Order XXXVII of the Code of Civil Procedure (for short "the Code") -Petition to Set aisde exparte Decree in summary suit
Order XXXVII of the Code of Civil Procedure (for short "the Code") -Petition to Set aisde exparte Decree in summary suit = whether the courts below are justified in declining the prayer of the appellant to set aside the ex-parte decree and to grant leave to appeal to defend the summary suit.= Though the summons were duly served on the wife of the appellant on 19th December, 2009, the appellant failed to enter appearance within ten days on which the trial Court passed the ex-parte decree on 24th February, 2010.= Dealing with the objection of the appellant, the Courts below held that the suit was for recovery on account of dishonour of cheques and was not in respect of the transaction of property. Presumption under Section 118 of the Negotiable Instruments Act was available. The appellant had failed to enter appearance without any justification i...