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H. S. MADAAN
Naveen Gupta – Appellant
Versus
Vikas Jindal – Respondent
H.S. MADAAN, J.
1. In a civil suit under Order XXXVII for recovery of Rs.21,65,000/- filed by the plaintiff Vikas Jindal against defendant Naveen Gupta, on getting notice, the defendant Naveen Gupta appeared and sought leave to defend which was though opposed by the plaintiff but was allowed by the trial Court of Additional Civil Judge (Sr.Divn.), Nabha vide the impugned order dated 6.2.2023. However, the leave to appeal was granted with a direction to the defendant to file indemnity/surety bonds by the next date of hearing i.e. 10.3.2023 along with the written statement.
2. Such condition attached for grant of leave to defend left the defendant aggrieved and he has approached this Court by way of filing the present revision petition praying that the condition to file indemnity/surety bonds has been wrongly imposed by the trial Court and it should be withdrawn.
3. I have heard learned counsel for the petitioner besides going through the record and have been also gone through the judgments i.e. Sudin Dilip Talaulikar Versus Polycap Wires Pvt. Ltd. and others, 2019(3) RCR(Civil)619, Defiance Knitting Industries Pvt. Ltd. Versus Jay Arts, 2006(4) RCR(Civil)493 and B.L. Kashyap and Sons L
The court has the discretion to grant leave to the defendant to defend a suit unconditionally or on terms, based on the presence of triable issues and the nature of the defense.
Advocates appeared :For the Appellant : A. S. Chouhan For the Respondent : Rizwan Khan
The main legal point established in the judgment is the need to balance the respective rights and contentions in granting leave to defend a summary suit, ensuring expeditious disposal of commercial d....
Leave to defend in summary suits should be granted unless the defense is clearly frivolous or lacks substance, ensuring fair opportunity for defendants.
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 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 ....
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....
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