...Bakhshish Kaur, J.:— This revision petition has been preferred against the impugned judgment as the appellant was not allowed interest under Order 37 Rule 2(3) of the Code of Civil...Order 37 Rule 2(3) of the Code of Civil Procedure, the plaintiff bank is not entitled to future interest.6. Order 37 Rule 2(...37 Rule 2(3) of the Code. In this manner, the trial Court was in error in not allowing interest to the plaintiff-appellant.8. In the result, the revision petition is accepted...

.... Heard Sri Rajesh Kumar Singh, learned counsel for the petitioner. 2. It is contended that the plaintiff-petitioner filed suit under Order 37 C.P.C. for recovery of about Rs.69 lakhs before the Civil Jud...dispose of application 14Ga filed under Order 37 Rule 2(3) C.P.C., expeditiously, as directed by this Court vide Neutral Citation No. - 2022:AHC:679 1...statement filed by the defendant as well as the application under Order 7 Rule 11 C.P.C. filed by the defendant and fixed 08.11.2021 without deciding the application 14-Ga filed by the plaintiff and...

...impugned order dated 27.10.2008 Annexure P-2 adjourned the suit to 15.11.2008 for serving summons of judgment as per Order 37 Rule 3(4) CPC. Feeling aggrieved, plaintiff...Order 37 Rule 3(1) CPC, the suit cannot be decreed under Order 37 Rule 2(3) CPC. In the instant case, as per photos...Order 37 Rule 3(1) CPC, the annexures annexed to the plaint were also required to be served on the defendant but were not served and, therefore, there was no valid service. In support...

...plaintiff has become entitled to a judgment and decree in terms of Order 37 Rule 2(3) of the CPC.In view of the above the suit for the recovery of Rs. 9,73,687.79...Mohd. Shamim, J.(Oral):— This is a suit for the recovery of a sum of Rs. 9,73,687.79 together with pendente lite and future interest under Order 37 of the CPC.Bridfly stated...conditions contained in the letter dated January 7, 1986 alongwith a cheque of Rs. 3,42,678.88 as advance. The plaintiff accepted the said order. Subsequently, the plaintiff supplied to the defendant the...

...been sufficient has adjourned the case on 30.04.2024 for reply of the defendants. 4. Learned counsel for petitioner submits that in light of the provisions contained in Order 37 Rule 2 & ...petitioner confines his prayer only to a direction to the Civil Judge (Jr. Div.), Hawali, Lucknow to proceed with the summary Suit No. 198/2024 in accordance with the provisions contained in Order 37 Rule 2 & ...petitioner. 2. In light of the proposed order, notices to private respondents are dispensed with. 3. The petitioner has approached this Court by filing present writ...

...provision of Order 37 Rule 3 holding the appearance defective and not legal, decree came to be passed in terms of Order 37 rule 2(...prescribed under Order 37 for expeditious hearing and the aforesaid facts and circumstances of the case and, also, the reasons stated by the Trial Court and in the light of the provisions of Order ...who instituted the aforesaid summary case under Order 37 Rule 2 of the C.P.C. and the appellants-original defendants were served on 20.1.2000 with the summons of summary...

...J.V. Gupta, J. - This petition is directed against the order of the trial Court dated 23rd May 1988, whereby an application filed by the plaintiff under Order 37 Rule 2(...3(1) read with Section 151 of the Civil Procedure Code was dismissed. 2. The plaintiff filed this suit for recovery of Rs. 6,400/- in terms of Order 37 of the Civil...dismissed by impugned order by the trial Court on the ground that sufficient cause has been shown by the defendant for condonation of delay in putting in appearance and hence, it could not be said that the...

...refused leave and decreed the plaintiff's suit. Hence the appeal.4. Order 37, Rule 3(1) of the Code of Civil Procedure provides that the defendant may at any time within 10...was not entitled to defend the suit in terms of Order 37, Rule 2 (3), C.P.C ? We feel that this finding of the learned Judge cannot be upheld, on a correct interpretation of the provision...with the requirement of later portion of Sub-rule (3) of Rule 3 of Order 37, C.P.C namely of giving notice of appearance by the defendant. That also indicates that givin...

...their having been served of the summons in the prescribed form under Order 37 CPC on 31.08.2013 and 18.03.2013 respectively. It is also recorded that not only that no-one has been appearing on behalf of defendants No. 1 and ...provisions contained in Rule 2 Sub-Rule 3 of Order 37 CPC, the allegations contained in the plaint are to be deemed to be admitted on the part of the defendants and the...M.L MEHTA, J. (Oral)1. The matter is placed before the court by the learned Joint Registrar recording that no-one has been appearing for the defendants No. 1 and 2 despite...

...their having been served of the summons in the prescribed form under Order 37 CPC on 09.05.2013 and 07.05.2013 respectively. It is also recorded that not only that no-one has been appearing on behalf of defendants No. 1 and ...provisions contained in Rule 2 Sub-Rule 3 of Order 37 CPC, the allegations contained in the plaint are to be deemed to be admitted on the part of the defendants and the...M.L MEHTA, J. (Oral)1. The matter is placed before the court by the learned Joint Registrar recording that no-one has been appearing for the defendants No. 1 and 2 despite...

