Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit on the basis of cheque - Leave to defend - When defence raises a triable issue leave must be granted unconditionally whether the defence is legal or equitable and even through it may not ultimately turn out to be a good defence...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for damages - Cannot be instituted by way of a summary suit...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - For a summary judgment, ordinarily the original documents must be produced - In case original documents are not available, loss of original documents must be proved - Only because a suit had been entertained as a summary suit, the same by itself cannot be a ground for passing a judgment on mere asking...........
Civil Procedure Code, 1908, Section 128(2)(f), Order 37 -- Summary suit - Secondary evidence - Admissibility of secondary evidence is subject matter to evidence - Only if a court is to go into the evidence, presumptive evidence could also be taken into consideration - Although the burden may be on the defendant, he may discharge the same only when it is raised - Code does..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Proviso - Summary suit - Leave to defend - Shall not be refused unless Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous or vexatious ...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Can be granted unconditionally or upon terms as may appear to the Court or Judge to be just - It is discretion of the Court...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Unconditional leave to defend granted by Single Judge - Order complied with - Order ought not to have been interfered with by the Division Bench...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Unconditional leave to defend can be granted : (a) If the defendant satisfies the court that he has a good defence to the claim on its merits the plaintiff is not entitled to leave to sign judgment and the defendant is entitled to unconditional leave to defend; (b) If the defendant raises a..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Cheque - Summary suit on the basis of cheque which is dishonoured is maintianble...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Suit for recovery - In respect of amount of cheque there is no defence - Order granting unconditional leave amended and defendant directed to deposit the cheque amount in trial Court within six weeks...........
