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V. LAKSHMINARAYANAN
D. Pratish, also called, Pratish Vedhapuddi – Appellant
Versus
Prerna Finance Rep. by its Propreitrix Prerna Bafna – Respondent
ORDER :
This Civil Revision Petition is at the instance of the petitioner/defendant. The respondent/plaintiff instituted O.S.No.7786 of 2022 on the file of the XXIII Additional City Civil Court, Allikulam at Chennai.
2. The suit is for recovery of a sum of Rs.64,99,160/- together with the interest at the rate of 24% per annum. The suit has been presented on the foot of three promissory notes said to have been executed by the petitioner/defendant in favour of the respondent/plaintiff. The respondent/plaintiff also pleaded that in discharge of the said amounts, the respondent/plaintiff had transferred part payments on several days commencing from 09.02.2013 and concluding with 10.01.2018. He had given the list of payments that had been made by the respondent/plaintiff as a schedule to the plaint.
3. Being an under chapter suit, on the petitioner/defendant entering appearance, he gave notice of appearance, for which, summons for judgment had also been filed by the respondent/plaintiff. Immediately, the petitioner/defendant took out an application for leave to defend. The application, seeking for leave to defend, was numbered in I.A.No.3 of 2023 and after receipt of a counter, the said ap
A defendant may be granted leave to defend if a plausible defense is presented, but must deposit a portion of the claim amount as a condition for proceeding.
The main legal point established in the judgment is that a Civil Revision Petition is not maintainable against an order declining leave to defend a suit under Order 37 of C.P.C., and only a regular a....
Leave to defend in summary suits should be granted unless the defense is clearly frivolous or lacks substance, ensuring fair opportunity for defendants.
In summary suits under Order XXXVII, defendants are entitled to unconditional leave to defend if they demonstrate triable issues, necessitating a full trial to resolve outstanding complexities.
A defendant must establish a valid triable issue to secure leave to defend in a summary suit under the Code of Civil Procedure. Failure to challenge the resulting decree limits further remedies.
Point of law: if application filed by the petitioner had been decided in the petitioner’s favour would not finally dispose of the suit since there are other defendants also against whom plaintiff has....
The conditions imposed by the court for filing a written statement in commercial disputes must be reasonable to uphold the defendant's right to a fair hearing.
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