Case Note & Summary
The plaintiff, Indian Cancer Society, a registered society, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the defendant, Madhusudan K. Jani, for recovery of outstanding rent and municipal taxes for the period from 19th January 1989 to 20th January 1992. The suit was maintainable in the Bombay High Court by virtue of a notification dated 11th January 1988. The defendant was served with summons, as evidenced by an affidavit of service filed on record, but failed to appear on any date. Consequently, the matter was listed under the caption 'for ex parte decree'. The plaintiff filed an affidavit dated 18th March 2009 of Dr. Arun P. Kurkure in support of the plaint averments and documents. The court took the affidavit on record and exhibited the documents collectively as Exhibits 1 to 14, noting that they remained uncontroverted. The plaintiff restricted its claim to Rs.1,34,910.75. The court decreed the suit ex parte, directing the defendant to pay the said sum with interest at 9% per annum from the date of decree until payment and realization. No order as to costs was made.
Headnote
A) Civil Procedure - Summary Suit - Order 37 CPC - Ex Parte Decree - Suit for recovery of rent and municipal taxes - Plaintiff filed suit under Order 37 CPC for outstanding rent and municipal taxes from 19th January 1989 to 20th January 1992 - Defendant failed to appear despite service - Court decreed suit ex parte based on uncontroverted affidavit and documents - Held that plaintiff is entitled to decree for Rs.1,34,910.75 with interest at 9% p.a. (Paras 1-6).
Issue of Consideration
Whether the plaintiff is entitled to a decree for outstanding rent and municipal taxes in a summary suit under Order 37 CPC when the defendant fails to appear and the plaintiff's evidence remains uncontroverted.
Final Decision
Suit decreed ex parte. Defendant to pay Rs.1,34,910.75 with interest at 9% p.a. from date of decree till payment and realization. No order as to costs.
Law Points
- Summary suit under Order 37 CPC
- Ex parte decree
- Uncontroverted affidavit evidence
- Interest at 9% per annum
