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ANIL VERMA
MANISH S/o BABULAL CHAUDHARY – Appellant
Versus
DHARMENDRA S/o MOHANLAL KACHAWA – Respondent
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 condition that submitting bank guarantee of sum of Rs. 3,49,385/-. Hence, the petitioner has filed the present petition before this Court.
3. Learned counsel for the petitioner contended that trial Court has imposed condition to furnish bank guarantee, this condition has made impossible to file defence against the plaintiffs case and petitioners are facing grave injust
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....
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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