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    <title>2015 (10) TMI 2868 - DELHI HIGH COURT</title>
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    <description>A claim for recovery based on a running account, compromise deed and later statements of account is not maintainable as a summary suit under Order XXXVII CPC unless a written instrument itself discloses a liquidated demand or admitted liability. Where the suit amount must be worked out from multiple agreements, repayment schedules, subsequent payments and account entries, the claim is one for balance due at the foot of the account and requires proof beyond the written contract. The court therefore held that the suit did not fall within the limited scope of Order XXXVII, granted the defendants leave to defend, and directed the matter to proceed as an ordinary suit with costs.</description>
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    <pubDate>Fri, 16 Oct 2015 00:00:00 +0530</pubDate>
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      <title>2015 (10) TMI 2868 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=462682</link>
      <description>A claim for recovery based on a running account, compromise deed and later statements of account is not maintainable as a summary suit under Order XXXVII CPC unless a written instrument itself discloses a liquidated demand or admitted liability. Where the suit amount must be worked out from multiple agreements, repayment schedules, subsequent payments and account entries, the claim is one for balance due at the foot of the account and requires proof beyond the written contract. The court therefore held that the suit did not fall within the limited scope of Order XXXVII, granted the defendants leave to defend, and directed the matter to proceed as an ordinary suit with costs.</description>
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      <pubDate>Fri, 16 Oct 2015 00:00:00 +0530</pubDate>
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