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 reasonable defence, although..........
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 passed..........
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..........
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 -..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend refused - Passing of decree automatic and consequent...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Unconditional leave to defend - Contract contemplating reciprocal promises - Plaintiff to seek specific performance of contract in case there is breach by defendant - Issue raised by defendant as to maintainability of suit entitles him for grant of unconditional leave to defend the suit which is granted...........
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 triable issue or not has to..........
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...........
