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MEENAKSHI I. MEHTA
Gagandeep Traders Merchants & Commission Agents - Revisionist-petitioner – Appellant
Versus
Himanshu Garg – Respondent
MEENAKSHI I. MEHTA, J.
Feeling aggrieved by the order dated 08.08.2022 (Annexure P-3) passed by learned Additional Civil Judge (Senior Division), Nabha (for short ‘the trial Court’) in Civil Suit bearing No.37/04/2021, whereby the petitioner-defendant (here-in-after to be referred as ‘the defendant’) has been granted the leave to defend in the said Civil Suit subject to the condition of his filing the surety bonds to the tune of Rs.01 (one) lac, he (defendant) has preferred the instant revision petition with a prayer for the modification of the above-said order to the extent that he be allowed to defend in the Suit unconditionally, i.e without furnishing the surety bonds.
2. I have heard learned counsel for the petitioner-defendant in the present revision petition, at the preliminary stage and have also perused the file carefully.
3. Learned counsel for the petitioner-defendant contends that the defendant has put-forth a substantial defence against the claim raised by the respondent-plaintiff (here-in-after to be referred as ‘the plaintiff’) in the said Suit and therefore, he should have been granted unconditional leave to defend therein and vide the impugned order, though the trial C
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.
Leave to defend in summary suits should be granted unless the defense is clearly frivolous or lacks substance, ensuring fair opportunity for defendants.
Advocates appeared :For the Appellant : A. S. Chouhan For the Respondent : Rizwan Khan
The denial of leave to defend is not standard; defendants are entitled to unconditional leave if they present valid defenses or triable issues.
Leave to defend under Order XXXVII CPC granted conditionally when triable issues raised, despite summary dismissal by trial court.
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 ....
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.
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