order 37

asifa butt (Querist) 08 May 2010 This query is : Resolved
when leave to defend is refused but suit is not decreed under order 37 rule 1and 2 C.P.C and judge has called the evidence of plaintiff what would be the remedy against order of refusal?remember decree is not passed

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prakash vathore (Expert) 08 May 2010
you have to file appeal against the order passed in the summons for judgement.

Virender Pankaj (Expert) 08 May 2010
Dear Asifa Butt
Either your query is wrong or the Court is adopting wrong practice. When the application for leave to defend is rejected/refused, the Court shall pass a judgment in favor of the plaintiff forthwith as per the order 37 of CPC and decree will be prepared accordingly. Therefore an appeal u/s 96 of CPC shall lie against the decree passed in order 37[3](6).
No evidence would be called from the plaintiff after dismissal of the application of leave to defend.
The Court may also set aside the decree or stay execution proceedings under special circumstances, if the application under order 37 rule 4 CPC is moved.
It is normal practice of the Court that after passing of judgment, the decree is prepared by the Court staff, which may take time.

niranjan (Expert) 08 May 2010
I agree with Mr. Virenderji. You should apply under 37 (3)(6)(a) for decree and if judge rejects that application you may prefer appeal.

asifa butt (Querist) 08 May 2010
it is not necessart that judge may pass a decree it is his discretion.

asifa butt (Querist) 08 May 2010
and i m from defendant

asifa butt (Querist) 08 May 2010
is indean banking law is similar to pakistani law.how does indian law define cost of funds.when does it accrue?how the period is calculated?and can a bank can claim cost of funs for late payment of rentals

asifa butt (Querist) 08 May 2010
when an apllication for setting aside ex-parte order does not mention the date and source of knowlege of the pendency of lis.what wud be the legal effects?