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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.MALA
MVR Logistics Private Limited, rep.by its Managing Director Mr. V. Sampath Sekar – Appellant
Versus
A. Kanagarajan, S/o. Arumugam – Respondent
Order :
N. MALA, J.
(1) This Civil Revision Petition is filed against the order dated 05.08.2024, passed in IA No.3/2023 in OS.No.7836/2021, by the learned XIX Additional Judge, City Civil Court, Chennai, rejecting the petitioners' application seeking unconditional leave to defend the main suit under Order 37 Rule 3[5] of CPC.
(2) For convenience, the parties are referred to as arrayed in the Civil Revision Petition.
(3) The facts relevant, are as follows:-
(4) The respondent herein, filed a suit in OS.No.7836/2021, seeking a money decree against the petitioners herein, for a sum of Rs.59,70,000/- together with interest and cost, on the basis of a Promissory Note dated 26.04.2016. According to the respondent, a sum of Rs.30 lakhs was advanced as loan to the petitioners through RTGS on various dates, viz., 26.04.2016, 27.04.2016, 21.06.2016, 22.06.2016 and 23.06.2016. According to the respondent, evidencing such borrowal, the petitioners executed a Promissory Note on 26.04.2016. The respondent contended that the petitioners paid a sum of Rs.7.50 lakhs towards interest through NEFT and cash on various dates, the last of such payment was received on 07.11.2018. The respondent further conte
If the defendant raises a substantial defence or triable issues, they are entitled to unconditional leave to defend, and a full-fledged trial may be necessary to adjudicate disputed facts.
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 main legal point established in the judgment is the entitlement of the defendant for unconditional 'leave to defend' under Order 37 Rule 3 (5) CPC based on the existence of a substantial defense ....
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.
Leave to defend in summary suits should be granted unless the defense is clearly frivolous or lacks substance, ensuring fair opportunity for defendants.
A party must show sufficient cause for delay in filing petitions, and lack of clean hands precludes relief.
The main legal point established in the judgment is the requirement of written documents for maintaining a suit under Order XXXVII of the CPC and the principles governing the grant of leave to defend....
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.
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