.... 2. Petitioner/plaintiff filed a suit, under Order XXXVII of the Code of Civil Procedure, 1908 for recovery of a sum of Rs.3,73,000/- with future i.... 3. Learned counsel for the petitioner submits that the observation of the trial Court that the notification with regard to application of Order XXXVII of CPC as per the amen...-03-1967 is not produced to say that the suit under Order XXXVII of CPC is maintainable is erroneous. Thereafter, the Court proceed to consider the suit and come to the conclusion that the evidence of...

...premises contemplated under Order XXXVII of CPC. Had it been a suit based on rent agreement in which the liability, would have been accrued, the suit would have been within the spheres of Order ...Rent Controller order or a court order are nowhere contemplated to fall within Order XXXVII of CPC. The pleadings of the plaintiff merit to be a recovery suit simpliciter rather than a...summary suit under Order XXXVII of CPC. 2. It is apparent on record that the suit was filed on the basis of rent agreement dated 04.10.2017 (Annexure P-1) only. Still, the trial...

....3. They have invoked summary procedure under Order XXXVII of CPC. In addition to that, they have also filed individual applications under Order XXXVIII Rule 5 of ...petitioner and Sri S. Sridhar, learned Counsel for the respondents.6. It is already mentioned that the respondents invoked summary proceedings under Order XXXVII of CPC. Normally, in...such cases, the applications under Order XXXVIII Rule 5 of CPC are not filed. However, the respondents have filed such applications and obtained orders of attachment before judgment. The ...

...respondent-1 Bank under Order XXXVII of the CPC) against the appellant pursuant to the order of the same date of dismissal of the application for leave to defend filed by the app...and other dues and were also liable to pay interest @ Rs. 24% per annum from 30th November, 1997 till realization; and,(e) the suit was filed under Order XXXVII of the CPC on the basis...appellant and the respondents no. 2 & 3.3. The suit was entertained under Order XXXVII of the CPC and summons for appearance issued. Only the appellant/defendant no. 3 entered...

...facts of the case: The respondent herein, who is plaintiff before the trial Court filed a suit under Order XXXVII Rule 1 of CPC 2...contention of learned counsel for petitioner-defendant that the plaintiff could not have invoked provisions under Order XXXVII of CPC since there was no contract and it was a mere letter which was issued o...21.03.2009. Therefore, the suit would not come within the purview of Order XXXVII of CPC in the summary proceedings nature and hence, he has filed an application-IA.No.1/2021 under Order VII Rule ...

..., wherein the appellant/Varun Maurya sought a recovery of Rs. 1,42,34,756/- along with interest @ 18% per annum under Order XXXVII of CPC from the respondent/Sumit Chauhan...05.09.2019 passed by this Court in CRP 42/2019 to submit that it was not open now to the Court to reconsider the issue of maintainability of the Suit under Order XXXVII of CPC, 1908. The le...was also not maintainable under Order XXXVII of CPC, 1908 for which reliance has been placed on the decision of this Court in Zoom...

...Deepa Sharma, J.IA No. 23676/2015 (moved by defendants under Order XXXVII Rule 3(7) CPC r/w S.151 CPC)1. The present application of the defendants under...Order XXXVII Rule 3(7) of Civil Procedure Code (CPC) relates to grant of leave to defend the present suit, which has been filed by the plaintiff under Order ...cannot be relied upon. It is further contended that the suit is not maintainable under Order XXXVII of CPC because in the agreement to sell it is not mentioned that the earnest money was refundable in...

...order of the trial court dated 29.5.2004 by which the trial court dismissed the application under Order XXXVII Rule 4 CPC filed by the petitioner/defendant. By the application...under Order XXXVII Rule 4 CPC, the petitioner/defendant prayed for setting aside of the judgment and decree dated 07.4.2003 which was passed in default of non-filing of...appearance within 10 days as required under Order XXXVII CPC.2. A reading of the impugned order shows that the trial court has relied upon the judgment of the Supreme Court in the ca...

...given nor any document by which such protest many have been made, filed.5. As far as the argument, of the suit being not maintainable under Order XXXVII of CPC because of the same b...forming a written contract within the contemplation of Order XXXVII of CPC. The defendant, in the face of the written contract acknowledging the receipt of the goods of the value...as a condition for grant of leave to defend.7. The defendant in a suit under Order XXXVII of CPC cannot so lure the Court into granting leave to defend, if otherwise no ground therefor...

...the judgement and decree dated 14.02.2023 vide which the suit of the respondent/plaintiff has been decreed under Order XXXVII of CPC for a sum of Rs.53,69,918.70/- along with the interest @18% per...annum. 2. The facts in brief are that the plaintiff (hereinafter referred to as 'respondent') filed the Suit under Order XXXVII Rule 3(5) of CPC seeking...concealment of facts by the respondent. The basis of the suit was not any written contract but the balance due at the foot of the Ledger Account. The suit was not covered under Order XXXVII of ...

