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Santosh Kumar vs Bhai Mool Singh on 5 February, 1958

In its earlier judgment in Santosh Kumar vs. Bhai Mool Singh, , the Court had perspicuously observed that "the learned judge has failed to see that the stage of proof can only come after the defendant has been allowed to enter an appearance and defend the suit, and that the nature of the defense has to be determined at the time when the affidavit is put in. At that stage all that the Court has to determine is whether "if the facts alleged by the defendant are duly proved" they will afford a good, or even a plausible, answer to the plaintiff's claim. Once the Court is satisfied about that, leave cannot be withheld and no question about imposing conditions can arise; and once leave is granted, the normal procedure of a suit, so far as evidence and proof go, obtains."
Supreme Court of India Cites 8 - Cited by 409 - A K Sarkar - Full Document
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