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SANDEEP N. BHATT
Jayantbhai Hasukhlal Kothari – Appellant
Versus
Hemant Champaklal Shah – Respondent
JUDGMENT :
1. At the request of learned advocates for the parties, this petition is heard and disposed of finally at admission stage. Rule. Learned advocate Mr.N.V.Gandhi waives service of notice of rule for the respondent.
2. This petition is filed under Article 227 of the Constitution of India with the following prayers:
(B) The Hon’ble Court be pleased to call for the records and proceedings of the Special Summary Suit No.569 of 2017, pending before the Ld.City Civil Court at Ahmedabad.
(C) The Hon’ble Court be pleased to issue a writ of certiorari or any other appropriate writ, order or direction for quashing and setting Order passed below Exh.14 and 15, in Special Summary Suit No.569 of 2017, on 26.09.2022 (Annexure `G’) by the Ld.City Civil Judge at Ahmedabad and the same is required to be allowed as prayed for.
(D) Pending admission, hearing and final disposal of this Special Civil Application, the Hon’ble Court be pleased to stay operation, implementation and execution of the order passed below Exh.14 and 15, in Special Summary Suit No.569 of 2017, on 26.09.2022 (Annexure `G’) by the Ld.City Civil Judge at Ahmedab
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.
In a summary suit, if defendant discloses such facts of a prima facie fair and reasonable defence, court may grant unconditional leave to defend.
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....
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....
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....
Unconditional leave to defend is the rule, conditional leave to defend is the exception, and denial of leave to defend is to be limited to the most extreme of cases.
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