Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Limitation starts from the date of receipt of summons under Form No.1 for the purpose of O.37.R.3(5) CPC...........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery - Loan amount - Dishonour of cheque - Defendant defaulted and not paid the amount with accrued interest and hence a cause of action has arisen - Whether petitioner ultimately succeeds is not relevant at this stage - Suit covered under definition of summary suit - Suit be registered as summary suit U.O 37 CPC..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit for recovery - Dishonour of cheque - Non-appearance of defendant within 10 days despite being served with summons - Allegations in plaint are deemed to be admitted and plaintiff is entitled to a decree for a sum not exceeding the sum mentioned in summons - However, trial Court erroneously while treating the suit..........
Civil Procedure Code, 1908, Order 37, Rule 2, 3 -- Summons - Mandatory obligation has been imposed upon plaintiff that plaintiff together with summons u/R.2 shall serve on defendant copy of plaint and annexure thereto and thereafter, defendant may at any time within 10 days of service enter an appearance either in person or by pleader - One defendants have not been served..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summons - Summons were ordered to be issued for respondent - Purpose contained in order was issuance of summons as required u/O.37.R.2 CPC subject to filing of process fee, copies of plain and documents - Admittedly, respondents were not served afresh in compliance with order - Held, that in veiw of interest of both parties,..........
Civil Procedure Code, 1908, Order 37, Rule 2(3) -- Summary suit - Non-appearance of defendant despite service of summons - All the allegations made in the plaint deemed to be admitted - Plaintiff is entitled to a decree - Case cannot be set up for evidence as averments made in the plaint are deemed to be admitted...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex parte decree - Setting aside - Notice of summons for judgment was served on defendants and not on their advocate as advocate was not available - Immediately after acquiring knowledge of decree being passed instant notice of motion came to be filed - It cannot be said that defendants have acted in negligence..........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit - Written contract - Purchase order is a written contract - Expression `written contract' does not say that it should be signed written contract - It is enough that there is written contract - Impugned order of Court refusing to treat the suit as one U.O.37 CPC set aside - Trial Court directed to issue..........
Civil Procedure Code, 1908, Order 37 -- Summary suit - Applicability of O.37 - Only prima facie matter has to be seen qua applicability of O.37 CPC, at the time of issuing summons in prescribed form - In case defendant takes up an issue with respect of maintainability of suit, same will be decided at the stage of deciding application for leave to defend...........
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..........
