civil suit order 37

 You can also move an application for amendment under Order 6 Rule 17 

 but both the enterprises are of same person and account statement is of the company which filed the suit  

actually the dedefandant was dealing with limited company first and then the business was transfered with the properitor concern

the cheque was given as a security to limited company

but the account statement is with the properitor concern

plz advice

1. Is proprietor of the Company, one of the parties to the suit? 2. Which company issued the cheque? 3. the facts are not clear explain again and in detail your case can be sorted upon moving an application under Order 6 Rule 17 and amending the suit.

 propriotor of the firm is also the md of the company and the suit is instituted in the capacity of properioter of firm but there is a resolution of the company authorizing him proeprietor of the concern to file suit for recovery in both capacities 

defandant was dealing with ltd. company first than the business was transfered with the properitor firm the cheque was issued by the defandant as a security to the ltd company but when business was transfered to properitor firm no new cheque was taken as a security from him

Plz advice

Mr.Sourav,

The holder of every dishnoured bill of exchange or promissory note shall have the same remedies for the recovery of the expenses incurred in notice the same for non_acceptance or non_payment, or otherwise, by reason of such dishonour, as he has under 37  Order for the recovery of the amunt of such bill or note.

 The other part is Section 37 deals with a summary suit.  Steps shall be taken only in Form 4 of Appendix "B"  at the time of filing the suit itself.  If defendant does not attend within 10 days of service of notice, you can ask of judgment forwith.

 The other part is  Order 37 deals with a summary suit.  Steps shall be taken only in Form 4 of Appendix "B"  at the time of filing the suit itself.  If defendant does not attend within 10 days of service of notice, you can ask of judgment forwith.

Agreed