- Summary suit for recovery - Conditional leave to defend - Commercial dealing between parties - Summary suit for recovery filed during pendency of prosecution under N.I Act, which was subsequently unconditionally withdrawn - Plaintiff had option to institute a summary suit at very inception of dispute, but it consciously..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 37, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 5 -- Recovery suit for loan amount - Undefended suit - Defendant never denied and in fact admitted the loan amount received from plaintiff in reply to letters issued by plaintiff - In fact defendant never denied the oral agreement executed between parties - However, defendant never came..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 37 -- Summary suit - Burden and initial onus in summary procedures lie entirely on defendant to establish, at least prima facie that defence projected by defendant is not flimsy or mere moonshine...........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 20(c), Order 37 -- Territorial jurisdiction - Summary suit for recovery of money - Plaint is specific as to cause of action, or at least a part of it, having arisen within jurisdiction of City Civil Court, question of City Civil Court not having any jurisdiction does not arise at all...........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery of money - Leave to defend - Plaintiff not only categorically alleged about loan transactions in question including subsequent disbursal of amounts by defendant by way of repayment of loan - He also substantiated such claims prima facie by producing relevant cheque, bank statements and documents..........

Showing : 11-20 of 300 Results