SUNANDA RAM CHOUDHURY Vs. HEMEN PRASAD DUTTA

JUDGEMENT

(1.) Heard Ms. A. Saikia, the learned counsel appearing on behalf of the petitioner and Mr. S. B. Prasad, the learned counsel appearing on behalf of the respondents.

(2.) The supervisory jurisdiction of this Court have been invoked to challenge the order dtd. 30/11/2023 passed in Summary Suit No.10/2023 as well as the subsequent order of rejection of the review petition dtd. 6/3/2024.

(3.) The learned counsel appearing on behalf of the petitioner submitted that taking into account that the suit was filed within the ambit of Order XXXVII of the Code of Civil Procedure, 1908 (for short 'the Code') without seeking a leave to defend, the question of permitting the defendant to file a written statement is beyond the provisions of Order XXXVII of the Code. In that regard, the learned counsel referred to the judgment of the Supreme Court in the case of Design and Handels GMBH reported in (2008) 14 SCC 457.