Order 37 CPC Court Procedure | Leave to Defend | Court Proceeding

**********************************************
HOW TO WRITE CRIMINAL JUDGMENT    • JUDGMENT WRITING CLASS || GO LEGAL  
An Order 37 suit, as established under Order 37 of the Civil Procedure Code (CPC) of 1908, is a legal provision that outlines a summary procedure for handling specific types of civil suits. This particular order was created with the intention of expediting the resolution of cases in situations where the defendant has no valid defense and seeks to unduly hinder the legal process. Here are some key points regarding Order 37 suits:

*Purpose of Order 37 Suit:*
The primary objective of Order 37 suits is to eliminate unnecessary delays caused by defendants who lack a valid defense and to facilitate the swift disposal of cases. It is designed to ensure that defendants do not prolong litigation by asserting baseless or unreasonable defenses, especially in cases where a quick resolution is essential for economic transactions.

*Constituents of Order 37 CPC:*
Order 37 CPC comprises several rules and provisions that govern the procedure for summary suits. Here are some important constituents of Order 37 CPC:

1. *Application of Order:* Order 37 applies to certain types of suits and can be brought before various levels of courts, including civil judges, additional district judges, high court judges, or other courts with financial jurisdiction.

2. *Institution of Summary Suits:* The plaintiff initiating a summary suit must provide all relevant details in the plaint, expressly stating that the complaint is filed under Order 37. The summons to the defendant must adhere to a specific format, and if the defendant fails to appear within ten days of receiving the summons, the claim is presumed acknowledged.

3. *Defendant Showing Defense:* The defendant must appear in court within ten days of receiving the summons and notify the plaintiff or their pleader of their attendance. The plaintiff can then issue a summons for judgment, which includes an affidavit certifying the basis of the action and the sum claimed, asserting that there is no defense to the suit.

4. *Leave to Defend:* If the defendant wishes to defend the suit, they must apply for leave to do so within ten days of receiving the notice. The court may grant leave to defend unconditionally or with certain conditions unless the defense presented appears frivolous or unreasonable.

5. *Setting Aside Decree:* The court has the authority to set aside ex-parte decrees entered in summary suits if there are valid reasons, such as improper service of summons or a legitimate excuse for the defendant's absence.

6. *Deposit of Bills:* In some cases, the court may direct the deposit of disputed negotiable instruments with a court officer, and it may also require the plaintiff or defendant to provide security as a guarantee of good faith.

7. *Recovery of Costs:* Parties holding dishonored bills or promissory notes may seek restitution of costs incurred in the recovery process.

8. *Procedure in Suits:* Except for the specific provisions in Order 37, the procedure in summary suits follows the general procedure for ordinary civil suits.

Order 37 CPC is primarily designed to expedite the resolution of disputes in cases where it is evident that the defendant lacks a genuine defense, thereby promoting efficiency and fairness in the legal process, especially in matters related to financial claims and transactions.

Our Website - https://thegolegal.com

Legal Drafting - https://thegolegal.com/download/

Judgment Writing Playlist
   • Judgment Writing  

Civil Procedure Code Playlist
   • Civil Procedure Code  

Indian Evidence Act Playlist
   • Indian Evidence Act  

Indian Penal Code Playlist
   • Indian Penal Code  

Criminal Procedure Code Playlist
   • Criminal Procedure Code  

Previous year Question papers Playlist
   • Previous Year question papers  

Specific Relief Act Playlist
   • Specific Relief Act  

Limitation Act Playlist
   • Limitation Act, 1963  
Thank you for Watching GO LEGAL
=--------------------------------------------------------------------------
To know about ITR (Income tax Return) or GST you can contact 8383843679
--------------------------------------------------------------------
JOIN US FOR PAID ONLINE CLASSES
For more information
Contact : 8383843679 (whtsapp only )
Gmail: [email protected]