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Suri & Company, Law Firm Order 37-Summary Procedure Civil Procedure Code, 1908 Presentation by:

Suri & Company, Law Firm Order 37-Summary Procedure Civil Procedure Code, 1908 Presentation by: Pallavi Tayal Litigation Department 24 th September, 2011. Introduction of Order 37. Object of Order 37 Supreme Court View (2010) 9 SCC 256 Salient features of a summary suit

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Suri & Company, Law Firm Order 37-Summary Procedure Civil Procedure Code, 1908 Presentation by:

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  1. Suri & Company, Law Firm Order 37-Summary Procedure Civil Procedure Code, 1908 Presentation by: Pallavi Tayal Litigation Department 24th September, 2011

  2. Introduction of Order 37 Object of Order 37 Supreme Court View (2010) 9 SCC 256 Salient features of a summary suit Leave to defend Duration Procedure Analogous provisions – Order 6, Order 7 - Order 29 (1996) 6 SCC 660 Contradictory (2011) 3 Scale 33 views

  3. Order 37 Rule 1 Courts and classes of suits to which the order applies CourtsClasses High Court/City Civil Courts Bills of exchange, and Court of small causes Promissory note Other Courts and Hundies Written Contracts /agreement Against Guarantor

  4. Interpretation of the word “Written Contract” Widest possible interpretation Relevant case laws Delhi High Court (AIR 2001 DEL 357) Invoices/Bills – Are Written Contracts within the purview of Order 37 Bombay High Court (BOM CR 218) Documents exchanged between parties may be construed as Agreement in writing Delhi High Court (90(2001) DLT 777) Summary suit can be filed on basis of confirmed balance and reconciliation statement.

  5. Order 37 Rule 2 INSTITUTION OF SUMMARY SUIT (1) A plaint is instituted by the Plaintiff containing: A. Specific averment B. That no other relief is claimed (2) Summon of suits – Form No. 4 (3) The Defendant shall not defend the Suit unless he enters an appearance. Default in appearance, the allegations in plaint shall be deemed to be admitted. CASE LAW Delhi High Court in AIR 1998 183 has held that in case the Defendant fails to appear, the Court can pass a decree on the basis of the allegations in plaint.

  6. Order 37 Rule 3 Procedure for the appearance of the Defendant This Rule provides the mode of service of summons and leave to defend. Defendant must apply for leave to defend within 10 days from the date of service of summons. Case Laws AIR 1958 SC 321 Leave should be granted – If Defendant raises a triable issue Leave granted (with conditions) -(2006)92 DRJ 158 - (2009)157 DLT 240

  7. Order 37 Rule 4 Power to set aside decree The Court can under Rule 4: • Set aside decree If it feels reasonable • Stay or set aside execution to Court • May give leave to defend Scope AIR 1965 SC 114 This inherent power is exercised in exceptional circumstances

  8. Principles for granting leave to defend Triable issue What is triable issue – according to Supreme Court (1991) High Court of Calcutta – Laid certain principles (AIR 1949 Cal 479) Division Bench of Delhi High Court in 1984 reaffirmed these proposition (1984) 25 DLT CSN 33 Supreme Court in 1977 affirmed the said principles (AIR 1977 SCJ 77)

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