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DIVYESH A. JOSHI
HEIRS OF DECEASED PRATAPKUMAR BHAGWANJI THAKKAR – Appellant
Versus
PARESH MANILAL SONI – Respondent
JUDGMENT :
DIVYESH A. JOSHI, J.
1. Rule returnable forthwith. Learned advocate Mr. B.Y. Mankad waives service of notice of rule for and on behalf of the respondent.
2. The challenge in the instant application filed under Article 226 of the Constitution of India, is the order dated 08.01.2024 passed below Exh.14 in Special Summary Suit No. 1 of 2022 by the learned Principal Senior Civil Judge, Nakhatrana-Kachchh, rejecting the application of the writ applicant filed below Exh.14 under Order XXXVII Rule 3(b) of the Code of Civil Procedure, 1908 (in short ‘CPC”) seeking leave to defend the suit.
3. The relevant factual and background aspects of the matter are as follows:
3.2 According to the plaintiff-respondent, on 15.02.2021, as the father of the defendants-writ applicants was in some financial need, he approached the respondent-plaintiff and demanded an amount of Rs.33,0
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.
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....
In a summary suit, if defendant discloses such facts of a prima facie fair and reasonable defence, court may grant unconditional leave to defend.
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....
(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 - Order is contrary to the settled principles of law and once a party has given the cheque for setting right the accounts, then in that case, all such contentions which are not raised at....
A defendant in a summary suit is entitled to conditional leave to defend if they raise triable issues regarding the legitimacy of debt confirmation documents, despite admitting to signatures.
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