Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendants admitted the execution of works by plaintiff as also bill amount payable to them being deposited in Treasury, in objections to motion laid by plaintiffs seeking initiation of mediation process - However, defendants withheld this fact from Court - Trial Court rightly..........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 3 -- Summary suit for recovery - Non-appearance of defendant - Condonation of delay - O.37.R.3 CPC clearly provides for defendant to make his appearance before Court within a period of 10 days after service of summons - However, defendant after a period of 20 days made his appearance before Court and presented..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Cannot be sought by defendant at the stage when he enters appearance in response to summon for appearance - If application for leave to defend had been made at that stage by defendant, it ought to be dismissed as premature...........
Civil Procedure Code, 1908, Order 21, Rule 30, 37, 38, 39, 40 -- Execution - Arrest of JD - JDs are officers of Government and issuing warrant against them without issuing arrest notice cannot be sustained...........
Civil Procedure Code, 1908, Order 21, Rule 37, 38 -- Execution of decree by sending J.D. to civil imprisonment - D.H. did not produce any evidence to establish that J.D. has means to discharge the decree amount, except pleading that he is an Advocate - Execution petition rightly dismissed - However, DH is at liberty to file fresh execution petition as per law...........
Civil Procedure Code, 1908, Order 13A, Rule 3, Civil Procedure Code, 1908, Order 37 -- Summary judgment - Plaintiff in a summary suit which is converted into commercial suit cannot loose both rights of pronouncement of judgment U.O.37.R.3 CPC as well as seeking summary judgment U.O.13-A CPC...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Issuance of warrants of arrest - Failure to join proceedings in obedience of notice U.O.21.R.37(1) CPC - Whether the petitioners were duly served or not, can only be proved by leading cogent evidence - However, since the petitioners are pleading at this stage to join proceedings, petitioners directed to put..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - If any part of amount claimed by plaintiff is admitted by defendant to be due from him, leave to defend the suit cannot be granted unless the amount so admitted to be due is deposited by defendant in Court...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defence put up by defendants in the application for leave to defend boarders on peripheral issues and not on main issue relating to question as to whether they owe money to the plaintiff - Defence put by defendants in their application for leave to defend appears to be illusory..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Loan transaction - Amount claimed in suit is not based on any document executed between parties or by defendant - Defendant has taken a categorical stand that entire loan amount was already repaid with interest - Admittedly, amount was received through cheques - Detailed..........
