The question (12 marks)
A supplier of packaging material lends a fixed sum to a trader under a written loan agreement executed at Mumbai. The trader gives a cheque for the amount on the due date; the cheque is returned unpaid for want of funds, and the trader does not answer the advocate's notice. The supplier learns that the trader has put his only flat in Mumbai up for sale. (a) Which procedure should the supplier adopt and what must the plaint contain to attract it? (b) What can the trader do on being served, and on what condition may the court refuse him leave to defend? (c) What interim relief can the supplier ask for, and on what material? (12 marks)
MU Module I, summary suit; pack ch. 01 section 2.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Civil Pleadings, Applications and Execution of Drafting, Pleading and Conveyancing – III.
Authorities you will need
- Order XXXVII rules 1, 2, 3 and 4, Code of Civil Procedure 1908
- Form No. 4 and Form No. 4A, Appendix B, Code of Civil Procedure 1908
- Order XXXIX rules 1 and 2, Code of Civil Procedure 1908
- Section 151, Code of Civil Procedure 1908
- Section 26, Code of Civil Procedure 1908
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.