...Order XXXVII of the Code of Civil Procedure, 1908 (CPC) for recovery of Rs.16,80,42,022.88/- jointly and severally from the four defendants, namely, Gangotri Iron & ...., Mr.Sanjiv Choudhary, Mr.Ankit Choudhary and M/s Gangotri Electrocasting Limited was entertained under Order XXXVII of the CPC and summons for appearance ordered to be issued to the defendants.... 2. The order dated 11 October, 2017 records that the defendants had not entered appearance and the plaintiff was thus entitled to a decree under Order XXXVII of the CPC. However, decre...

...then urge that the procedure under Order XXXVII of CPC does not apply to Commercial Courts, in the light of the provision under Order XIII - A of Commercial Courts Act. He would then urge... 9. Turning to his next plea that Order XIII - A of the Act, bars Order XXXVII of CPC here too, I am not with Mr.V.Manohar. This is because..., Order XIII - A sub-clause 2 itself contemplates a situation of a suit being filed before the commercial court invoking the provisions of Order XXXVII of CPC. A commercial dispute, as un...

...plaintiff before the trial Court filed a suit under Order XXXVII Rule 1 of CPC which is summary in nature stating inter alia that the defendant had received a sum of Rs.1,00,00,000/- (Rupees...learned counsel for petitioner-defendant that the plaintiff could not have invoked provisions under Order XXXVII of CPC since there was no contract and it was a mere letter which was issued on...21.03.2009. Therefore, the suit would not come within the purview of Order XXXVII of CPC in the summary proceedings nature and hence, he has filed an application-IA.No.1/2021 under Order VII Rule ...

.... The respondents 1 to 3 herein filed an application under Rule 3(5) of Order XXXVII of the Code of Civil Procedure, 1908 (for short, ‘CPC’) seeking leave of the Court defend the suit whi...alleged minutes dated 05.10.2012 cannot constitute the written contract and the same is under cloud and sought leave to defend the suit under Rule 3(5) of Order XXXVII of CPC.5...petition.6. Upon hearing argument of both the counsel, considering rival contentions, the trial court granted leave to defend the suit under Rule 3(5) of Order XXXVII of ...

...2016.4. The respondents 1 to 3 herein filed an application under Rule 3(5) of Order XXXVII of the Code of Civil Procedure, 1908 (for short, ‘CPC’) seeking leave ...under summary procedure, the alleged minutes dated 05.10.2012 cannot constitute the written contract and the same is under cloud and sought leave to defend the suit under Rule 3(5) of Order XXXVII of CPC...Rule 3(5) of Order XXXVII of CPC, since the defendants made out a ground for granting leave to defend the suit filed under summary procedure under Order XXXVII of CPC....

...JUDGMENTI.A No. 3483/2012 (of defendant for leave to defend).1. The plaintiff has instituted this suit under Order XXXVII of Civil Procedure Code (...the summons for judgment is not in compliance with Order XXXVII of CPC; that the invoices filed by the plaintiff are for sale of bidis but the plaintiff Company as per its Memorandum of Associatio...leave to defend application is not properly verified and thus there is deemed to be no reply to the leave to defend application. It is further urged that the language of Order XXXVII of CPC has been...

...Textiles Pvt. Ltd. and M/s. Grafax Cotton Pvt. Ltd. instituted the suit aforesaid, under Order XXXVII of the Code of Civil Procedure, 1908 (CPC) for recovery of Rs. 2,20...under Order XXXVII Rule 4 of CPC and for condonation of delay in applying therefor have been filed.8. I have enquired from the senior counsel for the defendants..., whether Order XXXVII Rule 4 of CPC, which is as under, applies in the aforesaid scenario:“4. Power to set aside decree.—After decree the Court may, under...

...two plaintiffs namely M/s Innovative Textiles Pvt. Ltd. and M/s Grafax Cotton Pvt. Ltd. instituted the suit aforesaid, under Order XXXVII of the Code of Civil Procedure, 1908 (CPC)...the suit was decreed against them. 7. Now, these applications under Order XXXVII Rule 4 of CPC and for condonation of delay in applying therefor have been...filed. 8. I have enquired from the senior counsel for the defendants, whether Order XXXVII Rule 4 of CPC, which is as under, applies in the aforesaid...

...] granting unconditional leave to the respondent/defendant to defend the suit filed by the petitioner/plaintiff under Order XXXVII of the Code of Civil Procedure, 1908 (CPC) for...reasons, it is not understandable, as to how the suit in the first instance was maintainable under Order XXXVII of CPC.17. The suit was essentially for recovery of losses with which...the respondent/defendant had agreed to compensate the petitioner/plaintiff in certain situations and such a suit does not lie within the ambit of Order XXXVII of CPC.18. Supreme Court in...

...Commercial Civil Suit No. 249 of 2016. It was a Summary Suit under Order XXXVII of the Code of Civil Procedure (hereinafter referred to as 'CPC'). Page 3 of 14... 4. Pursuant to the filing of the Civil Suit under Order XXXVII of CPC, the summons for judgment were served upon the respondent. As per the provisi...conditions to bring the suit under the provisions of Order XXXVII of CPC. The service of summons was duly effected on the defendant/ respondent and as the respondent failed to put appearance after...