Sam Higginbottom Of Agriculture ... vs M/S Acurite Contractors And Engineers on 11 July, 2016
15. Mr. Aggarwal submits that failure of the defendant to comply with the
condition precedent automatically results in dismissal of leave to defend and
consequently, the plaintiffs become entitled to a summary judgment
forthwith under Order XXXVII Rule 3(6)(b) of CPC. According to him, the
defendant No.1, having failed to furnish security within the stipulated time,
lost the right to defend. Reliance is placed on the decisions of various Courts
in Buta Singh Shankar Singh v. State2, Sam Higginbottom Institute of
Agriculture, Technology and Science v. Acurite Contractors and
Engineers3.