Civil Procedure Code, 1908, Order 37, Rule 5(3) -- Summary suit for recovery - Conditional leave to defend - Commercial dealing between parties - Summary suit for recovery filed during pendency of prosecution under N.I Act, which was subsequently unconditionally withdrawn - Plaintiff had option to institute a summary suit at very inception of dispute, but it consciously..........
Punjab Rent Act, 1995, Section 24(3), Evidence Act, 1872, Section 67 -- Eviction - NRI Landlord - Bona fide necessity - Leave to defend - S.67 of Evidence Act has no application at time of deciding question as to whether leave to defend is to be granted to tenant or not - In case, the respondent would fail to prove his "NRI" character before rent controller, during further..........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Can be granted only when defendant raises genuine triable issues and not when defence raised is frivolous and vexatious...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant has taken a definite stand that promissory note on the basis of which suit has been filed by plaintiff was not executed by him and same was forged and fabricated - Defence sought to be raised clearly shows triable issues in the case and defendant has good defence -..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Criminal case registered against defendant in which he was arrested - Matter was settled, MOU was executed and defendant was granted conditional bail - However, defendant did not comply with the terms and conditions of MOU executed before the Court - Plaintiffs were within their right to..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Delay in seeking leave - Application for leave to defend not filed within period of 10 days from receipt of summons for judgment - Court below refused to grant leave to defend to defendant only on the ground that application seeking such leave not accompanied by any application..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Suit based on dishonoured cheque of Rs.15 lakhs - Three payments were made by defendant after issuance of cheque - There is mere bald denial of receipt of these payments and effect thereof is not clear - Plaintiff does not say that despite said three payments being made, amount..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - In order to consider the question whether leave to defend should be granted or not, the suit should be based on "written" contract...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Agreement to sell - Earnest paid Rs.Six lakhs - Plaintiff having reasons to doubt as to defendant being exclusive owner of the property - Plaintiff called upon defendant to share chain of documents conferring title on him to which there was no response - Suit for recovery of earnest money..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Work contract between parties - Triable issues made out by defendant for the reason that there is prima facie acknowledgment of a representative of plaintiff acknowledging over payments to plaintiff - Prima facie allegations of fraud and connivance between plaintiff and..........
