Civil Procedure Code, 1908, Order 37, Rule 3(4)(5) -- Summary suit - Defendant cannot be permitted to file reply or defence in a summary suit without leave of Court...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant not disputed the fact that cheque stands issued by him which bears his signatures, in order to pay back Rs.10 lacs to plaintiff - Vague plea is raised by defendant that such cheque was issued to defendant No.2 - However, no corroborative material has been placed on..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Procedure for appearance of defendant - In a summary suit, next date should not be mentioned except requiring the defendant to cause his appearance before the Court within ten days from the date of receipt of summons - If he fails to appear within the said ten days, plaintiff will be entitled for a..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Conditional leave to defend - Imposition of condition to deposit an amount in the Court before proceeding further is justifiable and that grant of leave by a Court U.O.37 CPC to defendants to defend the case is discretionary in nature...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Conditional leave to defend - Order of trial Court granting conditional leave was never called in question by either of parties - Said plea cannot be entertained by High Court while adjudicating appeal filed against impugned judgment of decreeing suit...........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit for recovery - Court trying a suit U.O.37 CPC is within its powers to pass a decree U.O.37.R.3(6) CPC in favour of plaintiff forthwith on account of failure of a defendant to comply with conditions upon which leave is granted...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Relationship between petitioner as erstwhile tenant and landlord not in dispute - Fixation of fair rent confirmed upto Apex Court - Hence, for recovery of fair rent, suit is filed which needs no further deliberation - Leave to defend rightly rejected...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Granted with condition to deposit an amount of Rs.15 lakhs in Court - Defendants failed to deposit the said amount even till date - Application filed by defendants for modification of said order of imposing condition rejected - Order passed by trial Court is within powers..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Both the parties have failed to produce any material on record in support of their claim - Defence set up by defendant in his objection is triable issue which entitles defendant to unconditional leave to contest the suit as contemplated U.O.37.R.3(5) CPC - Unconditional leave..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendants admitted the execution of works by plaintiff as also bill amount payable to them being deposited in Treasury, in objections to motion laid by plaintiffs seeking initiation of mediation process - However, defendants withheld this fact from Court - Trial Court rightly..........