...under the provisions of Order XXXVII of CPC.6. Order 37 Rule 2(3) and Rule 3 CPC reads as under:-“[2. Institution of summary suits.- (1)………...Order 37 Rule 2(3) CPC, the present suit is decreed in favour of the plaintiff and against the defendant in sum of Rs. 59,80,000/- together with pendente lite and future interest...terms of Order 37 Sub-Rule 3 CPC. Affidavit of service has also been handed over in Court as per which the deponent sent a copy of the plaint along with annexures at both the...

...provisions of Order XXXVII of CPC.8. Order 37 Rule 2(3) and Rule 3 CPC reads as under:-“[2. Institution of summary suits.- (1)………....enter appearance, the plaintiff is entitled to a decree forthwith in terms of Order 37 Sub-Rule 3 of CPC.4. As per the plaint, the plaintiff is a company incorporated under the...37 Rule 2(3) CPC, the present suit is decreed in favour of the plaintiff and against the defendant in sum of Rs. 1,75,86,266/- together with pendente lite and future interest @8% per annum. Let a decree sh...

...leave to the appellant to defend the suit which was brought under Order 37 Rule 2, CPC.3. Leave is declined where the court is of the opinion that the grant of leave would...Order1. We have heard learned counsel for both the parties. Special leave granted.2. The appeal is against the order made...bona fide defence, he ought to have leave. Summary judgments under Order 37 should not be granted where serious conflict as to matter of fact or where any difficulty on issues as to law arises. The...

...prescribed period of limitation as per Order 37 Rule 3(1) of the Code. 4. Therefore, defendants have challenged both such orders and prayed to stay the further proceedings of Summary .... 6. However, learned advocate for the respondent is resisting even such formal order, relying mainly upon the provisions of Order 37, contending that purpose of Order 37 wou...forward with a prayer to condone such delay, then provisions of Sub - Rule (3) of Rule 2 of Order 37 of the Code are not attracted. For deciding an application under Order 37 ...

...issue direction to learned Trial Court to pass judgment and decree in terms of Order 37, Rule 2(3) may kindly be passed in favour of the petitioner in the interest of justice and fair play. Any other...time. Thereafter, the defendant filed an application under Order 37, Rule 3(5) of the Code and for completion of pleadings in this application a consideration time was taken. Before this application...could be decided, the plaintiff also filed an application under Order 37, Rule 3 of the Code for judgment in Form No.4-A in Appendix B, this application was filed on 04.07.2023. It appears that no...

...have failed to enter an appearance, they cannot defend the suit and in terms of Order 37 Rule 2 (3) the averments and allegations made in the plaint are deemed to be admitted...Mr. Sat Pal, J.— This suit has been filed on behalf of the plaintiff-bank under Order 37 of the Code of Civil Procedure (in short the Code) for recovery of Rs.... 11,05,251.10 with interest and costs. Since the defendants could not be served by the ordinary process, the plaintiff filed an application bearing IA No. 10473/92 under Order 5 Rule 20...

...law now stands, under the amended Order 37 of the Code, the defendant is required to put in appearance within a specified time and if does not do so the allegations in the plaint are deemed to be admitted. This is so provided in ...Order 37 Rule 2(3) of the Code for a judgment based on the fact that the defendant has not appeared. In any case, the problem of waiting for the defendant to write a letter or gi...service and consequently, the suit cannot be decreed against these defendants under Order 37 Rule 2(3) of the Code on the ground of these defendants failing to enter appearance...

...intended to file appearance along with an application for condonation of delay.3. Order 37 Rule 2(3) of the Code of Civil Procedure provides that the defendant shall not defend the s...period of ten days and no application for condonation of delay in filing appearance has been filed, the plaintiff, in view of the provisions contained in Rule 2(3) of Order XXXVII of..., Balance Sheets and Profit & Loss Accounts, filed under Order 37 of CPC. Hence, the balance confirmation amounts to a written contract within the meaning of Order 37 Rules 1 and 2 of the Code of...

...petition for leave to defend that appearance is not strictly in accordance with Order 37 Rule 3(3) is born out from the record as the petitioner for leave to defend also mentio...since the defendants had not entered to appearance in the manner envisaged under Order 37 Rule 2(3) of CPC, the defendants were not entitled to leave to defend.... 4. In these circumstances the question arising for consideration is whether defendant who has not entered his appearance in accordance with the provision contained in Order 37 Rule ...

...seeking filing of appearance and also leave to defend as also condonation of delay in seeking these reliefs.2. The plaintiff has filed a suit for recovery under Order 37 CPC, which came to be decreed under ...served of the summons on 16.10.2012, and as per the provisions contained under Order 37(2) CPC, the defendant was to enter appearance either in person or by a pleader within ten days of service. As per ...appearance in the manner as contemplated by these provisions. Further, as per Rule 2 Sub-Rule 3 of Order 37 CPC, the defendant could not defend the suit unless he entere...