same tests as enunciated in the celebrated judgment of
Kiranmoyee Dassi reported at 49 CWN 246 in a matter pertaining to a summary suit
under ... Civil Procedure , 1908. The rules for assessment as
laid down in Kiranmoyee Dassi were accepted in the judgment reported at (1976) 4 SCC
687 (Mechelec
propositions governing O.XXXVII laid down in Kiranmoyee Dassi
Smt v. Dr J. Chatterjee, AIR 1949 Cal 479, as follows:
“In Kiranmoyee Dassi
summary judgment which were precisely enunciated in the case of Sm.
Kiranmoyee Dassi - Vs. Dr. J. Chatterjee (1945) 49 CWN 246 and approved
and followed ... Basic
Equipment Corporation, AIR 1977 SC 577, quoting from Sm. Kiranmoyee
Dassi - Vs. Dr. J. Chatterjee (1945) 49 CWN 246 as follows
Order 37 of The
Code of Civil Procedure , 1908.
In Kiranmoyee Dassi -Vs- J. Chatterjee reported in AIR 1949 Cal
478, the plaintiff had filed ... judgment in
the case of Kiranmoyee Dassi was quoted with approval.
In our opinion the standard laid down in Clause (b) of the aforesaid
judgement
Court way back in the year 1949 in case of
Smt. Kiranmoyee Dassi & Anr. Vs. Dr. J. Chatterjee; AIR 1949 Calcutta 479 ,
which ... Court
has followed with approval the decision in case of Smt. Kiranmoyee Dassi &
Anr. (supra). The learned Advocate would then submit that
also relied on five principles formulated by this Court in
Smt. Kiranmoyee Dassi vs. Dr. J. Chatterjee [1945] 49 CWN
246. He submitted that ... cross objection be
allowed.
21. The appellant relied on Smt. Kiranmoyee Dassi (supra)
wherein the following principles were formulated for grant of
summary judgment
propositions governing O.XXXVII laid
31
down in Kiranmoyee Dassi Smt v. Dr J. Chatterjee, AIR 1949
Cal 479, as follows:
“In Kiranmoyee Dassi
legal position in the following words:
"8. In Smt. Kiranmoyee Dassi & Anr. v. Dr. J. Chatterjee,
Das. J., after a comprehensive review ... adverting to the
often quoted propositions enunciated in the case of
Kiranmoyee Dassi v. J. Chatterjee 4, the Supreme Court
culled out the legal position
Corporation, 1976 (4) SCC 687 following the decision reported in Sm.Kiranmoyee Dassi v. Dr.J.Chatterjee ... ground of interference covered by Section 115 , CPC.
8.In Kiranmoyee Dassi Smt v. Dr J.Chatterjee Das, after a comprehensive review of authorities
Corporation, 1976 (4) SCC 687 following the decision reported in Sm.Kiranmoyee Dassi v. Dr.J.Chatterjee ... ground of interference covered by Section 115 , CPC.
8.In Kiranmoyee Dassi Smt v. Dr J.Chatterjee Das, after a comprehensive review of authorities
