Special Procedure under Order XXXVII, C.P.C.: Filing and Defending Cases on Negotiable Instruments.
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| Process of summons in order 37 suit. |
خصوصی کارروائی:
قابل منتقلی دستاویزات کے تحت مقدمات
او.XXXVII، سویل پروسیجر کوڈ کے تحت مقدمہ درج کرنے کی خاصیت
مدعا علیہ کی شرکت اور دفاع کا طریقہ
نوٹس کے فارمیٹ اور تقاضے
عام سول مقدمے اور37 کے مقدمے میں فرق
Must read Judgement
special dispensation---Under O. XXXVII, C.P.C., unlike a regular civil suit, procedure has been provided to file and proceed with the suit filed on the basis of negotiable instruments, as contemplated in the Negotiable Instruments Act, 1881---In a suit filed under O.XXXVII, C.P.C, which is summary in nature, under R.3 of the said Order, a defendant, who has been served, within stipulated time, has to seek leave to appear and defend the suit and once the leave is granted, the suit shall be converted into a regular civil suit and will be decided in accordance with the general procedure prescribed in C.P.C.---Unlike the regular civil suit where summons for service of the defendant is issued under O.V, Rr.1 & 5, C.P.C., the format of which is given in Form No. 2 Appendix-B, C.P.C., in a suit filed under O.XXXVII, C.P.C., R.2 of C.P.C. a defendant has to be issued summons in the specific format as given in Form No. 4, Appendix-B of C.P.C.---Cumulative reading of the summonses, Forms 2 & 4, Appendix-B of C.P.C., would show that unlike a regular civil suit, where defendant is called to appear in the court, either himself or through a representative in a suit filed under O. XXXVII, C.P.C., defendant can only contest the suit subject to grant of leave to appear and defend the suit, that too on an application filed by him within 10 days of his service of summons (as provided under R. 3 of O. XXXVII, C.P.C., issued in the format given in Form 4, Appendix-B of C.P.C. (see R.2 of O. XXXVII, C.P.C.)---Text
