IMPORTANT POINT
The judgment emphasized the importance of following the prescribed procedure for service of summons for judgment under Order XXXVII CPC and the need to consider the impact of an already implemented decree.

JUDGMENT

1. The petitioner in this Civil Revision Petition filed under Section 115 CPC is the plaintiff in Original (Money) Suit No.252 of 2016 on the file of the learned Civil Judge (Senior Division), Imphal West. The said suit was filed by him against his estranged wife under Order 37 CPC for recovery of a sum of Rs.40 lakh on the strength of a promissory note. By judgment and order dated 05.12.2016, the Trial Court decreed the said suit and ordered that the Branch Manager, Vijaya Bank, Dimapur Branch, shall have liberty to release the wife's deposited amount of Rs.40 lakhs in favour of the plaintiff. Judicial Miscellaneous Case No.219 of 2016 was thereupon filed by the wife under Order IX Rule 13 CPC read with Order XXXVII Rule 4 CPC and Section 151 CPC to set aside the judgment and decree dated 05.12.2016. By order dated 01.10.2018, the Trial Court allowed the said miscellaneous case; set aside the judgment and decree dated 05.12.2016 and granted her leave to defend. Aggrieved thereby, the husband filed this revision.

2. Heard Mr. R.K.Milan, learned counsel, for the petitioner; and Mr. I.Sandeep, learned counsel, appearing for the respondent.

3. Parties shall hereinafter be referred to as 'the husband' and 'the wife' respectively.

4. At the outset, it may be noted that Order XXXVII Rule 4 CPC is distinct from Order IX Rule 13 CPC and the factors that would weigh with the Court while dealing with an application under Order XXXVII Rule 4 CPC would be entirely different from those that would have relevance in an application under Order IX Rule 13 CPC {See Rajni Kumar v. Suresh Kumar Malhotra (2003) 5 SCC 315 }. Therefore, the Trial Court ought to have been mindful of the distinction drawn by the Supreme Court in the above decision between applications filed under these two provisions, while dealing with the subject application filed by the wife. However, the Trial Court failed to take note of the same.

5. That being one aspect of the matter, it is well settled that the summary procedure prescribed under Order XXXVII CPC sets apart the suits filed thereunder on a different footing and it is only to the extent that the said Order does not prescribe the procedure that the procedure in ordinary suits would be adopted (Order XXXVII Rule 7 CPC). It would therefore be necessary to take note of the procedure prescribed thereunder. Order XXXVII Rule 1 prescribes the Courts and classes of suits to which the said Order applies. Suits based upon bills of exchange, hundies and promissory notes are covered thereby. Order XXXVII Rule 2 provides the procedure to be followed by the plaintiff while instituting a suit under this Order. Order XXXVII Rule 2(2) states that the summons in the suit shall be in Form No.4 in Appendix B and Order XXXVII Rule 2(3) states that the defendant shall not defend the suit unless he enters appearance and, in default of his entering appearance, the allegations in the plaint shall be deemed to be admitted and the plaintiff would be entitled to a decree for the sum mentioned in the summons with interest and costs. Order XXXVII Rule 3 deals with the procedure for the appearance of the defendant. Sub-rule (1) thereof states that the plaintiff shall serve upon the defendant along with the summons, a copy of the plaint and the annexures thereto, and the defendant may, at any time within ten days of such service, enter appearance either in person or by pleader and, in either case, he shall file in Court an address for service of notices upon him. Order XXXVII Rule 3(3) states that on the day of entering appearance, notice of such appearance shall be given by the defendant to the plaintiff's pleader or to the plaintiff, if suing in person, either by notice delivered at or sent by a pre-paid letter to the address of the plaintiff's pleader or of the plaintiff, as the case may be. Order XXXVII Rule 3(4) states that if the defendant enters appearance, the plaintiff shall serve on the defendant the summons for judgment in Form N