Civil Procedure Code

Good question.

See Manish Code of Civil Procedure is procedual law and the orders and provisions guides the suit from stage to stage as the trial advances.

Now Order 37 CPC relates to Summary Suits based on instruments and leave to defend the summary suit is matter of procedure if the defendant upon service shows substantial grounds and leave to defend is granted it does not amount to stay at all nor it is pari materia with the provisions of Order 39 CPC.

Order 39 CPC deals with 

reliefs during the pendency of suit and different criterion for determination i.e. prima facie case, balance of convience, irrparable loss 

hope this wil help

pl.see O.37,rule 6(b) and rule 7. O.39 cannot be invoked for recovery.When court grants permission to defend the suit,the summary suit will be converted into simple suit.Money can be recovered only after the judgment and decree and not pending trhe suit.

Sir, Thanks - I understood we cannot mix the O. 37 and O. 39 . However one thing i am not clear - If I am getting leave to defend order - that means it cannot be considered as stay - then suppose if Plaintiif  has other mode of recovery and if he recovers it from that mode then the whole process of litigating  is in vain and the order granted by the court has not value as the Plaintiff has already recoverd the amount from the defenden  and plaintiff may now withdraw the suit and t he defendent who is havin the order of leave to defend is helpless. It would be mokery to the legal proceedings.

what other mode????????

since the leave to defend has been granted contest the suit on merits raise your defence get his suit dismissed simaple as it is 

no the Court  has quentioned whether Injunction is granted or not