Uday Kumar (Lawyer) 29 October 2022
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.
MAY I REQUEST FOR LEGAL ANSWER FOR THE SAME
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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