Civil Procedure Code, 1908, Order 37, Rule 1(b) - - Summary suit - Jurisdiction to try - Prior to 1976 Amendment, District Court or any other Courts were not empowered to try suit summarily U.O.37 unless ordered by their respective State Governments - After 1976 Amendment, O.37.R.1(b) has been repealed and new R.1(b) has been introduced in its place - As per new rule, not..........
Civil Procedure Code, 1908, Order 37, Rule 1, Limitation Act, 1963, Article 113 -- Suit based upon bill of exchange payable by installments - Right to sue/cause of action would accrue/arise on each default by the payee of the bill of exchange and a fresh cause of action would accrue on each default unless the agreement of the parties pertaining to the bill of exchange..........
Civil Procedure Code, 1908, Order 37 -- Suit for recovery by partnership firm - Limitation - Goods sold and delivered vide invoice dated 26.1.2008 - Suit filed on 8.9.2010 - Held, suit is filed within time and is not barred by law of limitation...........
Civil Procedure Code, 1908, Order 37 -- Suit for recovery of price of goods supplied - No substance in the plea that goods covered by the suit invoice were by way of replacement or under sale promotion incentive scheme...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 37, Rule 4 - - Ex parte decree - Setting aside of - Held, it is settled law that ex-parte decree against defendant can only be set aside if he satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing and further in addition, there existed..........
Civil Procedure Code, 1908, Order 37, Rule 1, 3 -- Leave to defend - Suit for recovery of sum based on promissory note - Defendant No.1 applied for education loan and defendants Nos.2 and 3 were co-borrower and guarantor - Defendant No.4 is training providing company - Record produced shows that no training imparted by the fourth defendant to the first defendant and..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary sit - Collateral agreement by which defendant obtained loan from plaintiff - Plaintiff has right to file suit for recovery of money without proceeding against the collateral security - As the suit is filed U.O.37.R.2 and the parties having entered into written contract, the suit is maintainable as a summary suit -..........
Civil Procedure Code, 1908, Order 37, Rule 1(3) -- Summary suit - Bonafide defence - Defendant had taken loan from plaintiff and issued various cheques - If according to defendant his account was conduit and said agreements were made only as a comfort to the plaintiff, the defendant could have placed the same on record in writing or could have terminated the same in an..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Leave to defend - Defendant took loan from plaintiff - Defendant issued TDS certificate in favour of plaintiff - Defendant never treated the loan as if the same was on behalf of the joint account holders of the plaintiff - Joint holder of plaintiff are neither necessary parties nor proper parties to the suit -..........
Delhi Rent Control Act, 1958, Section 25B, Civil Procedure Code, 1908, Order 37, Rule 4, Limitation Act, 1963, Section 5 -- Eviction proceedings - Bona fide need - Leave to defend - Condonation of delay - Recalling of order - Held, S.25B of DRCA which provides for summary trial of applications for eviction on ground of bona fide requirement is a code in itself - Rent..........
