SANTOSH KUMAR versus BHAI MOOL SINGH

SANTOSH KUMAR versus BHAI MOOL SINGH

When the defence raises a clear and specific triable issue, leave to defend in a summary suit under Order XXXVII CPC must be granted unconditionally. Imposing conditions for want of documentary evidence at the leave stage is unwarranted, as the stage of proof arises after leave is granted.

Parties
Appellant: Santosh Kumar; Respondent: Bhai Mool Singh
Jurisdiction
India
Judgment Date
05 February 1958
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Punjab High Court (circuit Bench) at Delhi, Arising Out of a Judgment of the Commercial Subordinate Judge, Delhi
Outcome
Appeal allowed
Legal Topics
Summary Suit, Leave to Defend, Discretion of Court, Order XXXVII CPC, Dishonour of Cheque
Civil Procedure Negotiable Instruments Summary Suit Leave to Defend Discretion of Court Order XXXVII CPC Dishonour of Cheque

Case Brief

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Parties

Santosh Kumar

Appellant

Bhai Mool Singh

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Punjab High Court (circuit Bench) at Delhi, Arising Out of a Judgment of the Commercial Subordinate Judge, Delhi

Legal Issues

  1. 1 Whether conditional leave to defend in a summary suit under Order XXXVII CPC can be imposed solely on the ground of not producing documentary evidence at the leave stage?
  2. 2 Whether the defence, when it raises a triable issue, can be treated as vague or not bona fide for lack of proof at the leave stage?

Ratio Decidendi

When the defence raises a clear and specific triable issue, leave to defend in a summary suit under Order XXXVII CPC must be granted unconditionally. Imposing conditions for want of documentary evidence at the leave stage is unwarranted, as the stage of proof arises after leave is granted.

Court Disposition

Appeal allowed

Orders

  • Orders of the High Court and trial Judge set aside
  • Case remanded to the original court for trial of issues raised by the defendants