Law:

Section:

a) Civil Procedure Code (V of 1908)-------0. XXXVII, Rr.l, 2, 3 & 4---Interpretation, scope and application of OXXXVII, Rr.l, 2, 3 & 4, C.P.C. A perusal of Rule 1, Order XXXVII, C.P.C. indicates that the Order is applicable to the High Court, to the District Court and to any other Civil Court notified in this behalf by the High Court. Under sub-rule (1) of Rule 2, it has been laid down that all suits upon bills of exchange, hundies or promissory notes, may, in case the plaintiff so desires, be instituted by presenting a plaint in the form prescribed, but the summons shall be in Form No.4, in Appendix B or any such other form as may be from time to time prescribed. Sub-rule (2) of Rule 2 of the Order envisages that if a suit is filed in terms of sub-rule (1), the defendant shall not appear to defend the suit unless he obtains leave from a Judge as hereinafter provided so to appear and defend. It further contemplates that in default of his obtaining such leave or of his appearance and defence in pursuance thereof, the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree in terms of sub-clauses (a), (b) and (c) provided in aforesaid sub-rule (2). Whereas, sub-rule (3) thereof lays down that a decree passed under the above rule may be executed forthwith. Rule 3 deals with a case in which a defendant after receipt of the summons in Form No.4 as provided in Appendix is to the C.Y.C. appears in Court within the prescribed time, namely, 10 days specified in the above Form and applies for leave to defend by disclosing upon an affidavit such facts as would make it incumbent on the holder i.e. the holder of the documents referred to in sub-rule (1) to Rule 2, namely, bills of exchange, hundies or promissory notes, to prove consideration or such other facts as the Court may deem sufficient to support the application. Whereas sub-rule (2) of Rule 3 lays down that leave to defend may be given unconditionally or subject to such terms as to payment into Court, giving security, framing and recording issues or otherwise as the Court may think fit. Sub-rule (3) thereof, which was incorporated by Ordinance No. X of 1980,…

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