Delhi Rent Control Act, 1958, Section 25B(5), 14(1)(e) -- Leave to defend - Defence by tenant that sale deed under which landlord allegedly got the property itself was illegal and property stood vested in Custodian of Enemy Property for India - Held, Rent Controller was not justified in refusing leave to defend under S.25B of the Act - Lower Courts order set aside and..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -Proviso - Leave to defend - Summary suit on basis of bills, acknowledgment and pronote - Defendant disputing only part of claim - Unconditional leave cannot be granted - Defendant must pay undisputed amount of claim as a condition of leave to defend against the disputed claim...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Leave to defend - Defence raised a triable issue - When defence raised cannot be said to be false, frivolous or sham or not plausible, leave to defend to be granted...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Leave to defend - Principles governing - AIR 1977 SC 577 followed wherein held: (a) If the defendant satisfies the court that he has a good defence unconditional leave to defend to be granted; (b) If the defendant raises a triable issue indicates that he has a fair or bona fide or reasonable defence the defendant is..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Unconditional leave granted by High Court without assigning reasons - Matter remitted to High Court for deciding application afresh - Attachment of entire property ordered till disposal of application afresh by High Court...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Leave to defend - Granted to defendant No.3 - Plea of defendant Nos.1 and 2 that when leave was granted to defendant No.3 leave should have been granted to defendants 1 and 2 to avoid inconsistent decrees - Not tenable - No bar under CPC to pass decree against some defendants...........
Civil Procedure Code, 1908, Order 37, Rule 2, 3 -- Summary suit - Plaintiff-tenant filed suit against landlord for recovery of Rs.50 lacs given to the defendant as security and Rs.10, 55, 000 by way of interest - Claim for interest not based on any agreement or any enactment - Relief not in terms of O.37.R.2 - Summary suit not tenable - Unconditional leave to defend..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Unconditional leave to defend - Summary suit by Bank - Bank had been purchasing Hundis and making payments though alleged Bills not being honoured - Leave granted without any condition upheld in view of law laid down by Supreme Court in M/s. Sunil Enterprises JT 1998(3) SC 641...........
Delhi Rent Control Act, 1958, Section 14C -- Bonafide requirement - Right of classified landlord to recover immediate possession - Tenant as well as person claiming to be tenant both made parties - Leave to defend granted by Rent Controller in view of dispute regarding real tenant - Confirmed by High Court - Held, as the defence is unconnected with right of landlord the..........
Civil Procedure Code, 1908, Order 37 -- Summary suit on Bills of Exchange by Bank - Acceptor sought leave to defend alleging execution without consideration and fraud etc. between officers of Bank and drawer of Bills - Trial Judge refused the leave - High Court taking the view that appellant has absolutely no prima facie case - In identical matters leave granted - In such..........
