plaintiff is not entitled to leave to sign judgment
and the defendant is entitled to unconditional leave to defend.
(b) If the defendant raises ... plaintiff is entitled to
leave to sign judgment and the defendant is not entitled to leave to
defend.
(e) If the defendant has no defence
provisions unless he obtains
leave from the Controller to contest the eviction petition.
In default of obtaining leave to defend or leave is refused ... grant
leave. At the stage of granting leave the real test should
be whether facts disclosed in the affidavit filed seeking
leave to defend prima
Court may deem sufficient to support the
application.
(2) Leave to defend may be given
unconditionally or subject to such terms as
to payment into ... sufficient to entitle him to defend, apply
on such summons for leave to defend such
suit, and leave to defend may be granted
whereby the learned ARC has granted to the respondent
tenant, the leave to defend the eviction petition preferred by the
petitioner/landlord under Section ... respondent, who is himself an advocate, filed his application to seek
leave to defend the eviction petition. The respondent contended that
the petitioner
liberally approach the prayer for
leave to contest the petition. While examining the question whether
leave to defend ought or ought not to be granted ... merits for disqualification of the leave
to contest. The said process of deciding the leave to defend clearly suffers
from jurisdictional error or illegal exercise
that the appellant
has not made out a case for unconditional leave to defend in
terms of Order XXXVII Rule 2 of the Code ... plaintiff is entitled to leave to sign judgment and the
defendant is not entitled to leave to defend.
While giving leave to defend the suit
learned ARC
allowed the application of the Respondents for leave to defend. The
summary of the findings of the learned ARC is as under ... held that there existed triable issues and
accordingly granted the Respondents leave to defend.
22. This Court has heard the submissions of Mr. Sanjeev Sindhwani
plaintiff is not entitled to leave to sign the
judgment and the defendant is entitled to unconditional leave to defend.
If the defendant raised ... plaintiff is entitled to leave
to sign judgment and the defendant is not entitled to leave to defend.
If the defendant has no defence
passed by the learned SCJ-
CUM-RC (South), Delhi dismissing the leave to defend application of the
petitioners herein who were respondent ... grant leave. Maybe in the end the defence may fail. It is
necessary to bear in mind that when leave to defend is refused
entitled to leave to contest on
one or more of the grounds disclosed in his application for
leave to defend, such leave would be deemed ... leave or leave limited to
any particular issue.
7. It is clear from the above judgments that the Controller
cannot grant restricted leave to defend
