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JYOTI SINGH
Chander Mohan – Appellant
Versus
Tejinder Singh – Respondent
JUDGMENT
Jyoti Singh, J.
1. Present appeals have been filed assailing the impugned judgments and decrees dated 20.09.2019 as well as the orders dated 21.05.2019 whereby conditional leave to defend was granted to the Appellant. Appellant has prayed for a direction that unconditional leave to defend be granted to them to enable them to contest the suits. Since the parties have raised common contentions in both the appeals and there is a similitude of issues involved, both appeals were heard together and are being decided by this common judgment. The Appellant before this Court was the Defendant before the Trial Court and the Respondents were the Plaintiffs, respectively in the two suits and the parties are hereinafter referred to by their litigating status before this Court.
2. The suits out of which the present appeals arise were filed for recovery of certain sums of money under Order 37 CPC. Respondents filed applications on 23.05.2016 for passing decree under Order 37 Rule 2(3) CPC. On 12.09.2016, Appellant filed his memo of appearance and vakalatnama in accordance with the provisions of Order 37 CPC. Applications were filed by the Respondents under Order 37 Rule 4 CPC on 19.09.2
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.
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 ....
Certified copies are admissible in summary suits, and defenses that do not raise triable issues can be dismissed without leave to defend.
In a summary suit, if defendant discloses such facts of a prima facie fair and reasonable defence, court may grant unconditional leave to defend.
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.
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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