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A civil suit was filed under Order XXXVII of the Code of Civil Procedure, 1908 ('CPC'). The defendant…

The defendant can file a regular first appeal under Section 96 against the decree passed in the summary suit. In that appeal, the defendant may challenge the refusal of…

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A civil suit was filed under Order XXXVII of the Code of Civil Procedure, 1908 ('CPC'). The defendant filed an application under Order XXXVII Rule 3 (5) CPC seeking leave to defend. The said application of the defendant was dismissed by the Trial Court and the suit was decreed. Under which provisions is recourse available for the defendant against the said impugned order?

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The defendant can file a regular first appeal under Section 96 against the decree passed in the summary suit. In that appeal, the defendant may challenge the refusal of leave to defend that led to the decree. Section 100 concerns second appeals, while Order XLIII governs specified appeals from orders rather than this resulting original decree.

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