Case Note & Summary
The respondent, Prabha P. Shenai, instituted a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against M/s. Crown Maritime Company (India) Pvt. Ltd. (the appellant) for recovery of Rs.38,73,530.43 with interest. The respondent claimed that on 24 September 1996, the appellant sought a quotation for supply of M.S. Flanges and Bolt Nuts, and after the respondent furnished a quotation on 27 September 1996, the appellant placed an order on 28 September 1996. The respondent supplied the material on 5 October 1996, and the invoice was accepted by the appellant. A notice of demand was issued on 29 June 1998, and the suit was filed on 17 July 1998. The appellant was granted unconditional leave to defend on 11 August 2003, but failed to file a written statement. On 5 February 2009, the learned Single Judge decreed the suit as prayed, noting that the appellant had knowledge of the proceedings but did not file a written statement. The appellant, now represented by the Official Liquidator as the company was in liquidation, appealed against the decree. The Division Bench heard the appeal on 24 September 2013. The appellant's advocate was absent, and no one appeared for the appellant. The court noted that the appellant had not raised any defence and the appeal was devoid of merit. The appeal was dismissed for non-prosecution, and the decree of the learned Single Judge was upheld.
Headnote
A) Civil Procedure - Summary Suit - Order 37 CPC - Decree upon failure to file written statement - The respondent-plaintiff filed a summary suit for recovery of money. The appellant-defendant was granted unconditional leave to defend but failed to file a written statement. The learned Single Judge decreed the suit as prayed. On appeal, the Division Bench held that the decree was justified as the appellant had not raised any defence. (Paras 1-5) B) Civil Procedure - Appeal - Dismissal for want of prosecution - The appeal was dismissed for non-prosecution on 24 September 2013 as the appellant's advocate was absent and no one appeared. The court noted that the appellant had not raised any defence and the appeal was devoid of merit. (Para 5)
Issue of Consideration
Whether the learned Single Judge was justified in decreeing the summary suit under Order 37 CPC when the defendant failed to file a written statement despite being granted unconditional leave to defend.
Final Decision
The appeal is dismissed for non-prosecution. The decree of the learned Single Judge dated 5 February 2009 is upheld.
Law Points
- Summary suit under Order 37 CPC
- decree upon failure to file written statement
- leave to defend granted but not availed
- no defence raised
- appeal against decree dismissed
