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Mrs. Raj Duggal Versus Ramesh Kumar Bansal

1990 (8) TMI 407 - SUPREME COURT OF INDIA

Civil Appeal No. 4358 of 1990 - Dated:- 6-8-1990 - M.N. Venkatachaliah and N.M. Kasliwal, JJ. JUDGMENT 1. We have heard learned Counsel for both the parties. Special, Leave granted. The appeal is against the order made by the High Court of Punjab and .....

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of Civil Procedure. 2. Leave is declined where the Court is of the opinion that the grant of leave would merely enable the Defendant to prolong the litigation by raising untenable and frivolous defences. The test is to see whether the defence raises .....

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e issue the sense that there is a fair dispute to be tried as to the meaning of a document on which the claim is based or uncertainty as to the amount actually due or where the alleged facts are of such a nature as to entitle the Defendant to interro .....

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here serious conflict as to matter of fact or where any difficulty on issues as to law arises. The Court should not reject the defence of the Defendant, merely, because of its inherent implausibility or its inconsistency. 3. On a consideration of the .....

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d that where the defence can be described as more than "shadowy" but less than "probable" leave to defend should be given. (See pages 146 and 147 of the Supreme Court Practice, 1988). 4. The appeal is, accordingly, allowed and the .....

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