...to defendant No. 2. The effect of the defendant not getting leave to defend would be that the plaintiff becomes entitled to judgment forthwith under the provisions of Order 37 Rule 3(6)(a) CPC...its order dated November 26, 1993 passed in the aforesaid Special Leave Petitions was pleased to grant special leave granting conditional leave to the defendants 2 and 3 subject to their depositing Rs...the same on furnishing security to the satisfaction of the Trial Court”. Defendant No. 3 duly deposited a sum of Rs. 1 Crore which was accepted and appropriate orders regarding its withdrawal by the...

...of Order 37, Rule 3(6)(a) of CPC, the effect of dismissal of the application for leave to contest, would be the same as if no application had at all been made...1. This summary suit has been filed by the plaintiff under Order 37 of the CPC on the basis of a promissory note dated 4.8.94 executed by the defendant. During the pendency of the suit...duly brought on record. 3. The brief background of the case to the extent relevant for the purposes of the present judgment are briefly capsulated parawise hereinbelow...

...irregularities stating that the petitioner has lost faith in that particular Court, permission was accorded for filing written statement without adhering to the mandatory procedure prescribed under Order 37, Rule 3 (6)(a) of...orders were passed, written statement was accepted contrary to Order 37, Rule 3 (5) of CPC the petitioner was constrained to file Civil Revision Petition Nos.189 and 191 of 2022. There were... 7 (197 6) 3 SCC 57 4...

...37 Rule 3(6) (a) of the Code of Civil Procedure.2. Heard the learned Counsel for the parties at length.3. When the suit appeared on board on 25 August 2015, the.... The Respondent has invoked provisions of Order 37 of Code of Civil Procedure and has filed a Summary Suit. The Summary procedure is provided with legislative intent to...of order XXXVII of Rule 3 and 4 of the Code of Civil Procedure, does not have power to recall its own order and remedy is to approach the higher court. Therefore the consequences of not...

...FILE OF XXVI ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FILED U/ORDER 37 RULE 3(6)(a) FOR RECOVERY OF MONEY. THIS...Order 37 of C.P.C.? 2. If so, whether plaintiff is entitled for decree under Order 37 Rule 3(6)(a) of C.P.C...invoices;  there is no written contract between plaintiff and the plaintiff is a Private Limited Company with regard to the alleged supply of goods and therefore, the provisions of Order XXXVII Rule...

...has also not been controverted by the defendant in the application for leave to defend and no other explanation for issuance of the said cheques been furnished.(e) Order 37 Rule 3(6)(a) of...which the suit is based are without any consideration;(d) that the application filed by the plaintiff under Order 37 Rule 3(4) of the CPC for issuance of the...Order 37 Rule 4 of the CPC where the plea of the defendant was of being not served with the summons for judgment in accordance with law and being thus not able to apply for leave to defend. On...

...3(6) of the CPC as there was no non-compliance of any directions. The cost of Rs.1,000/- cannot be treated to be directions contained in Order 37 Rule 3(6), particularly, for recovery of cost, there is specific provision of Order 20A of the CPC. 4. Learned advocate appearing for the respondent-original plaintiff submitted that the appellant every now and then is resorting to a delay...proceedings of Order 37 of the CPC, has once again fallen back on the proceedings under Order 37 of the CPC and as if is in exercise of provision under Order 37 Rule 3(4) and Order 37 Rule 3(6)(a) of the CPC....1,000/-. 16. Secondly, When the provision Order 37 Rule 3(6)(b) of the CPC refers to a situation, where a defendant is permitted to defend whole or any part of the claim...

.... In view of dismissal of all applications and OA, per Order 37 Rule 3(6) (a) CPC leave no other option with this Court except to decree the suit of the plaintiff for...filed then the application under Order 37 Rule 7 CPC only would lie, Order 37 CPC being a complete Code. Hence, there was no need to file OA No.21/2017, the same being misconceived is also dismissed...dates and facts relevant are noted hereunder:- a) The plaintiff instituted this suit under Order 37 of the Civil 1...

...being so served, the result would be as contemplated under Order 37 Rule 3 Sub-rule 6(a), CPC which provides for the consequences of a defendant being served but thereafter...the nature contemplated by Order XXXVII, CPC, and defendants have not filed leave to defend, therefore in terms of Order 37 Rule 3 Sub-rule 6(a) of CPC, the plaintiff became...S. Mukerjee, J.:— This is a summary suit filed under Order 37 of CPC. Defendants 1 and 2 were served through official Liquidator since these companies are in liquidation. Defendant No. 3...

...summons to the defendants for settlement of issues. In my view, the procedure adopted by the trial court is not correct. Sub-rule (3) of Rule 2 of Order 37 and sub-rule (6)(a) of Rule 3 of...petitioner claimed the balance amount on the basis of the pronote by way of a suit under Order 37 of the Code of Civil Procedure.3. Notice and summons were...Order 37 of the Code of Civil Procedure read as follows:—“(3) The defendant shall not defend the suit referred to in sub-rule (1) unless he enters...

