Shri T.B. Jain vs Smt. Savita Ravi And Anr. on 27 February, 2008
S.S. Puri v. S.P. Malhotra in support of his submission that at the stage of considering the aspect of grant of leave, the real test should be whether the facts disclosed in the affidavit seeking leave to defend, prima facie, show that the landlord would be disentitled from obtaining an order of eviction, and not whether in the end, the defense may fail. It is well to remember that when the leave to defend is refused, serious consequences of eviction follow and the party seeking leave is denied an opportunity to test the truth of the averments made in the eviction petition by cross-examination.