SANJIB BANERJEE,J. - (1.) The petition arises out of an order passed in a suit filed under Order 37 of the Code.
(2.) The problem appears to be in the complete lack of understanding as to the scope of Order 37 and the need to attend to such matters with a decree of urgency. In a suit under Order 37 of the Code, the defendant does not have an automatic chance to file a written statement; on the contrary, the defendant has to enter appearance and, thereafter, it is for the plaintiff to apply for summary judgment when the defendant has a chance to apply for leave to defend.
(3.) Unlike in an ordinary suit where the service of the summons and the plaint require a written statement to be filed by the defendant, in a suit instituted under Order 37 of the Code, the plaintiff is entitled to summary judgment provided the suit is in respect of a subject-matter which is covered by the relevant provision and a copy of the petition for summary judgment is served on the defendant and the defendant fails to show cause why it should not be granted conditional or unconditional leave to defend. The defendant is generally granted unconditional leave to defend in the event the defendant shows some genuine ground. The test is not that the defence must succeed but that the defence has a plausible chance of success.;