..., per sub clause (b) of sub rule (6) of Rule 3 Order 37 of the CPC, the plaintiff is entitled to a judgment forthwith. The said sub rule read as under:- (6) At the hearing of...HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J. 1. Vide order dated 15.02.2017 the defendant was granted conditional leave to defend the suit on his deposit of a sum...of `3,82,00,000/-, in the Court within a period of one month from 15.02.2017. Out of said amount, `1.80Crore was to be released to the plaintiff to satisfy her claim towards principal amount...

...) of CS (OS) No.1062/2014 Page 2 of 2 sub rule (6) of Rule 3 Order 37 of the CPC, the plaintiff is entitled to a judgment forthwith. The said sub rule read as under:- (6) At the hearing of...HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J. 1. Vide order dated 15.02.2017 the defendant was granted conditional leave to defend the suit on his deposit of a sum...of `6,27,39,282/-, in the Court within a period of one month from 15.02.2017. Out of said amount `2.38Crore was to be released to the plaintiff to satisfy her claim towards principal amount...

...Article 227 of the Constitution of India would not be entertained.14. A decree passed subsequent to the refusal of leave to defend could either be under Order 37 Rule 3(6) of the Code or it could be based on the affidavit evidence on the side of the plaintiff and the documents produced or even based on oral evidence formally proving, say, the execution of a promissory...although it had made out a good case for obtaining leave to defend the suit.8. Order 37, Rule 3(5) of the Code reads, thus:“3. (5) The defendant may...37 Rule 3(5) of the Code praying for grant of leave to defend the said suit. The learned Civil Judge refused to do so by an order dated 27-5-2005 opining:“I am convinced with...

...on behalf of the appellant had been rendered stood significantly altered after the amendment of the Code in 1976. The learned counsel submitted that with the substitution of Rule 3, Order 37, the earlier decisions, right up to the decision in Mechelec Engineers and Manufacturers (1976) 4 SCC 687 were to a large extent rendered ineffective in view of the addition of sub-rules (4), (5) and (6) to...achieved by the introduction of sub-rules (4), (5) and (6) in Rule 3, Order 37 of the Code. Whereas in the unamended provisions of Rule 3, there was no compulsion for making any deposit as a...jurisdiction under the second proviso to sub-rule (5) of Rule 3, Order 37 of the Code. The earlier concept of granting unconditional leave when a triable issue is raised on behalf of the defendant...

...enunciated under Order 37 Rule 3 sub-Rule 5 of the Code of Civil Procedure and the learned 2nd Additional District Judge, Srinagar, held that in these circumstances, the plaintiff/respondent herein is entitled to the judgment in terms of Order 37 Rule 3 sub-Rule 6(a) and...the suit in accordance with the Rule 3 of Order 37 of the Code of Civil Procedure. Thereafter, the plaintiff/ respondent herein filed an application buttressed with an...order 37 rule 4 CPC were explained, but instead of returning a finding on the same, the trail court conclusively determined the suit. 2. That the trial...

...been passed in terms of Sub-rule (6)(a) of Rule 3 of Order 37. The learned counsel submits that the petition filed on 19-4-1995 for extending the time to file the leave.... I find no merit in the contention of the learned counsel. Sub-rule (6)(a) of Rule 3 of the Order 37 says:“(6) At the hearing of such summons for judgment...1. This C.R.P is filed against the order of the III Additional Judge, City Civil Court, extending time to file the petition for leave to defend. The petitioner is the plaintiff in a...

..., granting leave to defend the suit with a condition to deposit Rs.50,000/- within one month from the date of order and also refused to pass a decree as provided under Order 37 Rule 3(6)(b) of the Code of Civil Procedure. 2. Petitioner-plaintiff filed a suit...in terms of Order 37 Page 2 of 6 Rule 3(6)(b) of the Code. He has further submitted that, there is no statutory provision by which the Court below can extend the time and therefore, while extending the time limit, the Court below has exceeded its jurisdiction and has committed a manifest...circumstances, he could not deposit the amount. Meanwhile, the petitioner-plaintiff vide Exh.27 dated 09.08.2012, applied before the Court below to pass judgment in terms of Order 37 Rule 3(6)(b) of the Code as...

...defend, the consequence is as if no application for leave to defend at all was filed and, thereupon in terms of Order 37 Rule 3 Sub-rule 6(a) of CPC, the plaintiff became...earlier fallen due on 23rd April, 1998. Despite cheques being presented much later, and as per desired date of the defendant, still the same were dishonoured. 6. A legal notice was served...submissions made earlier, the judgment was reserved. An application under Order 9 Rule 7 CPC being IA No. 6024/02 was filed on which notice was issued but thereafter the same...

...the present suit is decreed in accordance with the Order 37 Rule 3(6) CPC. Registry is directed to prepare a decree sheet accordingly....defendants. The same are allowed.I.As 1755-1756/2017 in CS(COMM) 603/20162. I.A 1756/2017 has been filed on behalf of defendants under Order 37 Rule 3(5...under Order 37 CPC on 05th and 07 November, 2015. The leave to defend was filed on 16 November, 2015 and subsequently re-filed on 04 December, 2015.4. However, as there were still certain...