In IDBI Trusteeship Services Ltd. v. Hubtown Ltd., (2017) 1 SCC 568, the Supreme Court laid down the following principles: (1) If the defendant satisfies the court that he has a substantial defence, that is, a defence that is likely to succeed, the plaintiff is not entitled to leave to sign judgment, and the defendant …
O XXXVII R 3 – Conditional Grant Of Leave To Defend In Summary Suit (Principles) Read More »
Can a written statement filed after 120 days from the date of service of summons in a commercial suit can be taken on record? Order VIII Rule 1 CPC (as applicable to Commercial Suits) reads as follows: Written Statement. – The defendant shall, within thirty days from the date of service of summons on him, …
O VIII R 1 CPC – Written Statement Filed After 120 Days In Commercial Suits Read More »
When a defendant does not appear when the Suit is called on for hearing on receipt of summons, we can see Courts passing order setting defendant Ex Parte. Is such an order contemplated under CPC? In Sangram Singh vs Election Tribunal [AIR 1955 SC 425], the Supreme Court termed such a practice as ‘erroneous’. “The fact that …
O IX R 6 CPC – Does CPC Contemplate An Order Setting Defendant Ex Parte ? Read More »
Can a second appeal be filed solely with a prayer to expunge some findings made in the judgment by the First Appellate Court.? Section 100 CPC reads as follows: (1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall …
S 100 CPC – Second Appeal To Expunge ‘Adverse Findings’ Read More »