Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Written contract contemplated under Order 37 need not be signed by both the parties - However, the writing must be such to arrive at a conclusion that an agreement certainly has been brought into existence and that the claim made under such an agreement ought to be indisputable...........
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Requirement before a summary suit lies are : (1) There must be a concluded contract; (2) The contract must be in writing; (3) The contract must contain an express or implied promise to pay...........
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Acknowledgments, writing or receipt - Not possible to lay down any precise test as to when a summary suit would lie on an acknowledgment writing or receipt - That would depend firstly on the document itself, the practice, usage and customs of the trade as also the facts of each..........
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Tests are : (a) If the defendant satisfies the Court that he has a good defence to the claim on merits, the defendant is entitled to unconditional leave to defend; (b) If the defendant raises a triable issue indicating that he has a fair or bona fide or reasonable..........
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - Leave to defend - Principles governing : (a) If the defendant satisfies the Court that he has a good defence to the claim on merits, the defendant is entitled to unconditional leave to defend; (b) If the defendant raises a triable issue indicating that he has a fair or bona fide or..........
Civil Procedure Code, 1908, Order 37, Rule 3, 4, Civil Procedure Code, 1908, Order 9, Rule 13-- Summary suit - Exparte decree after filing of written statement - Remedy is to apply to set aside exparte decree U.O.9.R.13 and not U.O.37.R.4 CPC...........
Civil Procedure Code, 1908, Section 96, 105(1), Order 37, Rule 3(5)-- Summary suit - Leave to defend - Refusal - Decree passed could either be under O.37.R.3(6) or it could be based on affirmative evidence and the documents produced or even based on oral evidence - In case appellate Court set asides the order and gives defendant leave to defend then decree that is..........
Civil Procedure Code, 1908, Section 96, Order 37, Rule 3(5), Constitution of India, 1950, Article 227-- Summary suit - Leave to defend - Dismissal of application - Final judgment and decree passed - Appeal thereagainst lies u/s 96 CPC - Instead of filing an appeal a petition under Article 227 of Constitution of India filed - Ordinarily when an appeal lies petition under Article 227 of Constitution..........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Section 105(1), Order 37, Rule 3(5), 3(6), 4-- Theory of `Dependent Order' - Applicability - Summary suit - Application for grant of leave to defend refused by Court - Final judgment and decree passed - Appeal not filed - Application under Article 227 filed - Order refusing leave to defend set aside - Decree passed not to go automatically -..........
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend refused - Passing of decree automatic and consequent...........
