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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, BIPIN GUPTA
Rajesh Footwear – Appellant
Versus
UCO Bank, Branch Main Rampura – Respondent
| Table of Content |
|---|
| 1. contextual introduction and procedural history of the recovery suit and appeal. (Para 1 , 2 , 3 , 4) |
| 2. conflicting claims regarding the validity of npa classification and entitlement to leave to defend. (Para 5 , 6) |
| 3. parameters for exercising judicial discretion in granting leave to defend under order xxxvii cpc. (Para 7 , 8) |
| 4. identification of triable issues necessitates granting leave to defend to satisfy natural justice. (Para 9) |
JUDGMENT :
BIPIN GUPTA, J.
1. With the consent of both the parties, the present appeal was finally heard at this stage itself.
2. The present civil first appeal has been filed assailing the judgment and decree dated 06.10.2025, passed by learned Commercial Court, Kota, in Civil Suit No. 21/2024 (CNR No. RJKT1D0001242024), whereby the learned Commercial Court (hereinafter referred to as the ‘Court below’) dismissed the defendant-appellant’s application dated 12.09.2025 seeking leave to defend and decreed the suit in favour of the plaintiff-respondent for a sum of Rs.5,14,000/- along with interest at the rate of 6% per annum from 01.02.2024, i.e., the date of institution of the suit.
3. The relevant facts culminating in the present appeal
In summary suits, leave to defend must be granted if the defendant raises substantial triable issues. The court must exercise its discretion judiciously, as the refusal of leave is an exception inten....
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.
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....
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....
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....
The court emphasized that granting leave to defend is the norm, and defendants must raise genuine triable issues; failure to do so may result in conditions for leave.
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