Civil Procedure Code, 1908, Order 37, Rule 2, 3 -- Summons for judgment never issued - Decree passed - Void and without jurisdiction inspite of the fact that defendant appeared in response to summons for appearance and sought leave to defend which was granted on the condition of deposit of entire suit amount and the defendant failed to deposit - Appeal cannot be dismissed..........
Civil Procedure Code, 1908, Order 37, Rule 1, 2 -- Summary suit - Receipt unstamped - Summary suit is not maintainable - In a summary suit admissibility of documents has to be seen at the time of filing of the suit - Contention that on payment of penalty receipt can be admitted in evidence - Not tenable...........
Civil Procedure Code, 1908, Order 37, Rule 1, 2 -- Summary suit - Leave to defend - Interest in addition to principal sum claimed - Receipt in question silent in regard to payment of interest and rate thereof - In absence of any stipulation regarding payment of interest and rate of interest the same can be decided only on basis of evidence to be led by parties -..........
Civil Procedure Code, 1908, Order 37, Rule 5 -- Leave to defend - Defendant is entitled to unconditional leave to defend if a triable issue is raised indicating bona fide defence - Truth or otherwise of the issue is not at all relevant consideration in granting such leave - Defendant taking a specific plea in written statement denying execution of bill of discounting and..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Suit to enforce bank guarantee - In absence of pleading as to fraud and finding thereto unconditional leave to defend cannot be granted...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Supply of goods on credit basis - Suit for recovery of money - Suit is not covered under Order 37 CPC as suit is neither based upon bills of exchange, promissory notes and hundies nor the amount sought to be recovered is on a written contract or enactment where the amount sought to be recovered is a fixed amount of money or..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money on account of non - payment for goods supplied on the basis of order slips issued by officials of defendants and delivered on challan on credit basis and bills issued, payments of items to be made within a week of delivery - Suit an ordinary suit for recovery - Not a suit under Order 37 Rule 1...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31, Civil Procedure Code, 1908, Order 37 -- Summary suit by Bank - Suits of all kinds including summary suit and other proceedings covered by S.31 - Consequently summary suit also stands transferred to Tribunal and only ministerial act of transmission is left to the Court...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Unconditional leave to defend - Suit for recovery by Bank - Plea of limitation - Bank neither seeking extension of time on basis of acknowledgment, nor that suit is based on last entry of current account - Held, defendant is entitled to unconditional leave to defend on ground of limitation...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -Proviso - Leave to defend - Summary suit on basis of bills, acknowledgment and pronote - Defendant disputing only part of claim - Unconditional leave cannot be granted - Defendant must pay undisputed amount of claim as a condition of leave to defend against the disputed claim...........
