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SARAL SRIVASTAVA
Sharda Singh – Appellant
Versus
Vijay Kumar Rastogi – Respondent
JUDGMENT :
SARAL SRIVASTAVA, J.
1. Heard learned counsel for the revisionist.
2. The revisionist, who is plaintiff in Original Suit No. 37 of 2020 under Order 37 C.P.C. has assailed the order dated 03.03.2023 passed by Civil Judge (Senior Division), Varanasi granting unconditional leave to the respondent to contest the suit instituted by the revisionist.
3. The suit has been instituted on the ground that the revisionist has lent an amount of Rs. 69,75,000/- through various cheques and other modes to the respondent, but the respondent has returned only Rs. 1,20,000/-.
4. In the suit, notices were issued. On appearance of respondent in the suit, the revisionist as per procedure contemplated under Order 37 Rule 4 of C.P.C. served the respondent a summon for judgment in form No. 4-A in appendix B supported by the affidavit stating the details in the paragraph 4 of the affidavit regarding various payments totalling Rs. 1,20,000/- paid by the respondent through various cheques. The respondent further in Para 5 of the affidavit filed in support of summons of judgment have disclosed the details of cheque given by the respondent which was dishonoured by the bank due to insufficiency of fund. In
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.
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 in a summary suit is entitled to leave to defend if they raise plausible triable issues, even if the defense is not strong.
The main legal point established in the judgment is that the grant of unconditional or conditional leave to defend is dependent upon the facts and circumstances of each case, and recent Supreme Court....
The denial of leave to defend is not standard; defendants are entitled to unconditional leave if they present valid defenses or triable issues.
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 ....
The main legal point established in the judgment is the court's discretion to grant conditional leave to defend based on the defendant's disclosure of a fair and reasonable defense, ensuring a delica....
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