Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Setting aside decree - While deciding an application U.O.37.R.4 CPC Trial Court does not sit as a Court of appeal over its own judgment and decree - Power envisaged by said provision of law is for setting aside the decree `under special circumstances' only...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Setting aside decree - Trial Court failed to enumerate even a single special circumstance which is so grave, exceptional or extraordinary in nature that it warrants the setting aside of decree - Decree was not made ex-parte - Grounds like summary suit was not filed in proper form and no original..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Leave to defend - While granting leave to defend Court imposed condition to give bank guarantee of Rs.15 lac within a period of one month - Defendant raised triable issues in his defence - Reasons not given for concluding that defence is either sham or illusory or is merely a moonshine - Court is..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Recovery suit - Leave to defend - Sought on the ground that plaintiff has taken advantage of financial conditions of defendants - Not a single document placed on record by defendants to support their stand - Court must consider grant of unconditional leave in such cases where defendant is able to raise triable issue or..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Substituted service - If there is failure on part of plaintiff to serve the defendant in the normal way, only then question of substituted service arise - Service through publication has itself caused miscarriage of..........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Recovery suit - Once defendant has admitted his liability and did not move petition for leave to defend within the statutory period, in that eventuality, trial Court has rightly decreed the suit of plaintiff...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Unconditional leave to defend - Grounds on which leave to defend sought, plausible for the reasons : (i) of the loan in repayment of which cheque is claimed to have been given, being in cash and without any writing; (ii) there being nothing to show that there was a loan transaction; (iii) when the parties executed a..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Ex parte decree passed U.O.37.R.3 - Setting aside - Plea that proper instructions could not be given to Advocate to defend the suit - Held, it is not a special circumstance within meaning of O.37.R.4 CPC to set aside the decree...........
Civil Procedure Code, 1908, Order 37, Rule 3(5), 7 -- Recovery suit - Leave to defend - Triable issue - Letter of credit - Defendant Bank failed to inform plaintiff regarding acceptance or refusal of document within prescribed period of time - Thus, there was clear violation of provisions under Uniform Custom and Practice for Documentary Credits (UCP500) especially with..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money by Bank - Defendant No.2 issued cheques in favour of defendant No.1 - Amount of Rs.29,000/- was withdrawn by defendant No.1 while there was insufficient funds in account of defendant No.2 - Said amount was credited in account of defendant No.1 by mistake of bank officials - Held, defendant No.1..........
