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Showing posts with label leave to defend. Show all posts
Showing posts with label leave to defend. Show all posts
Monday, 27 April 2026

What is Summary suit, grounds of defence and refusal of leave?

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 In a summary suit under Order  CPC , the defendant has no right to defend as of course; he must first obtain leave to defend , and leave is...
Sunday, 28 July 2024

Supreme Court: If the transaction is contained in more than one document between the same parties they must be read and interpreted together and they have the same legal effect for all purposes as if they are one document

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  The defence so raised itself being the question of law, as the interpretation of documents itself goes to the root of the transactions/con...

Bombay HC: summary suit as originally filed, prior to the commencement of the and as now transferred, being commercial dispute matter, the original procedure as provided under Order XXXVII shall be applicable to such summary suits

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“Summary Suit” and “Summary Judgment”- 34.  The conceptual position of “summary suit” as contemplated under Order XXXVII of CPC and its spec...

What precautions the court should take while granting leave to defend in a summary suit based dishonoured cheque?

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  A Summary Suit based on dishonoured cheques stands on a higher pedestal. In addition to the proof of underlying consideration, evidenced b...

Under which circumstances defendant is not entitled to get leave to defend the Summary suit qua the interest component?

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    Even the endeavor of Mr. Momaya to seek leave to defend by canvassing a submission that plaintiff has charged interest at an exorbitant ...

Bombay HC: Loan against bill of exchange for business purpose is a Commercial dispute

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The second challenge based on the dispute not falling within the ambit of ‘commercial dispute’ under Section  2(c)  of the  Act, 2015 , also...
Saturday, 28 October 2023

Whether the court can infer that there was contract on the basis of exchange of Emails?

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 I agree with the Plaintiff's Counsel submission relying on the case of Jyotsna Valia (supra) that a written contract need not always be...

Whether the court should grant unconditional leave to defend in Summary suit on the ground that defendant has raised a counter claim?

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 I am in respectful agreement with the judgement of this Court in the case of First Rand Services Pvt. Ltd vs. Pantheon Infrastructure Ltd.2...
Tuesday, 11 October 2022

Is Affidavit Mandatory For Application Seeking Leave To Defend Under Sec 43(4) of Maharashtra Rent control Act?

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 In view of the above, Section 4 of the Limitation Act could rescue the petitioner, as 24/11/2019 was a Sunday and even 23/11/2019 was a non...
Sunday, 13 February 2022

Should competent authority under rent law accept an application for leave to defend if it is not on the affidavit?

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 Though the learned advocate for the petitioner, at first blush, would appear to be right in placing reliance upon Section 4 of the Limitati...
Monday, 17 May 2021

Whether plaintiff can file a Summary suit based on the entry in the bank passbook about the transfer of money to the defendant?

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 The brief background is that the Plaintiff filed a summary suit under Order XXXVII CPC for recovery of a sum of Rs.21 lakhs along with inte...
Saturday, 4 August 2018

Whether court should give leave to defend in summary suit if suit is based on oral agreement?

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Admittedly, in this case, as the suit is not based on the written contract, there is no question of considering whether leave to defend to...
Thursday, 27 July 2017

Whether court should grant unconditional leave to defend in summary suit if original documents are not produced?

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  For the purpose of obtaining a summary judgment in terms of Order 37 of the Code, ordinarily the original documents must be produced. Or...
Sunday, 5 February 2017

When delay in seeking leave to defend summary suit should not be condoned?

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 No material has been placed on record in support of various steps alleged to have been taken after 1.4.1998 or at least from 11.4.1998 onw...

Whether court should grant leave to defend in summary suit if triable issues are raised?

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 In the case of International Computer's  Consultants v. Home Computers Services (P) Limited , (1997-3) 117 P.L.R. 10, a Division Bench...

Whether defendant is bound to seek leave to defend if judgment summons is not served upon him in summary suit?

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Thus, on a bare reading of this language it is clear that one part of the procedure envisaged is the one under Rule 2 wherein after receipt...

Whether summary suit is maintainable on basis of unstamped receipt?

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 In the suit, defendant filed said LA. 5495/89 seeking leave to defend suit on the grounds that Receipt dated 6th March 1986 is inadmissib...

Whether admissibility of documents has to be seen at time of filing of summary suit?

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The defendant has also taken up a contention that the said writing was not admissible as it was not properly stamped. The learned Judge ta...

Whether leave to defend summary suit should be granted if there is dispute regarding interest?

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Needless to repeat that in addition to principal amount pf Rs. 4,46,000/-, the plaintiff has also claimed Rs. 3,27,600/- by way of interes...

Whether leave to defend summary suit can be refused if affidavit is not as per requirement of law?

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Besides, the affidavit filed in support of the application has been verified by maintaining that "the contents of the above affidavit...