Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Procedure Code 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Practice and Procedure:Civil Procedure C'ode,1908: 0.9. Rules II and 13, 0.34 and 0.37, R.4:Suit for recovery-Trial Court decreed suit ex-part-Dismissed applicationunder Order 37 Rule 4 thereafter holding no special circumstances/facts averredin the application justifying entitlement of petitioner to defend the suit-Revisionpetition dismissed by High Court-On appeal, held, though appellant hasshown sufficient cause for his absence on the date when court passed ex-partdecree, he failed to disclose facts which would entitle him to defend the case-Hence, High Court rightly declined to set aside ex-part decree under 0.37Rule 4-Since liability does not arise out of commercial transactions, rate ofinterest reduced from 18% to 6% p.a.-Directions issued.0.37-leave w defend-Procedure--Grant of-Held: Since 0.37 doesnot speak of the procedure while granting leave to defend, the procedureapplicable to suit instituted in the ordinary manner will apply.Suits instituted in the ordinary manner and suits filed under 0.37. R.4-Distinction between-Discussed.Words & Phrases:'Special circumstances '---Meaning of in the can/ext of suit filed under0.37 C'PC. |
Judge | Hon'ble Mr. Justice S.S.M. Quadri |
Neutral Citation | 2003 INSC 190 |
Petitioner | Rajni Kumar |
Respondent | Suresh Kumar Malhotra And Anr. |
SCR | [2003] 3 S.C.R. 66 |
Judgement Date | 2003-03-28 |
Case Number | 2538 |
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