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ANIL VERMA
MANISH S/o BABULAL CHAUDHARY – Appellant
Versus
DHARMENDRA S/o MOHANLAL KACHAWA – Respondent
| Table of Content |
|---|
| 1. overview of the case and initial proceedings. (Para 1 , 2) |
| 2. arguments presented by the petitioners and respondents. (Para 3 , 4 , 5) |
| 3. court's evaluation of legal precedents and considerations. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. modification of conditions imposed on the petitioners. (Para 12) |
| 5. final decision and order of the court. (Para 13 , 14) |
ORDER : – The petitioners have filed the present petition under Article 227 of the Constitution of India, being aggrieved by impugned order dated 4-3-2020, passed by the 14th Civil Judge Class, I Indore whereby the petitioners have been directed to furnish the bank guarantee of Rs. 3,49,385/-.
2. Brief facts of the case are that the respondent/plaintiff has filed a summary civil proceedings under Order 39, Rule 1(1) and (2) of CIVIL PROCEDURE CODE , 1908 (for short ‘CPC’) for recovery of the amount with the averment mentioned therein against respondents/defendants No. 1 and 2. The respondents/ defendants filed an application for granting leave to defend under Order 37, Rule 3(5) of CIVIL PROCEDURE CODE , but learned trial Court has passed the impugned order dated 4-3-2020 and granted leave to defend with imposing a cond
Advocates appeared :For the Appellant : A. S. Chouhan For the Respondent : Rizwan Khan
A defendant demonstrating a reasonable defense requiring evidence is entitled to unconditional leave to defend without the need for furnishing security.
Conditional grant of leave to defend under CPC is permissible where the court finds insufficient justification for disputing claims, recognizing that unconditional leave is typically granted when tri....
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.
A defendant raising a triable issue is entitled to unconditional leave to defend in a summary suit, and courts should avoid imposing harsh conditions that may hinder the defendant's ability to contes....
The court has the discretion to set aside harsh conditions imposed by lower courts and replace them with more reasonable alternatives.
Leave to defend may be conditional if doubts exist about the genuineness of the triable issues raised by the defendant.
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.
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