Law:

Section:

(a) Civil Procedure Code (V of 1908)-- ---- OXXXVII, R.2 & O.IX, Rr.6 & 11---Leave to appear and defend suit--- Default in obtaining such leave or default in appearance and defence-­Effect --- Other provisions of Civil Procedure Code, 1908, when attracted in a suit filed in summary jurisdiction under OXXXVII, R.2, Civil Procedure Code, 1908 --- Right to defend suit under provisions of OXXXVII, R.2, Civil Procedure Code, 1908, could be availed only when leave had been granted to defendant to appear and defend suit --- In default of obtaining such leave or in default of defendant' appearance and defence, allegations in the plaint would be deemed to be admitted and plaintiff would be entitled to a decree---Suit filed under provisions of OXXXVII, Civil Procedure Code, 1908, would attract other provisions of the Code only, when leave had been granted and defendant after obtaining leave had appeared to defend suit --- Where defendant had not. applied for grant of leave or where leave had been granted conditionally and that condition had not been fulfilled or where leave had been granted, and/or condition had been fulfilled but defendant failed to appear and defend suit, allegations in the plaint would be deemed to be admitted and plaintiff would be entitled to decree --- Proceedings under OXXXVII, Civil Procedure Code, 1908, in such case would neither be ex parte nor decree granted would be ex parte in terms of O.IX, Rs.6 & 11, Civil Procedure Code, 1908. (b) Civil Procedure Code (v of 1908) - ---- S.2(2) --- Decree on basis of admission or acceptance of claim by defendant and decree after adjudication of disputed facts --- Effect --- In case of decree based on admission or acceptance of . claim by defendant there was no adjudication on disputed issues --- Even in those cases where several defendants had entered the issues, there could be conflicting decrees against different defendants inasmuch as Court could decree the claim against some of the defendants. and dismiss the suit against others --- Such conflicting decree would neither. offend against administration of justice, nor any rule of logic or fundamental legal principles. (c) Civil Procedure Code…

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