Section XXXVII of the Code of Procedure
speaks about the recovery suit in the matter of the recovery of the promised contracts and money
This clearly says that if under rule 2(6) the defendant is unable to file a leave for defend then the plaintiff will immediately be able to file for the judgment and then will not have the right to defend himself. This section of CPC explains a lot about the recovery of the money that is debt by any person or in other many cases like the
dishonoring of cheques and hundies.
Explanation XXXVII of
CPC, or Recovery suit
As per rule 2 of order 37, affirmation is required. And, no relief will be granted which will fall under the ambit of the section. And, to get the degree suit under
order 37 of the act these two procedures are available.
Falling under 2(3) the accused should have given the appearance in the court within the
10 days of receiving the summons from the related court. Once it is done, he is required to confirm the cause, amount of money, and the charges of his petition.
This falls under the 2 (6) order states that if the defendant is unable to or does not apply for the leave to defend then the petitioner has the right to file a request for immediate judgment. And then the accused will be liable to pay the due amount.
Case law
In this case, the three judges’ bench declared in his judgment that the substantial defence does not mean that the defendant discloses the mere facts. But, he should present the full detailed copy of the submission.
