Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Unconditional leave to defend granted by Single Judge - Order complied with - Order ought not to have been interfered with by the Division Bench...........
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Unconditional leave to defend can be granted : (a) If the defendant satisfies the court that he has a good defence to the claim on its merits the plaintiff is not entitled to leave to sign judgment and the defendant is entitled to unconditional leave to defend; (b)..........
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - Cheque - Summary suit on the basis of cheque which is dishonoured is maintianble...........
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - Suit for recovery - In respect of amount of cheque there is no defence - Order granting unconditional leave amended and defendant directed to deposit the cheque amount in trial Court within six weeks...........
Civil Procedure Code, 1908, Order 37, Rule 3, 4-- Summary suit - Leave to defend - Not applied within 10 days of service of summons - Decree passed - Application to set aside exparte decree - Summons as prescribed in Form No.4-A issued to defendant contrary to Sub-rule (4) & (5) of Rule 3 of Order 37 CPC - Summons no where mentioned that before..........
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - Suit for recovery of money on account of goods supplied - Claim divided into two parts - For one part of claim, triable issue was found whereas part of claim was such for which no defence was available with defendant - held, Court rightly protected interest of..........
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Settled account - Summary suit on a settled account is maintainable as settling of accounts gives rise to a written contract on a fresh cause of action, with an implied promise to pay the amount settled...........
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Can only be filed if there is a written contract...........
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Not maintainable on basis of an implied promise to pay...........
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Bill of exchange or promissory note - Not duly stamped - Summary suit is not maintainable...........
