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IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV
Vidya Projects Private Limited – Appellant
Versus
Essel Infraprojects Limited – Respondent
| Table of Content |
|---|
| 1. definition of the suit filed under order xxxvii of cpc. (Para 1 , 2) |
| 2. arguments from defendant no. 4 regarding maintainability of the suit. (Para 3 , 4 , 6 , 7 , 8) |
| 3. framework of order xxxvii and its objectives. (Para 10 , 11 , 12 , 13) |
| 4. understanding defendant's right to seek leave to defend. (Para 15 , 16 , 18) |
| 5. court's observations on granting leave to defend. (Para 20 , 21 , 22 , 23) |
| 6. recognised principles governing leave to defend applications. (Para 24 , 25 , 26 , 27 , 28) |
| 7. facts supporting the plaintiff's position regarding agreements. (Para 38 , 39 , 40 , 41 , 42 , 43) |
| 8. judicial scrutiny of privity of contract and obligations. (Para 45 , 46 , 48 , 49 , 50) |
| 9. conditions imposed on defendant no. 4 for grant of leave to defend. (Para 52 , 53) |
JUDGMENT :
PURUSHAINDRA KUMAR KAURAV, J.
I.A. 8819/2025 (by D-4 under Order XXXVII Rule 3(5) of CPC)
1. By way of the instant application, Defendant No. 4 seeks unconditional leave to defend the present suit.
2. The instant suit is under Order XXXVII of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") for recovery of Rs. 4,10,00,000/- along with past, pendente lite, and future interest.
Submissions
The court held that leave to defend in summary suits should be granted if the defendant raises a genuine triable issue, emphasizing the importance of judicial examination over procedural expediency.
In a summary suit, if defendant discloses such facts of a prima facie fair and reasonable defence, court may grant unconditional leave to defend.
(1) Summary suit (Money suit) – Generally, prayer for leave to defend is to be denied in such cases where defendant has practically no defence and is unable to give out even a semblance of triable is....
Point of Law - Court has considered the issue and confirmed the order passed by the learned trial court granting the application for leave to defend conditionally. All the rights and contentions of t....
Defendants must demonstrate substantial defenses or triable issues to be granted leave to defend; otherwise, plaintiffs may be entitled to summary judgment.
The main legal point established in the judgment is the application of the principles for granting leave to defend in a summary suit under Order XXXVII CPC, based on the defendant's ability to raise ....
The main legal point established in the judgment is that leave to defend should not be refused unless the defendant's contentions are frivolous and do not raise any triable issue. The court emphasize....
Conditional leave to defend is granted in summary suits when substantial triable issues exist, ensuring both the plaintiff's claim is safeguarded and the defendants have opportunity to substantiate t....
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 ruled that leave to defend a summary suit should be granted where defendants raise substantial defenses; however, failure to demonstrate a triable issue leads to dismissal.
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