Subject to the court-application provisions of Order XXXVII CPC, which of these classes of suits…
Order XXXVII rule 1 covers suits upon bills of exchange, hundis and promissory notes, and suits seeking only a debt or liquidated demand arising from a written contract. An…
Choose your answer
Subject to the court-application provisions of Order XXXVII CPC, which of these classes of suits qualify for its summary procedure?
I. Suits upon bills of exchange, hundis and promissory notes.
II. Suits seeking only a debt or liquidated demand in money arising from a written contract.
III. Ordinary suits seeking unliquidated damages for breach of contract.
Answer and explanation
Correct answer D
Order XXXVII rule 1 covers suits upon bills of exchange, hundis and promissory notes, and suits seeking only a debt or liquidated demand arising from a written contract. An ordinary unliquidated damages claim is not included merely because it alleges breach of contract. The Order is subject to its court-application provisions.
Option feedback
Option A
Suits upon bills of exchange, hundis and promissory notes are covered, but this is not the only listed qualifying class.
Option B
A suit seeking only a debt or liquidated demand arising from a written contract qualifies, but this is not the only listed class.
Option C
An ordinary claim for unliquidated damages for breach requires assessment and does not qualify merely because it is contractual.
Option D
Both the negotiable-instrument class and the qualifying written-contract liquidated-demand class fall within rule 1(2).
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