Order 37 c.p.c
Mayank Kumar Advocate
(Querist) 11 May 2014
This query is : Resolved
MY QUESTION IS ONCE ADDITIONAL DISTRICT JUDGE TREAT A CASE IN ORDER 37 AND SERVED SUMMONED TO DEFENDANT AND NO ONE COME TO FILE MEMO OF APPEARANCE WITH IN 10 DAYS AFTER THAT NOR FILE LEAVE TO DEFEND AS PER TIME LIMITATION OF LAW AT NOW THIS STAGE COURT IS ASKING CLARIFICATION TO ME ABOUT SUIT NOW IN MY SUIT COURT ORDERED PLAINTIFF FAILED TO SATISFY TO COURT SOME CLARIFICATION AND COURT MY SUIT CONVERT INTO SIMPLE RECOVERY SUIT
1. THIS IS RIGHT AS PER LAW ONCE TREAT A SUIT IN ORDER 37 AND SERVICING TO DEFENDANT AFTER THAT COURT CAN CONVERT SUIT INTO SIMPLE RECOVERY SUIT
2. DOES ADJ HAVE A POWER TO review HIS ORDER ?
Anand Bali Adv.
(Expert) 11 May 2014
Dear Friend,
Yes the Summery suits can be converted to the simple suit of recovery only with the consent of the respective Advocate representing the case with an option to get it withdraw in case he is not satisfying the court that why his suit be treated with in the parameters of the Ord 37 CPC, as it is clearly defines what kind of the cases can only be taken in to the frame of Ord 37 summery Suits/trials.
Here you can file an application in the same court, on the grounds that why not this case be taken under the preview of the Ord 37 as laid down under the Act? or file a Review petition to the same court.
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Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
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Mayank Kumar Advocate
(Querist) 11 May 2014
but has done without consent of advocate/plaintiff
now question once court summoned in order 37 to defendant the when defendant did not come in court at this stage court should decreed in favour of plaintiff but court asked to plaintiff some clarification plaintiff gave but court is not satisfied on next date of hearing court convert my suit order 37 into simple recover without advocate and plaintiff
2. now my question is court can review his order by itself
3 if court is not satisfy my suit as treat in order 37 he should not have served summoned to defendant ?
ajay sethi
(Expert) 11 May 2014
if defendant has not filed his appearance plaintiff can seek exparte decree against defendant . court has to be satisfied whether suit filed by plaintiff falls within the ambit of summary suit . if you are aggrieved by the order passed by additional district judge file appeal against said order
Rajendra K Goyal
(Expert) 11 May 2014
If you are aggrieved by the order you can go for appeal.
Mayank Kumar Advocate
(Querist) 11 May 2014
court convert my suit into simple recovery
i think i should go in revision of this order. ADJ AGAIN ORDERED FOR SUMMONING TO DEFENDANT
ANIL AGARWAL
(Expert) 12 May 2014
if your suit falls within the ambit of Order XXXVII of C.P.C., it has to be treated as Summary Suit.
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
If the court has ordered from fresh summons to defendant, you may follow the procedure for it, wait for service of summon to the defendant, his appearance on the next date of hearing after confirming the service of summon to him, then you can seek an exparte decree against the defendant.
Surrender K Singal
(Expert) 14 May 2014
Fresh summons are not u/o. XXXVII ?
Review application may be preferred before Appeal !
