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Judgment on Condonation of Delay in Summary Suit under Order 37 Rule 4 - The Supreme Court and various courts have emphasized that condonation of delay in filing applications such as leave to defend or setting aside decrees is discretionary. Proper application of the provisions, including Order 37 Rule 4(1) CPC, is essential, and delay can be condoned if sufficient cause is shown. The courts have clarified that procedural lapses, if adequately explained, do not necessarily lead to dismissal of summary suits Pravin Ratilal Share and Stock Brokers Ltd. VS Bhanubhai S. Patel - Gujarat, Md. Masum Ali VS Md. Sayeed - Calcutta, KLG SYSTEL LIMITED VS FUJITSU ICIM LIMITED - Delhi.
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Procedure and Discretion under Order 37 Rules - The courts have examined the scope of Order 37 Rules 1, 2, 3, and 4, especially regarding setting aside decrees and condonation of delay. They have held that the discretion to proceed with summary proceedings depends on compliance with procedural requirements and the presence of sufficient cause for delays. Delay in filing summons or leave to defend can be condoned if justified, and the courts have consistently upheld the importance of procedural fairness INDRAPRASTHA FINANCE COMPANY VS DIAMOND PICTURES - Delhi, GOYAL MG GASES LTD. VS PREMIUM INTERNATIONAL FINANCE LTD. - Delhi, Bankay Bihari B. Agrawal & others VS Bhagwanji Meghji & others - Bombay.
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Summary Suit and Default Dismissal - Summary suits are designed for speedy resolution, and strict adherence to procedural timelines is mandated. However, courts recognize that delays caused by genuine reasons can be condoned, preventing automatic dismissal. The courts have also clarified that even in default, suits may be maintained if the defendant's delay is satisfactorily explained, and the suit's maintainability is not compromised solely due to procedural lapses Investment Combine VS Shree Tatyasaheb Kore Warana Sahakari Sakhar Karkhana Ltd. - Bombay.
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Relevance of Land Revenue and Special Procedural Rules - Proceedings under special laws like the Land Revenue Act are inherently summary, and procedural deviations such as delays are subject to condonation if justified. The courts have reiterated that procedural rules under the CPC are applicable but must be harmonized with the nature of the proceedings Bal Sugriv Singh VS Prem Singh - Uttarakhand.
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Summary and Final Insight - Overall, the jurisprudence underscores that condonation of delay in summary suits under Order 37 Rule 4 is a matter of judicial discretion, heavily reliant on the explanation of the delay and the interests of justice. Strict procedural adherence is vital but not absolute; courts tend to favor substantial justice over procedural technicalities if genuine causes are demonstrated Pravin Ratilal Share and Stock Brokers Ltd. VS Bhanubhai S. Patel - Gujarat, KLG SYSTEL LIMITED VS FUJITSU ICIM LIMITED - Delhi.
References: - Pravin Ratilal Share and Stock Brokers Ltd. VS Bhanubhai S. Patel - Gujarat - GEORGE V.GEORGE Vs THE FEDERAL BANK LTD - Kerala - Bankay Bihari B. Agrawal & others VS Bhagwanji Meghji & others - Bombay - Md. Masum Ali VS Md. Sayeed - Calcutta - INDRAPRASTHA FINANCE COMPANY VS DIAMOND PICTURES - Delhi - GOYAL MG GASES LTD. VS PREMIUM INTERNATIONAL FINANCE LTD. - Delhi - Investment Combine VS Shree Tatyasaheb Kore Warana Sahakari Sakhar Karkhana Ltd. - Bombay - Gadde Krishna Murthy VS Mandal Revenue Officer, Sitanagaram, East Godavari District - Current Civil Cases - Bal Sugriv Singh VS Prem Singh - Uttarakhand
Search Results for "Judgment on Codonation of Delay in Summary Suit under Order 1 Rule 2"
2007 0 Supreme(Guj) 879 • India - Gujarat
K.M.MEHTA
Rule 2 - Appeal against judgment and order passed by Chamber Judge has decreed suit and directed that defendant shall pay decretal ... amount with interest @ From date of suit until its actual payment - Condonation of delay - Held, The Hon' ble Supreme Court was ... of present case - Misc.Civil Application was not filed under Order 9 Rule 13, but under Order 37 Rule 4 -pHence, th....
