compliance of Order 37 Rule 3 (4)
CPC read with Appendix B Form No. 4 A. It is argued that in the present
case ... Rule 3 (4) is mandatory and
where summons for judgments is not in terms of Order 37 Rule 4 and
Appendix B Form No. 4
notice of demand.
3. The summons prescribed in Form 4 of Appendix B of
CPC was served on the defendant which failed to enter
appearance ... defendant
has to prove 91) that the summons in Form 4 of Appendix
B of CPC was not served or that he was prevented
Order 37 of, the Code of Civil Procedure and Form 4-A in Appendix-B have given cause to this order. However, first a bonsai ... under Older 37. Consequent upon service of summons in Form 4 in Appendix-B, the defendant entered its appearance and thereupon complied with
defendants were served with the summons of the suit in Form 4 of Appendix B of Order 37 by way of publication on 17th January ... summons of the suit shall be in Form 4 in Appendix B or in such other Form as may, from time to time, be prescribed
appearance under Order 37 Rule 2(2), CPC in the form 4 Appendix B were issued to the defendant, which were served on the defendant
manner, instead of in the
form as required under Order XXXVII CPC i.e., Form No.4 in Appendix B.
8. The ld. counsel ... factual background, let summons be issued to the
Defendant under Form 4 Appendix B returnable on 20th January 2020,
before the Trial Court. In order
summons for appearance and judgment as appearing in form 4 and 4A of Appendix B CPC and the formats in which the summons served ... strictly inconsonance with the formats prescribed in form No.4 and 4 (A) of Appendix (B) except that the summons for appearance does not contain
service of summons in Form No.4-A Appendix-B CPC , the dispute principally revolves around sub-rule (4) of rule (3) Order xxxvII ... defendant a summons for judgment in Form No.4A in Appendix-B or such other Form as may be prescribed from time to time, returnable
title of the suit,
but the summons shall be in Form No. 4, Appendix B or in
such other form as may be from time ... case in which summons is in the prescribed form
(viz. Form No. 4 in Appendix B), the defendant shall not
defend the suit, unless
issued in Form No. 4 in Appendix B of the Code. Form No. 4 in Appendix B is the summons in the summary suit ... 4 in Appendix B requires signatures and seal of the Court while there is no such requirement in Form 4A in Appendix B
