Jammu & Kashmir High Court - Srinagar Bench
Ghulam Mohammad Akhoon vs Masood-Ul-Hassan Khan on 8 September, 2009
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR Civ. Rev. No. 150 of 2009 Ghulam Mohammad Akhoon Petitioners Masood-ul-Hassan Khan Respondents !Mr. Manzoor Ahmad Dar, Advocate ^Mr. F. A. Bhat, Advocate Honble Mr. Justice Gh. Hasnain Massodi, Judge Date 04/03/2010 :J U D G M E N T:
In a suit under order 37 Civil Procedure Code, the learned trial Judge vide order dated 8.9.2009 granted leave to the defend The petitioner-defendant aggrieved of the order dated 8.9.2009 to the extent of condition subject to which the leave was gra Heard.
Order 37 CPC prescribes summary procedure for certain classes of suits enumerated in Rule-2. The defendant in class of sui From the closer look at order 37 Civil Procedure Code it emerges that discretion to grant leave unconditionally or subject Smt. Kiranmoyee Dassi v. Dr. J. Chatterjee (1945) 49 Cal WN 246 (at P.253):
(a) if the defendant satisfies the Court that he has a good defence to claim on its merits the plaintiff is not entitled to
(b) If the defendant raises a triable issue indicating that he has a fair or bonafide or reasonable defense although not a p
(c) If the defendant discloses such facts as may be deemed sufficient to entitle him to defend, that is to say, although the
(d) If the defendant has to defence or the defence set up is illusory or sham or practically moonshine then ordinarily the p
(e) If the defendant has no defence or the defence is illusory or sham or practically moonshine then although ordinarily the In view of settled law on the subject as is evident from the above referred case law, learned trial Judge after recording s For the reasons discussed above, Civil Revision is accepted and the order impugned in the revision petition i.e. order dated Disposed off alongwith connected CMP, if any.
(Gh. Hasnain Massodi) Judge Srinagar 04.03.2010 G.Nabi