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 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..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Admission - Law permits a suit to be decreed on an admission - A suit filed as a summary suit, even if not maintainable as a summary suit, is liable to be converted into an ordinary suit which may result in a decree passed, if an admission surfaces...........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit for recovery - Liquidated demand has to be concerning an amount which can be made certain by mathematical calculations from factors which are or ought to be in possession or knowledge of party to be charged - It must thus exclude demands which need to be quantified after determining disputed facts...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - When defendant raises a triable issue or a reasonable defence, defendant is entitled to unconditional leave to defend...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend is granted even in cases where defendant upon disclosing a fact, though lacks the defence but makes a positive impression that at the trial the defence would be established to plaintiff's claim - Only in cases where defence set up is illusory or sham or practically moonshine, plaintiff is..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Not positively and immediately clear that defendant has a defence - However, facts leading to inference that defendant may be able to establish a defence to the plaintiff's claim - Held, plaintiff is not entitled to judgment and defendant is entitled to leave to defend - In such a case Court..........
