Summary Suit

O XXXVII R 3 – Conditional Grant Of Leave To Defend In Summary Suit (Principles)

December 30, 2022 / By

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 …

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O XXXVII CPC – Can Summary Suit Be Filed Against Govt./Public Officer? Is Section 80 Notice Required?

December 25, 2022 / By

Order XXXVII of Civil Procedure Code deals with summary procedure and the same is applicable to following classes of suits: (a) suits upon bills of exchange, hundies and promissory notes; (b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, …

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