Civil Procedure Code, 1908, Order 37, Rule 4-- Summary suit - Exparte decree - Setting aside and grant of leave to defend - In an application for setting aside ex parte decree passed U.O.37 CPC special reasons are required to be shown by defendant and has also to show reason for grant of leave to defend...........
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - While giving leave to defend the suit the Court shall observe the following principles: (a) If the Court is of opinion that the case raises a triable issue then leave to defend should ordinarily be granted unconditionally - The question whether the defence raises a..........
Civil Procedure Code, 1908, Order 37, Rule 3, 5-- Summary suit - Leave to defend - Suit based on bounced cheques - Plea that cheques were stolen and then misused - Plea stood falsified by other documents like undertaking and receipt executed by defendant - Order dismissing leave to defend calls for no interference...........
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Contention that defence raised by defendant is to be seen in the absence of plaintiff's case as set up in the plaint - Not correct - Court in absence of pleadings in the plaint cannot really appreciate the defence raised by the defendant...........
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Money suit by claiming that agreement was void as consent was obtained by fraud and misrepresentation and that it was opposed to basic policy and aimed at unjust enrichment - Leave to defend - Court merely to see whether the defence raised by defendant is..........
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - To be granted when there is a triable issue...........
Civil Procedure Code, 1908, Order 37, Rule 1(2), Negotiable Instruments Act, 1881, Section 6-- Suit on basis of dishonoured cheque - Suit is maintainable as a summary suit...........
Civil Procedure Code, 1908, Order 37, Rule 1(2)-- Summary suit on the basis of dishonoured cheque - Cheque issued towards repayment of loan - Summary suit is maintainable...........
Civil Procedure Code, 1908, Order 37, Rule 1(2)-- Summary suit - On the basis of dishonoured cheque - Defendant admitted that loan was advanced - Issuance of cheque towards its repayment also admitted - Defence plea that entire amount was repaid but no evidence to substantiate the same - Defence raised for the first time as no reply sent to..........
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - Plea that defendant was not served with summons for judgment - Trial Court holding that once the summons in substituted form is served then there is no need to issue summons for judgment - O.37.R.3 prescribes that defendant should file appearance within ten days of..........