2022 Supreme(Online)(KER) 19201 • India - High Court of Kerala
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
Appeal - Civil Procedure - Order XLIII, Rule 1(d) - Summary: The court examined the application for setting aside a decree under ... Ratio Decidendi: The court held that provisions under Order XVII, Rule 2 allow discretion to proceed with a case based on ... Fact of the Case: The appellant sought to set aside a decree from a civil suit filed for monetary relief, claiming ... Rule 2 lays down the procedure to be ....
2000 0 Supreme(Bom) 764 • India - Bombay
B.N.SRIKRISHNA, RANJANA DESAI
227-Summary suit-Procedure-Delay in summons-Whether defendant entitled unconditional leave to defend-Delay only as per provision ... policy underlying the procedure for summary suits. ... Delay in taking out Summons for Judgment may result in the suit being placed on the board of the Chamber Judge for dismissal. ... Rule 2(1) enumerates the types of cases which are to be tried by the sum....
2013 0 Supreme(Cal) 38 • India - Calcutta
HARISH TANDON
- ORDER 37 RULE 4(1) CPC - SUMMARY JUDGMENT - SETTING ASIDE - CONDONATION OF DELAY - ORDER 37 RULE 4(1) CPC - SUMMARY JUDGMENT - ... JUDGMENT - ORDER 37 RULE 2(1) CPC - SUMMARY JUDGMENT - GROUNDS - DISMISSAL OF SUIT - FAILURE TO FILE AFFI....
1979 0 Supreme(Del) 119 • India - Delhi
D.K.KAPUR
OF ORDER 37 RULES 1, 2(3), 3(1), 3(3) AND 3(7) - CONDONATION OF DELAY IN APPEARANCE. ... The court interpreted Order 37 Rule 1 and Chapter 15 of the Original Side Rules to conclude that the amended CPC applied to summary ... The court interpreted Order 37 Rule 3(1) to hold that the time limit for appearance under Order 37 was ten days. 3. ... I....
2006 0 Supreme(Del) 1248 • India - Delhi
GITA MITTAL
Civil Procedure Code, 1908 — Order 37 Rules 3(7) & 4 - Suit based upon written agreement — It is a duty of the Court to satisfy ... of the written agreement — Sufficient cause shown by the defendant in showing the cause of delay in entering the appearance — Impugned ... that the suit was maintainable even if the defendant is ex parte — Suit not accompanied by original documents but merely photocopy ... The plaintiff also submits that the judgment/decree dated 29th august, 2000 was a....
2013 0 Supreme(Bom) 1575 • India - Bombay
ANOOP V.MOHTA
Civil Procedure Code, 1908 - Order XXXVII, Rule 2, Order XLVII, Rule 1 - Dismissal of summary suit in default. - ... The Plaintiffs-Applicants have taken out this Notice of Motion, as Summary Suit under Order XXXVII of the Code of Civil Procedure (for short, CPC) and Summons For Judgment arising out of the same, were dismissed on 11 November 2011 as none appeared for the Plainti....
• India - Current Civil Cases
SANJAY KUMAR
under S. 67(2)(e) of the Act, 1948 concerned — No hesitation in holding that summary rejection of applications filed by petitioners ... 2(4) — Condonation of Delay — Initial failure on part of petitioners and/or their predecessors-in-title — In seeking condonation ... Section 11(a) — Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Grant of Ryotwari Patta Rules, 1973 — Rule ... Reference was also made to a Division Bench judgment....
2022 0 Supreme(UK) 32 • India - Uttarakhand
SHARAD KUMAR SHARMA
The judgment concludes that the revisional court's order has only affirmed the order of remand of a summary proceeding, which is ... The court also addresses the issue of delay condonation and the application of the Code of Civil Procedure to the summary proceedings ... The judgment emphasizes that the proceedings under the Land Revenue Act are summary in nature and governed by their own procedural ... to the delay....
1999 0 Supreme(Del) 1006 • India - Delhi
VIKRAMAJIT SEN
Fact of the Case: The defendant applied for condonation of delay in filing its leave to defend in a summary suit. ... SERVICE OF SUMMONS - ORDER XXXVII, RULE 3(2) - INTERPRETATION - "LEFT" - MEANING AND PROCEDURE - SERVICE OF SUMMONS FOR JUDGMENT ... - PROPER SERVICE - REQUIREMENTS - ORDER V, RULE 17 - APPLICABILITY - CONDONATION OF DELAY IN FILING LEAVE TO DEFEND - JUSTIFICATI....
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