avoided the
phraseology of the
500
analogous provision in order XXXVII, C.P.C ., namely
"substantial defence" and "vexatious and frivolous defence ... this, Court while commenting upon an order granting
conditional leave under order XXXVII, r. 3, passed by the
trial judge which was to this effect
arise for our consideration and as referred to us, arise under Order XXXVII, Rule 2 (Summary Suit), in cases where the suit is based ... requirements of the order are satisfied if a suit is filed on a claim arising on a written contract. Order XXXVII, does not require that
Judge, Delhi, had rightly dismissed the
Petitioner's application under Order XXXVII Rule 3,
read with Section 151 of the Code of Civil ... leave to defend the suit
filed by the Respondent under Order XXXVII for
recovery of Rs.6,68,513/-, together with interest
@18% per annum
purchase orders and
invoices raised for supply of materials; and the invoices were a complete
contract, as contemplated by Order XXXVII CPC .
4.2. Having rejected ... impugned orders, it is at once clear that after finding the
suit to be maintainable under Order XXXVII CPC because of assertion of
the plaintiff
trite, and as observed in the aforesaid three orders/judgment,
that Order XXXVII CPC is a unique departure from the ordinary principles of
natural justice ... strict terms of the requirements
contained in Order XXXVII CPC . Order XXXVII CPC is not intended to
allow parties to extend the scope of Order
held that after the passing of the eviction order the Controller could, by virtue of Order xxxvii Rule 4 of the Code of Civil Procedure ... Controller has power to set aside an eviction order on the analogy of Order xxxvii Rule 4 of the Code of Civil Procedure
suit
of the type in the present case is maintainable under Order XXXVII of the
Code of Civil Procedure , 1908 ( CPC ) inasmuch as the amount ... filing suits
under Order 37 CPC which cannot be filed under Order 37 CPC which
cannot be filed under Order 37 CPC , I allow
what are the suits which are
filed under Order XXXVII CPC ? Order XXXVII CPC was enacted as an
exception to the normal procedure under ... 2552/2011 Page 2 of 32
in CPC . Order XXXVII CPC was carved out as an exception to the general
rule of following the principles
other plaintiffs."
16. Order XXIII and in any event principles analogous thereto are applicable to Order XXXVII. There is nothing to suggest, that they ... Chamber Judge had passed an order granting conditional leave to defend the suit, filed under Order XXXVII. The suit was based on four bills
ORAL)
1. Petitioner impugns the order dated 26.11.2016, whereby the
Suit of the petitioner / plaintiff filed under Order XXXVII Code of
Civil Procedure has been ... recall / review of the order dated 26.11.2016 has
been dismissed.
2. Petitioner filed the subject Civil Suit under Order XXXVII CPC
claiming recovery
