Search Results for "Order XXXVII CPC"

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Search Results for "Order XXXVII CPC"

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High Court

High Court of Karnataka Directs Special Court to Consider Order VII Rule 11 CPC Application in KPIDFE Act Proceedings — Rejection of Application as Not Maintainable Set Aside. The Special Court under KPIDFE Act must adjudicate maintainability applications under Order VII Rule 11 CPC on merits, as CPC applies to its proceedings.

8 Apr 2026

The petitioner, Smt. Vanitha S., filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at B...

High Court

High Court of Karnataka Allows Appeal in Summary Suit for Recovery of Money — Defendant Granted Leave to Defend as Triable Issues Exist. The court set aside the decree and remanded the matter for trial, holding that the trial court erred in not granting leave to defend under Order 37 Rule 3(6)(a) CPC.

23 Aug 2023

This appeal by the defendant is directed against the judgment and decree dated January 25, 2010 in O.S. No. 15450/2005 passed by the XXVI Addl. City C...

High Court

High Court of Karnataka Allows Revision Petition in Summary Suit Case — Sets Aside Leave to Defend Granted to Defendant Due to Lack of Triable Issues. The court held that unconditional leave to defend cannot be granted unless the defendant raises triable issues under Order XXXVII Rule 3(5) CPC.

7 Apr 2022

The petitioner, Metro Cash & Carry India Pvt. Ltd., filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) chall...

Supreme Court

Supreme Court Dismisses Appeal in Summary Suit Under Order XXXVII CPC Due to Absence of Triable Issues. Leave to Defend Rightly Denied as Invoices Constituted Written Contracts Establishing Appellant's Liability for Goods Supplied.

18 Jan 2022

The appeal arose from a summary suit for money recovery filed under Order XXXVII of the Code of Civil Procedure, 1908, by the plaintiff-respondent No....

High Court

Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Summary Suit — Defendant Failed to Show Sufficient Cause for Non-Appearance. Order XXXVII Rule 4 CPC Requires Strict Compliance with Conditions for Setting Aside Ex-Parte Decree.

1 Feb 2017

The appellant, Purnendu Shekharmal Jain, was the original defendant in Summary Suit No. 2539 of 2012 filed by M/s ACG Associated Capsules P Ltd. An ex...

High Court

Bombay High Court Quashes City Civil Court Order Directing Suit to Proceed Without Written Statement in Summary Suit — Conditional Leave Granted Under Order XXXVII CPC Cannot Be Ignored. Non-compliance with Deposit Condition Does Not Revive the Stage of No Written Statement; Proper Remedy Is to Seek Revocation of Leave.

9 Mar 2015

The petitioner, K R Patel HUF, filed a summary suit under Order XXXVII CPC against the respondents, M/s M M Developers and its partners, in the City C...

High Court

Bombay High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Non-Service of Summons for Judgment on Defendants' Advocate. Service on Defendants directly without prior attempt on advocate held insufficient under Order XXXVII CPC.

17 Dec 2014

The petitioners, original defendants in Summary Suit No.4914 of 2012, challenged the order dated 08.07.2013 passed by the City Civil Court, Mumbai, di...

High Court

Bombay High Court Sets Aside Ex Parte Decree in Summary Suit Due to Lack of Proper Service of Summons. Delay of 164 Days Condoned as Defendant Demonstrated Good Cause for Non-Appearance Under Order XXXVII of CPC, 1908.

15 Jul 2013

The plaintiff, Fountainhead Promotions & Events Pvt Ltd, filed a Summary Suit No. 874 of 2010 against the defendant, Gitanjali Lifestyle Limited, clai...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC.

5 Jan 2011

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises...

High Court

Bombay High Court Allows Appeal in Summary Suit Due to Defective Summons — Form 4 Instead of Form 4-A Under Order XXXVII CPC Renders Service Invalid. The court held that the summons must strictly comply with the prescribed form and failure to do so vitiates the service and the consequent decree.

6 Dec 2005

The appellant, Ramesh Shende, was the defendant in a summary suit filed by the respondent, Narayan Wakodikar, under Order XXXVII of the Code of Civil ...

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