( 1 ) [ed facts: Pff. filed summary suit of recovery of more then Rs. 13 lakh for goods supplied and hundies issued against bis bills. The Deft. applied for permission to defend on the plea that hundies were without consideration and were given to accommodate pff. That Deft. is a wholesaler and never bought goods from pff. and latter has sued him fraudulently. ] After detailing above, judgment is :

( 2 ) LEARNED Counsel for Deft. has cited two Supreme Court cases to show in what circumstances conditional or un-conditional leave can be granted by the Court. It will be quite instructive first to understand the principles laid down by these authorities. In Santosh Kumar vs. Bhai Moot Singh, AIR 1958 SC 321, their Lordship ruled.

"all that we need say about them is that if the Court is of opinion that the defence is not bona fide, then it can impose conditions and is not tied down to refusing leave to defend. . . . . . But it cannot reach the conclusion that the defence is not bona fide arbitrarily. It is as much bound by judicial rules and judicial procedure in reaching a conclusion of this kind as in any other matter. It is undesirable, and indeed impossible, to lay down ha