AI Overview...
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Order 37 Rule 3(7) - Agreement to sale and non-performance leading to forfeiture of amount: This rule pertains to cases where an agreement to sell has been made but not performed, allowing the court to order forfeiture of the earnest money or deposit if certain conditions are met. An application under this rule can be filed by the defendant seeking forfeiture, as seen in IA No. 23676/2015. VERSATILE COMMOTRADE PRIVATE LIMITED VS CHIRANJI LAL - Delhi
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Delay in entering appearance and ex parte decrees: If defendants delay in appearing, courts may pass ex parte decrees, but they must ensure proper notice and opportunity before such orders, especially under Rule 3(7), are upheld. Proper procedure involves giving defendants copies of notices and hearing opportunities before passing ex parte orders. Meena Patel VS Harsh Ajay Banker - Gujarat
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Applications under Order XXXVII Rules 3 and 11: These rules govern the defendant's right to defend in suits based on promissory notes, cheques, or agreements. Defendants can seek leave to defend or oppose applications for summary judgment, and courts analyze whether proper procedures, including notices and opportunities, are followed. Ajanta Raj Proteins Pvt. Ltd. VS Himanshu Foods Pvt. Ltd. - Delhi, Raghveera Sons represented by Partner C. H. Hanumantha Reddy VS Padmavathi - Madras
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Forfeiture of amounts and non-performance: Courts examine whether conditions for forfeiture under Order 37 Rule 3(7) are satisfied, including breach of agreement and non-performance. Forfeiture is generally granted when the agreement is clear, and non-performance is established. VERSATILE COMMOTRADE PRIVATE LIMITED VS CHIRANJI LAL - Delhi
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Jurisdiction and procedural issues: Some sources discuss the jurisdiction of civil courts over matters like partition or land revenue issues, emphasizing that civil courts have limited jurisdiction unless specific principles are satisfied. These are less directly related to Order 37 Rule 3(7) but provide context on civil procedure limits. Chander Shekhar Banta vs Padam Dass - Himachal Pradesh
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Summary: Order 37 Rule 3(7) enables courts to order forfeiture of amounts in cases of non-performance of agreements to sell, with procedural safeguards including notice and hearing. Defendants' delay in appearance can lead to ex parte orders, but courts must ensure proper procedure. Applications under Rules 3 and 11 facilitate defense or opposition in summary suits, with courts scrutinizing procedural adherence and substantive grounds for forfeiture or defense.
References: - VERSATILE COMMOTRADE PRIVATE LIMITED VS CHIRANJI LAL - Delhi - Ajanta Raj Proteins Pvt. Ltd. VS Himanshu Foods Pvt. Ltd. - Delhi - Meena Patel VS Harsh Ajay Banker - Gujarat - Raghveera Sons represented by Partner C. H. Hanumantha Reddy VS Padmavathi - Madras
Search Results for "Order 37 Rule 3 7 of Civil Procedure Code 1908"
2017 0 Supreme(Del) 927 • India - Delhi
DEEPA SHARMA
Civil Procedure Code, 1908 - Order 37 Rule 3 (7) - Agreement to sale - Non performance - Forfeiture of amount ... ... IA No. 23676/2015 (moved by defendants under Order XXXVII Rule 3 (7) CPC r/w S.151 CPC) ... 1. ... The present application of the defendants under Order XXXVII Rule 3 (7) of....
2018 0 Supreme(Del) 968 • India - Delhi
PRATHIBA M.SINGH
Civil Procedure Code, 1908 - Order 37 Rule 3, Order 7 Rule 11 - Cheque was dishonoured - Recovery - Leave ... Defendants have given the cheque numbers - Bald denial of the receipt of these payments - Plaintiff does not say that despite the above 3 ... (hereinafter, ‘Defendant’) filed two applications for leave to defend under Order XXXVII Rule 3 and under #HL_ST....
2025 0 Supreme(HP) 348 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Land Revenue Act, 1954 - Sections 171, 37(3), and 46 - Civil Procedure Code, 1908 - Order 7 Rule 11 - Jurisdiction of Civil Court ... - The petition challenges the dismissal of an application under Order 7 Rule 11, asserting that partition proceedings fall exclusively ... The court held that civil courts lack jurisdiction over partition matters unless fundamental principles of ju....
2019 0 Supreme(Bom) 2622 • India - Bombay
K. K. TATED
Code of Civil Procedure, 1908 - Order 7 and 37 Rule 3 (7)and 11 - Constitution of India,1950 - Article 227 ... - Challenges Order - Civil Suit - Condonation - Special Civil Suit - Recovery of sum amount - Held, At this stage counsel for Respondent ... She submits that Trial Court failed to consider the fact that as per Order 37 Rule 3....
2023 0 Supreme(Del) 21 • India - Delhi
MINI PUSHKARNA
Code of Civil Procedure, 1908 - Section 151, Order 37 Rule 3(7) - Companies Act, 1956 - Condonation of delay ... 37 CPC - It is also pertinent to note that defendant would not benefit or profit in any manner by not entering appearance within ... on behalf of defendants that functionaries of defendants who received summons in suit were completely unaware of provisions of Order ... This is an application under #HL_ST....
1977 0 Supreme(Mad) 394 • India - Madras
A.VARADARAJAN, P.GOVINDAN NAIR
Code of Civil Procedure, 1908—Order 37, rule 3—High Court Original Side Rules, Order 7, rule 6(1)—Suit filed on promissory note—Application ... The appellants filed Application No. 2825 of 1976 before the Master under Order 37 , Rule 3 (2) , Civil Procedure Code and under Order 7 , Rule 6 (1....
2023 0 Supreme(Ker) 331 • India - Kerala
M. R. ANITHA
Procedure, 1908 - Order 9 Rule 7 - Advocates Act, 1961 - Section 32 - Suo moto proceedings - Registration of township project - ... Real Estate regulation and Development Act, 2016 - Section 3, 4(2)(i), 35, 34(f), 36, 37, 15 - Code of Civil ... Whether section 3 Real Estate regulation and Development Act, 2016 contemplates registration when completion of project and issue ... Arjun Singh classifies the interlocutory orders into three types: (a) order....
2015 0 Supreme(Mad) 3642 • India - Madras
S.VIMALA
Tamil Nadu Court Fees and Suit Valuation Act, 1955 – Section 37 – Code of Civil Procedure, 1908 – Order ... 7 Rule 11, Order 2 Rule 3, Sections 121, 122, 129 and 131 – Valuation of the suit – Application has been filed by the second defendant ... corrected valuation and in the event of failure to reject the plaint. – The plaintiff is the first respondent and defendants 1 and 3 ... the part of the plaintiff and the ....
2009 0 Supreme(Guj) 181 • India - Gujarat
M.S.SHAH
Order 37 Rule 3(7) — Delay of defendants in entering appearance — Passing of exparte decree — Sustainability — Finding as to — In ... Head Note : ... Civil Procedure Code, 1908 (Central Act 5 of 1908) — ... after giving copies of Exh. 9 and Exh. 10 to defendants ought have further given opportunity of hearing before passing ex parte order ... The provisions of Sub-rule (7) of Rule#HL_END....
2016 0 Supreme(Del) 988 • India - Delhi
PRADEEP NANDRAJOG, MUKTA GUPTA
Negligence - Civil Procedure - Code of Civil Procedure, 1908 - Order 37 Rule 4(5), Order 37 Rule 3(4), Order 37 Rule 3(5), Order ... 37 Rule 2(2), Order 7 Rule 11, Order 9 Rule 4, #HL_....
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