MAHENDAR KUMAR GOYAL
Honeywala Industries – Appellant
Versus
Arun Kumar Jhoshi – Respondent
Certainly. Based on the provided legal document, the key points can be summarized as follows:
The main issue before the court was whether the defendant was entitled to unconditional leave to defend under Order 37 Rule 3 (5) CPC, which is granted when the defendant has a substantial or plausible defense likely to succeed (!) (!) .
The court emphasized that the grant of leave to defend is generally the rule, and its denial is the exception, especially when the defendant demonstrates a substantial or reasonable defense (!) (!) .
The defendant's primary contention was that the suit was not maintainable under Order 37 CPC because it was not based on a specific written contract, promissory note, or acknowledgment establishing a liquidated amount due (!) (!) .
The defendant argued that, given the nature of the claim and the absence of a clear, liquidated document, a detailed inquiry into the facts and evidence was necessary to determine liability, which cannot be done at the stage of granting leave to defend (!) (!) .
The court found that the defendant had a plausible defense, particularly the claim that the entire loan amount had already been repaid, and that the suit's basis was insufficiently supported by specific documents establishing the debt (!) (!) .
The court relied on principles that if a defendant raises a substantial or fair defense, they are generally entitled to unconditional leave, whereas conditions or security may be imposed only when the defense is doubtful, improbable, or raises issues of good faith (!) (!) .
The appellate court observed that the trial court erred in dismissing the defendant's application for leave to defend, given the plausible nature of the defense and the procedural requirements (!) (!) .
Consequently, the court set aside the order dismissing the defendant's application and granted unconditional leave to defend, allowing the defendant to contest the suit on its merits (!) .
Would you like a more detailed elaboration on any specific aspect?
JUDGMENT
1. This writ petition under Article 227 of the Constitution of India assails the legality and validity of the order dated 13.09.2022 passed by the learned Additional District Judge No.3, Alwar in Civil Suit No.34/35/19 whereby, an application filed by the petitioner/defendant (for brevity, "the defendant") under Order 37 Rule 3 (5) CPC seeking "leave to defend", has been dismissed.
2. The relevant facts in brief are that the respondent/plaintiff (for brevity, "the plaintiff") filed a suit for recovery of a sum of Rs.13,06,042/- alongwith interest against the defendant stating therein that he advanced a loan of rupees ten lac to the defendant on 18.03.2015 through Cheque No.062902 with interest @ Rs.1.35% per month. It is averred that interest rate was varied from time to time and some amount towards principal and/or interest was also paid by the defendant; but, an amount of Rs.13,06,042/- is still due. The defendant filed an application seeking "leave to defend" which has been dismissed by the learned trial Court vide its order dated 13.09.2022, impugned herein.
3. Learned counsel for the defendant, inviting attention of this Court towards the averments of the plaint, would s
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.