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DELHI HIGH COURT
GAURANG KANTH
Amandeep Singh – Appellant
Versus
Pradeep Kumar – Respondent
| Table of Content |
|---|
| 1. application for condonation of delay granted. (Para 1 , 2 , 3) |
| 2. appellant challenges trial court's decree. (Para 4 , 5) |
| 3. factual background regarding loan and cheques. (Para 6 , 7 , 8 , 9) |
| 4. leave to defend granted based on triable issues. (Para 10 , 11) |
| 5. defendant's defence evaluated as plausible but improbable. (Para 12 , 14) |
| 6. legal principles from supreme court applied. (Para 13) |
| 7. appeal dismissed, maintaining trial court's decision. (Para 15) |
JUDGMENT
Gaurang Kanth, J. (Oral)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
C.M. No. 50323/2022 (delay in re-filing)
1. This is an application filed by the appellant seeking condonation of delay of 35 days in re-filing the appeal.
2. For the reasons stated in the application, the application is allowed. The delay of 35 days in re-filing the appeal is condoned.
3. The application stands disposed of.
RFA 595/2022 and C.M. No. 50322/2022 (stay)
4. The appellant (original defendant) in the present appeal is challenging the impugned judgment and decree dated 11.07.2022 passed by the learned ADJ-08/West, Tis Hazari Courts, Delhi in Civ DJ 269/18 titled Pradeep Kumar Versus A
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.
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 ....
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 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....
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....
A defendant is entitled to unconditional leave to defend if they satisfy the court that they have a substantial defence likely to succeed, or if they raise triable issues indicating a fair or reasona....
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 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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