After appearing in Summary suit by opponent, is there any limitation for the applicant to file SJ ? If the applicant not filing SJ for long time, what will be the impact ?
vikas (law incharge) 26 May 2016
After appearing in Summary suit by opponent, is there any limitation for the applicant to file SJ ? If the applicant not filing SJ for long time, what will be the impact ?
Env Coord (.) 26 May 2016
If respondent/opponent fails to appear or file a written statement for defending the suit, then as per Sub-Rule 3 of Rule 2 of Order 37 (Summary Suits), the plaintiff will be entitled to an ex-parte decree and lawsuit will be partly/fully decreed in favour of Plaintiff by the Court.
Decree shall be followed by Judgement by the Court.
Thereafter, Respondents/Opponents will be served a copy of decree/Judgement. If Respondents/opponents fails to appeal against this Decree within 90 Days from the Date of Judgement, then the Decree becomes final & binding and would be executable as per application of Decree-Holder.
Decree-Holder shall file an Execution Petition in the Court specifing the mode of execution of decree against the Judgement-Debtor.
Mode of Execution of Decree : https://cja.gov.in/data/Executions.pdf
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