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PRATHIBA M. SINGH
Alok Gupta – Appellant
Versus
Krishan Kumar Sarin – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)--The present revision petition has been filed challenging the impugned order dated 24th August, 2020, passed in CS DJ ADJ No.517848/2016 titled Alok Gupta v. Krishan Kumar Sarin & Anr., vide which unconditional leave to defend was granted to Respondent No.2/Defendant No.2 (hereinafter "Defendant No.2").
2. The suit underlying the present revision petition had been filed by the Plaintiff/Petitioner (hereinafter "Plaintiff") against the Defendants, who are husband and wife, namely, Mr. Krishan Kumar Sarin and Mrs. Priya Sarin, under Order XXXVII CPC, seeking recovery of a sum of Rs.25 lakhs, with pendente lite and future interest at 18% p.a. The suit has already been decreed against the husband/Defendant No.1 vide the Trial Court's order dated 20th August, 2020. The relevant extract of the said order reads as under:
"3) This Court is of the considered view that the plaintiff is entitled for a judgment against the defendant No.1 on account of default in appearance in terms of Order XXXVII, Rule 2(3), CPC, which reads as under:
"Rule 2. Institution of summary suits-(1) ..... .
(2) ..... .
(3) The defendant shall not defend the suit referred to in sub-r
The main legal point established in the judgment is that the grant of unconditional or conditional leave to defend is dependent upon the facts and circumstances of each case, and recent Supreme Court....
Defendants failed to present a viable defense; allegations of collusion were unsubstantiated and deemed illusory, warranting denial of leave to defend under Order XXXVII of the CPC.
The main legal point established in the judgment is the court's discretion to grant conditional leave to defend based on the defendant's disclosure of a fair and reasonable defense, ensuring a delica....
A defendant in a summary suit is entitled to leave to defend if they raise plausible triable issues, even if the defense is not strong.
In summary suits under Order XXXVII, defendants are entitled to unconditional leave to defend if they demonstrate triable issues, necessitating a full trial to resolve outstanding complexities.
If the defendant raises a substantial defence or triable issues, they are entitled to unconditional leave to defend, and a full-fledged trial may be necessary to adjudicate disputed facts.
The Defendant's defense must be substantial and likely to succeed to be entitled to leave to defend. A defense found to be moonshine, vexatious, and frivolous does not entitle the Defendant to leave ....
In summary suits, the trial judge has discretion to grant conditional leave to defend based on triable issues, essential for expediting commercial disputes, unless genuine financial inability is subs....
A defendant raising a triable issue is entitled to unconditional leave to defend in a summary suit, and courts should avoid imposing harsh conditions that may hinder the defendant's ability to contes....
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