Rule 1-7
i. Written contract
ii. Enactment, sum recovered is fixed, debt or penalty
iii. Guarantee, claim against principal is debt or liquidated
demand
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m 6 of egotiable Instruments Act
(oral agreements to pay interest excluded)
m Defendant who has failed to obtain leave to
defend
m rudgment
if-
Defendant
for leave or
applied but
m
m Plaintiff serves a copy of plaint with annexure
m Within 10 days of such service,
m Defendant enters appearance
m He files address for service of notice
m Deemed to be served when left at address given by him.
m Entering appearance, notice from defendant to plaintiff
m Enters Appearance, plaintiff serves summons for judgment
in Form o. 4A in Appendix B
m Returnable not less than 10 days from date of service
supported by affidavit verifying Cause of Action & Amount
claimed.
m Leave to defend given
if prima facie case or
triable issue.
m Leave should be made
if court doubts the bona
fides of defendant or thinks that the defence is put only in order
to gain time.
m Held that once it was found that exists, leave
should be given.
m Committee does
on which leave
to defend will be refused.
It says it
m After decree of the court may, under special circumstances,
Court stay or set aside decree or set aside or stay execution and
give leave to defendant to appear on reasonable terms as court
thinks fit.
!
m Power to order bill etc, to be deposited with officer of court and
proceedings will be stayed until plaintiff gives security.
"
m Recovery of cost of noting non- acceptance of dishonoured bill or
note shall have same remedies as the one whose bill of
exchange or promissory note has been dishonoured.
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m Procedure in summary suits is same as in ordinary suit.
Case of negotiable instruments
rudgment delivered
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