Civil Procedure Code, 1908, Order 37, Rule 1, 3 -- Summary suit - Acknowledgment of amount due and issuance of cheques - Summary suit is maintainable - Leave to defend application dismissed for no, prosecution - Suit decreed - Interest payable 12% in case decretal amount is paid within three months and if not paid within three months then interest payable will be 18% per..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery of possession - Defendant admitted the relationship of landlord and tenant between her and plaintiff - Defendant's tenancy had been validly terminated by plaintiff u/s 106 T.P.Act, upon issuance of legal notice and if not so, then upon service of summons in suit on her along with accompanying..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit - Delay - Suit restored without there being an application for condonation of delay - Impugned order set aside - Matter remitted with direction to plaintiff to file application for condonation of delay with an opportunity to defendant to file reply and other material in rebuttal, hear both the..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Plaint can be rejected only when statement in plaint, without any doubt or dispute, discloses that suit is barred by limitation - Court is not empowered to consider the case of defendant at the stage of invoking the power U.O.7.R.11(d) CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 27 -- Appointment of local commissioner - Demarcation of suit land - Demarcation report was already carried out strictly as per statement of PW3 - Objection to demarcation report was not filed by defendant no.1 - At this belated stage, appointment of Local Commissioner cannot be..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing substantial question of law - Suit for perpetual injunction dismissed by both trial Court and first appellant Court - High Court committed error by reversing the judgment of trial Court and appellate Court without formulating substantial question of law and complying with mandatory requirements of S.100..........
Civil Procedure Code, 1908, Order 37 -- Summary suit - O.37 CPC is craved out as an exception to general rule of following principles of natural justice, as the subject matter of said provision deals with written instruments which on their fact ex facie show existence of liability of defendants and such instruments being dishonoured cheques, a written contract of..........
Civil Procedure Code, 1908, Order 37 -- Summary suit - O.37 CPC never allows filing of summary suit if amount which is claimed is the balance due at the foot of account...........
Civil Procedure Code, 1908, Order 37 -- Summary suit - O.37 CPC is maintainable with respect to principle amount provided that it is that principal amount which is claimed along with interest arising thereon as stated in written agreement...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - No averment in plaint referring to any specific document being written contract between parties containing liquidated amount as due and payable by defendant to plaintiff - Not even any supporting statement of account showing figure as balance due at the foot of account - There is no cause..........
