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    <title>1981 (12) TMI 185 - DELHI HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=460781</link>
    <description>A claim for the price of goods under a written contract was treated as a debt for summary-suit purposes because it was an ascertained, presently enforceable sum, so the suit was maintainable as a summary suit. The procedural rules governing summary suits and the Original Side Rules were read as compatible, and the amended summary procedure applied to such a claim. A section 34 stay application was not barred merely because it was filed after the 20-day period under the summary procedure, provided no decree had been passed; the court also accepted sufficient cause to condone the delay under section 5 of the Limitation Act. The decree and order were set aside and the stay application remitted for decision on merits.</description>
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    <pubDate>Thu, 10 Dec 1981 00:00:00 +0530</pubDate>
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      <title>1981 (12) TMI 185 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=460781</link>
      <description>A claim for the price of goods under a written contract was treated as a debt for summary-suit purposes because it was an ascertained, presently enforceable sum, so the suit was maintainable as a summary suit. The procedural rules governing summary suits and the Original Side Rules were read as compatible, and the amended summary procedure applied to such a claim. A section 34 stay application was not barred merely because it was filed after the 20-day period under the summary procedure, provided no decree had been passed; the court also accepted sufficient cause to condone the delay under section 5 of the Limitation Act. The decree and order were set aside and the stay application remitted for decision on merits.</description>
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      <pubDate>Thu, 10 Dec 1981 00:00:00 +0530</pubDate>
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