Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Not maintainable on basis of an implied promise to pay...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Bill of exchange or promissory note - Not duly stamped - Summary suit is not maintainable...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Written contract contemplated under Order 37 need not be signed by both the parties - However, the writing must be such to arrive at a conclusion that an agreement certainly has been brought into existence and that the claim made under such an agreement ought to be indisputable...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Requirement before a summary suit lies are : (1) There must be a concluded contract; (2) The contract must be in writing; (3) The contract must contain an express or implied promise to pay...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Acknowledgments, writing or receipt - Not possible to lay down any precise test as to when a summary suit would lie on an acknowledgment writing or receipt - That would depend firstly on the document itself, the practice, usage and customs of the trade as also the facts of each case...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Tests are : (a) If the defendant satisfies the Court that he has a good defence to the claim on merits, the defendant is entitled to unconditional leave to defend; (b) If the defendant raises a triable issue indicating that he has a fair or bona fide or reasonable defence, although not a..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Leave to defend - Principles governing : (a) If the defendant satisfies the Court that he has a good defence to the claim on merits, the defendant is entitled to unconditional leave to defend; (b) If the defendant raises a triable issue indicating that he has a fair or bona fide or reasonable defence, although..........
Civil Procedure Code, 1908, Order 37, Negotiable Instruments Act, 1881, Section 118 -- Pronote - Statutory presumption - Execution of pronote duly proved by examining attesting witness & scribe - Signatures on pronote & receipt admitted - Self serving statement that the signatures were obtained on blank papers cannot rebut presumption raised u/s 118 on the basis of proof..........
Civil Procedure Code, 1908, Order 37, Rule 3, 4, Civil Procedure Code, 1908, Order 9, Rule 13 -- Summary suit - Exparte decree after filing of written statement - Remedy is to apply to set aside exparte decree U.O.9.R.13 and not U.O.37.R.4 CPC...........
Civil Procedure Code, 1908, Section 96, 105(1), Order 37, Rule 3(5) -- Summary suit - Leave to defend - Refusal - Decree passed could either be under O.37.R.3(6) or it could be based on affirmative evidence and the documents produced or even based on oral evidence - In case appellate Court set asides the order and gives defendant leave to defend then decree that is passed..........
