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Uday Kumar (Lawyer)     31 December 2021

Summary suit u/o 37 cpc against two defendants

Dear Sir,

I have filed a Summary Suit Under Order 37 CPC for Recovery of Money against two Defendants payable jointly as well  severally, 

1. Defendant No 1 appeared and filed Memo of Appearance + LTOD on time

2. Defendant No 2 appeared but did not file LTOD 

Court is of the View that in that case suit shall be decreed against D-2, but raised the following question 

Can Suit be decreed against Defendant No 2 only  ignoring D-1

If LTOD of D1 is allowed then can D2 get the chance to file WS as well 

Any judgment shall be helpful , please assist friend.  

With Regards

Uday Kumar 

 

   

 

 



Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     01 January 2022

Let the leave to defend be decided if leave is granted then both the defendant will get chance to submit w.s else suit will be dismissed.

Aryan Raj   04 January 2022

In response to your query,

In your case if,

(1) the defendant has not applied for leave to defend or if such an application has been made but denied, or

(2) the defendant who has been granted leave to defend fails to comply with the conditions on which the leave to defend was granted; the court dealing with summary suits can enter judgement in your(plaintiff’s) favor.

Regards,

Aryan Raj 

Uday Kumar (Lawyer)     04 January 2022

Sir, 

Question is not absolutely this, rather 

1. No Leave to Defend Filed by Defendant No. 1 

2. Leave to Defend  Filed by by Defendant No. 2

What Court will do Sir 

 

With Regards 

Uday Kumar

 


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