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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA
Creative Print and Pack – Appellant
Versus
Badruka Exim P Ltd. – Respondent
| Table of Content |
|---|
| 1. summary suit for recovery and plea for leave to defend. (Para 1 , 2 , 8) |
| 2. court's observations on trial court's dismissal and evidence. (Para 3 , 7 , 15 , 20) |
| 3. arguments pertaining to unsigned invoices and interest claims. (Para 4 , 5 , 10 , 12) |
| 4. key principles on granting leave to defend in summary suits. (Para 19 , 24 , 25) |
| 5. conclusion of dismissal of the civil revision petition. (Para 27 , 28) |
ORDER :
MOUSHUMI BHATTACHARYA, J.
1. The Civil Revision Petition arises out of an order dated 27.06.2025 passed by the learned Additional Senior Civil Judge, Medchal-Malkajgiri District at Medchal, dismissing I.A.No.127 of 2025 in O.S.No.127 of 2024 filed by the petitioners/defendants for grant of leave to defend the Suit of the respondent/plaintiff.
2. The Suit filed by the respondent/plaintiff was a Summary Suit for recovery of Rs.38,13,684/- along with pendente lite and future interest @ 18% per annum, filed under Order XXXVII read with Order VII Rule 1 and section 26 of The Code of Civil Procedure, 1908 (‘CPC’). The petitioners/defendants in the said Suit filed the present I.A. (I.A.No.127 of 2025) under Order XXXVII Rule 3(5) read with section 151 of the CPC seeking
The court ruled that leave to defend a summary suit should be granted where defendants raise substantial defenses; however, failure to demonstrate a triable issue leads to dismissal.
(1) Summary suit (Money suit) – Generally, prayer for leave to defend is to be denied in such cases where defendant has practically no defence and is unable to give out even a semblance of triable is....
Certified copies are admissible in summary suits, and defenses that do not raise triable issues can be dismissed without leave to defend.
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 central legal point established in the judgment is the application of the principles for granting leave to defend under a summary suit and the entitlement of the defendant to defend the suit base....
Point of Law : Order of the learned Trial Judge rejecting the application for leave to defend on merits, ought to be substituted by an order rejecting that application as premature.
A defendant in a summary suit is entitled to conditional leave to defend if they raise triable issues regarding the legitimacy of debt confirmation documents, despite admitting to signatures.
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