O XXXVII R 3 – Conditional Grant Of Leave To Defend In Summary Suit (Principles)
In IDBI Trusteeship Services Ltd. v. Hubtown Ltd., (2017) 1 SCC 568, the Supreme Court laid down the following principles: (1) If the defendant satisfies the court that he has a substantial defence, that is, a defence that is likely to succeed, the plaintiff is not entitled to leave to sign judgment, and the defendant …
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