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Uday Kumar (Lawyer)     29 October 2022

Commercial suit under order 37 cpc

A summary Suit has been filed against Defendant No. 1 and Defendant No. 2

At the time of the Argument on the Leave to Defendants 

Court has raised query 

What will be the position when Leave to Defend is dismissed  against one Defendant but allowed against other Defendant.



 3 Replies

N.K.Assumi (Advocate)     30 October 2022

That Order 37 CPC looks very brief and simple at first blush, but it is hypertechnical provisions. Once leave to defend is refused decree is automatic. In your case, out of two defendants, leave to defend against one defendant is refused but allowed against the other defendant, so the suit will proceeds against the remaining defendant. But this is jusat a general persumption, as without fact  it is difficult to make any conclusions based on legal principles.

Dr J C Vashista (Advocate)     30 October 2022

Is it a summery suit under Order XXXVII CPC, 1908 or a commercial suit under section 2(c) r/w section 12 of Commercial Courts Act, 2015, which you have mix up ?

The facts posted qua grant of leave to defend for one of the two defendants qua same transaction is not believable. 

It would be better to show the case file to some other local senior lawyer 

P. Venu (Advocate)     30 October 2022

What are the facts?

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