Civil Procedure Code, 1908, Order 37, Rule 1(2) -- Pronote - Summary suit - Promissory note insufficiently stamped - Even an insufficiently stamped document could be looked into by the Court after impounding the same in accordance with law - At this stage Court can look into the contents of the document as the said document could not be made invalid merely because the same..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Suit instituted by presenting plaint - In the cause title of the suit it is specifically mentioned that the suit is one under Order 37 CPC and the same is mentioned immediately after stating that the suit is for recovery of Rs.94, 000/- - In paragraph 6 of the plaint also it is mentioned that the suit be..........
Civil Procedure Code, 1908, Order 37, Rule 1, Negotiable Instruments Act, 1881, Section 138 -- Summary suit for recovery of money due in respect of dishonoured cheque - The law permits the plaintiff to take out both Civil and Criminal proceedings - Both proceedings can be continued simultaneously - Both remedies are independent of each other - Thus passing of a decree will..........
Civil Procedure Code, 1908, Order 37, Rule 2, 3 -- Summary suit - Plaintiff-tenant filed suit against landlord for recovery of Rs.50 lacs given to the defendant as security and Rs.10, 55, 000 by way of interest - Claim for interest not based on any agreement or any enactment - Relief not in terms of O.37.R.2 - Summary suit not tenable - Unconditional leave to defend..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Exparte decree - Setting aside - Defendant has to show 'special circumstances' U.O.37.R.4 but not 'sufficient cause' in terms of S.5 of Limitation Act - Period of limitation is 30 days as provided under Art.123 and not three years as provided under Art.137 of Limitation Act. (Limitation Act, 1963, S.5, Arts...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error apparent on face of record - Summary suit - Exparte decree - Setting aside - Court proceeded on basis that defendant has shown sufficient cause or such sufficient cause can be accepted by imposing costs - But Court should have applied principle of `special circumstances' - It is an error apparent on the face of..........
Specific Relief Act, 1963, Section 6 -- No provision in Code of Civil Procedure providing that possession can be recovered only by a person who has a title to the property - Possession by itself a substantive right recognised by law and has legal incidents attached to it apart from ownership - Section 6 provides summary remedy to person dispossessed of immovable property..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Unconditional leave to defend - Summary suit by Bank - Bank had been purchasing Hundis and making payments though alleged Bills not being honoured - Leave granted without any condition upheld in view of law laid down by Supreme Court in M/s. Sunil Enterprises JT 1998(3) SC 641...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequently instituted suit - Provision is applicable to summary suit filed under Order 37 of the Code only after the Court or Judge grants leave to the defendant to contest the suit...........
Civil Procedure Code, 1908, Section 10, Order 37 -- Stay of subsequently instituted suit - Provision is applicable to summary suit filed under Order 37 of the Code only after the Court or Judge grants leave to the defendant to contest the suit...........
