Search Results for "CPC Order XXXVII"

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Search Results for "CPC Order XXXVII"

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High Court

Gujarat High Court Allows Restoration of Summary Suit Under Order XXXVII CPC After 669-Day Delay, Holding That Liberal Approach Is Required When Plaintiff Was Misled by Counsel. The court set aside the trial court's order dismissing the restoration application and condoned the delay, emphasizing that litigants should not suffer due to advocate negligence.

9 Mar 2026

The petitioner, P and P Packaging, filed a Special Civil Application under Article 227 of the Constitution of India before the Gujarat High Court chal...

High Court

Madras High Court Allows Revision Petition in Summary Suit Due to Advocate's Medical Emergency — Sets Aside Ex-Parte Decree Under Order 37 Rule 4 CPC. Non-Appearance of Advocate Due to Medical Emergency Constitutes Special Circumstance Warranting Setting Aside Ex-Parte Decree When Defendant Has Triable Defense and No Delay.

27 Feb 2026

The revision petitioner, R. Ettiraj, was the 1st defendant in a summary suit (O.S. No. 4110 of 2024) filed by the respondents P. Kubendiran and M.K. K...

High Court

Bombay High Court Allows Petition Challenging Conditional Leave to Defend in Summary Suit — Triable Issue Found, Condition of Deposit Set Aside. Petitioners Entitled to Unconditional Leave to Defend Under Order XXXVII Rule 3 CPC as Facts Disclosed a Triable Issue Regarding Liability for Loan Disbursed Directly to Builder.

16 Oct 2025

The petitioners, Sanjay Mahadeoprasad Trivedi and Sneha Sanjay Trivedi, filed a writ petition under Article 227 of the Constitution of India challengi...

Supreme Court

Supreme Court Dismisses Appeal as Infructuous in Summary Suit Recovery Case — Suit Decree Rendered Interim Order Challenge Moot. The appeal against an interim order under Order XXXVII CPC became infructuous as the suit was decreed during the appeal, and no challenge to the decree was brought to the Court's notice.

14 Jun 2024

The appeal arose from an order of the High Court of Karnataka in a writ petition concerning a summary suit under Order XXXVII CPC. The respondents/pla...

High Court

Bombay High Court Grants Summary Decree in Favor of Plaintiff for Recovery of Outstanding Amount for Supply of Ready-Mix Concrete. Court holds that defendant failed to appear despite service, and plaintiff established a prima facie case for summary judgment under Order XXXVII of CPC.

29 Nov 2019

The plaintiff, Skyway RMC Plants Pvt. Ltd., instituted a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908, for recovery...

High Court

Bombay High Court Allows Appeal Against Conditional Leave to Defend in Commercial Summary Suit Based on Dishonoured Cheque — Reduces Deposit Amount from Full Cheque Value to 50%. The court held that a triable defence of blank cheque issuance warrants a less onerous condition for leave to defend under Order 37 CPC and Commercial Courts Act, 2015.

11 Jun 2018

The case arises from a Commercial Summary Suit filed by the respondent/plaintiff (Motilal Laxmichand Salecha HUF) against the appellant/defendant (Mou...

High Court

Bombay High Court Allows Leave to Defend in Summary Suit for Recovery of Price of Goods Allegedly Defective. The Court held that the defendant's claim of defective goods raised a triable issue, entitling it to unconditional leave to defend under Order 37 of the Code of Civil Procedure, 1908.

16 Apr 2018

The Petitioner, Minda Vast Access System Private Ltd., filed a Writ Petition under Article 227 of the Constitution of India challenging the order date...

High Court

Bombay High Court Grants Ex Parte Decree in Summary Suit for Recovery of Liquidated Sum Under Written Contract. Plaintiff Entitled to Decree Under Order XXXVII Rule 2(3) CPC as Defendant Failed to Appear Despite Service.

30 Sep 2014

The plaintiff, M/s. NRP Entertainment & Network Pvt. Ltd., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the d...

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit for Unpaid Freight Charges Due to Triable Issues. Oral assurance of credit period and freight prepaid arrangement creates disputed questions of fact requiring trial under Order 37 CPC.

28 Jul 2011

The plaintiffs, IAL Logistics India, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against defendants Quantum Interna...

High Court

Bombay High Court Grants Summary Judgment for Recovery of Price of Goods Sold and Delivered Under Order XXXVII CPC — Defendant Fails to File Reply to Summons for Judgment. Interest Reduced from 18% to 12% per annum as Court Exercises Discretion Under Order XXXVII Rule 3(6)(a) CPC.

14 Jan 2011

The plaintiff, Chandur Moriani, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant, Vinod Gada, for r...

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