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SUBODH ABHYANKAR
J. K. Brothers – Appellant
Versus
Ranchood Kashap S/O Shri Balmukudh Kashap – Respondent
ORDER :
1. This order shall also govern the disposal of M.P.No.5665 of 2023, M.P 5629 of 2023 and M.P.5737 of 2023, as in all these cases, identical issues are involved. For the sake of convenience, the facts as narrated in M.P.No.5629 of 2023, have been taken into consideration.
2. These miscellaneous petitions have been filed under Article 227 of the Constitution of India against the order dated 04.09.2023 passed in Summary Suit no.193B/2022 by Third, Civil Judge, Class-I, Indore; whereby, the application filed by petitioners/defendants under Order 37 Rule 3(5) read with section 151 of Civil Procedure Code, 1908 (herein after referred to as “CPC’) has been partly allowed and while allowing the leave to defend to petitioners/defendants, it has also ordered to deposit the entire claim of the respondent/plaintiff by way of furnishing solvent surety.
3. Counsel for the petitioners has drawn attention of this Court to the finding recorded by the learned judge of the civil Court wherein it is held that the defendants have raised certain grounds which can only be decided after the evidence is led by the parties and thus, it is submitted that the petitioners have already made a ground for t
A defendant demonstrating a reasonable defense requiring evidence is entitled to unconditional leave to defend without the need for furnishing security.
Advocates appeared :For the Appellant : A. S. Chouhan For the Respondent : Rizwan Khan
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.
The main legal point established is that the court has the discretion to impose conditions, such as filing indemnity/surety bonds, when granting leave to defend under Order XXXVII CPC to safeguard th....
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....
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....
Point of Law - Court has considered the issue and confirmed the order passed by the learned trial court granting the application for leave to defend conditionally. All the rights and contentions of t....
Unconditional leave to defend is the rule, conditional leave to defend is the exception, and denial of leave to defend is to be limited to the most extreme of cases.
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