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JYOTI SINGH
Ankit Chauhan – Appellant
Versus
Rekha Devi – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
CM APPL. 6309/2023 & 6311/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. Applications stand disposed of.
CM APPL.6310/2023 (delay in re-filing)
3. Present application has been preferred on behalf of the Appellant seeking condonation of delay of 45 days in re-filing the appeal.
4. For the reasons stated in the application, the same is allowed.
5. Delay of 45 days in re-filing the appeal is condoned.
6. Application is disposed of.
RFA 110/2023 & CM APPL. 6308/2023 (stay)
7. By way of the present appeal, Appellant lays challenge to the impugned judgment and decree dated 02.09.2022 whereby application filed by the Appellant seeking leave to defend has been dismissed albeit by a separate order of the same date, application for condonation of delay in filing the leave to defend application has been allowed. Appellant before this Court is the Defendant before the Trial Court and Respondent is the Plaintiff and parties are referred hereinafter by their litigating status before the Trial Court.
8. Factual matrix necessary for disposal of the appeal is that the Plaintiff filed a suit under Order 37 CPC for recovery of Rs.5,45,500/- agains
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 ....
Defendants in summary suits must demonstrate a substantial defense or genuine triable issues to be granted leave to defend; mere allegations without credible substantiation are insufficient.
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....
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 court upheld that failure to comply with the deposit requirement negated the appellant's claims of fraud regarding the cheques, justifying the trial court's decree in favor of the respondent.
Where the instrument has been obtained from its lawful owner, or from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or acceptor thereof by....
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.
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 court established that a defendant must present a substantial defense to avoid summary judgment; mere assertions without evidence do not suffice.
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