Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII Rr.1, 2 , 115

Civil Procedure Code (V of 1908)---

----O.XXXVII Rr.1, 2 & S. 115---Recovery suit on the basis of cheque---Ex parte proceedings in summary suit---Production of evidence in proof of claim, requirement of---Scope---Principle of natural justice and procedured fairness--Contention of the petitioner/plaintiff was that since an ex parte order had been passed against the defendants/respondents, thus, instead of passing an order for production of evidence of the plaintiff, Trial Courts hould have decreed the suit--Validity---In summary suits under O. XXXVII, C.P.C., where defendants are proceeded against ex parte, the plaintiff is still required to lead evidence to prove his claim---Ex parte decree in a summary suit under O. XXXVII, C.P.C. is not automatic---Plaintiff must provide sufficient evidence to allow the court to scrutinize the genuineness of the claim for ensuring that the judgment is based on solid proof---Necessity of recording plaintiff's evidence, even in ex parte summary suit proceedings, stems from principles of natural justice and fairness in procedure--Civil revision was dismissed in limine in circumstance.