postulated under Order xxxvII CPC .
3. Summons for judgment are required to be taken out under clause (4) of Order xxxvII Rule 3 ... filed within the period stipulated under Order xxxvII Rule (5). Order xxxvII Rule 3 CPC provides a procedure for the appearance of the defendant
provisions of Order XXXVII Rule 6 (b) of the Code by considering it to be at par with Order XXXVII Rule 2 (3 ... rule (3) of Rule 2 with that of sub rule (6) of Rule 3, inasmuch as in sub rule (3) of Rule
learned Additional
District Judge ("the learned ADJ") under Order XXXVII Rule 3(5) of
Signature Not Verified CM(M) 854/2022 Page ... learned ADJ, an application was filed by the petitioners under Order
XXXVII Rule 3(5) of the CPC , seeking leave to defend the suit
filing of the suit under Order XXXVII the defendant filed an application under Order XXXVII, Rule 3(5) for leave to defend the suit ... scheme of Rule 3, the terms which the court can impose under Sub-rule (5) of Rule 3 of Order XXXVII will be different
Court may deem sufficient to support the application (Order
XXXVII Rule 3). Leave to defend may be given unconditionally or
subject to such terms ... recording issues or otherwise as the Court thinks fit.
Then, by order XXXVII Rule 4 after decree the Court may, under
special circumstances, set aside
under Order XXXVII.
29. He would further endorse the interpretation adopted by the
learned Single Judge with respect to Order XXXVII Rule 3 ... application of Rule 3(5) and Rule 3(6).
39. It is pertinent to note that Rules 1 to 3 of Order XXXVII were
completely
Court may deem sufficient to support the application (Order
XXXVII Rule 3). Leave to defend may be given unconditionally or
subject to such terms ... recording issues or otherwise as the Court thinks fit.
Then, by order XXXVII Rule 4 after decree the Court may, under
special circumstances, set aside
Court may deem sufficient to support the application (Order
XXXVII Rule 3). Leave to defend may be given unconditionally or
subject to such terms ... recording issues or otherwise as the Court thinks fit.
Then, by order XXXVII Rule 4 after decree the Court may, under
special circumstances, set aside
Order XXXVII of the CPC . The
relevant extracts of the said provision are as under:
"...Order XXXVII - Summary Procedure
Order XXXVII Rule 3. Procedure ... judgment, as
mandated in Order XXXVII of the CPC .
50. The appellants also moved an application under Order XXXVII Rule
3(7) read with Section
limitation, relying upon the
provisions of Sub-Rule (3) of Rule 2 of Order XXXVII of the Code. It
is submitted that once an application ... 3) of Rule 2 of Order
XXXVII of the Code are not attracted. For deciding an application
under Order XXXVII Rule 3
