weigh with the Court for granting conditional or unconditional leave or refusing leave to defend the suit are wholly unconnected with the Plaintiff ... exercise of the discretion to grant conditional leave or refuse leave to defend the suit, the discretion is to be moulded only by the nature
Proteins Pvt. Ltd.
(hereinafter, 'Defendant') filed two applications for leave to defend under
Order XXXVII Rule 3 and under Order VII Rule ... Plaintiff is not entitled to
leave to sign judgment, and the Defendant is
entitled to unconditional leave to defend the suit;
b) if the Defendant
owing to the
petitioners having not filed the application for leave to defend
within 15 days from 23rd February, 2012 i.e. by 9th March ... impugned order shows that the
application of the petitioners for leave to defend has not been
considered on merits, relying on Prithipal Singh Vs. Satpal
leave to defend. In this case, the question of trial of the suit had not arisen because the defendants had not obtained leave to defend ... leave of the Court for filing his appearance although it continued to be necessary for him to obtain leave of the Court to defend
defendants has during hearing only urged
that the claim in suit are not within limitation and that the
defendants are entitled to leave to defend ... defendants and
perhaps for this reason only was not raised by the counsel for the
defendants during arguments.
23. The leave to defend application also
owing to the petitioners having not filed the application for
leave to defend within 15 days from 23rd February, 2012 i.e. by 9th
March ... impugned order shows that the application of
the petitioners for leave to defend has not been considered on merits,
relying on Prithipal Singh Vs. Satpal
defendants has during hearing only urged
that the claim in suit are not within limitation and that the
defendants are entitled to leave to defend ... defendants and
perhaps for this reason only was not raised by the counsel for the
defendants during arguments.
23. The leave to defend application also
appear on his behalf in order that he might obtain leave to defend the suit. The petition for leave to defend was not immediately filed ... application I. A. No. 1102 of 1954 for the grant of leave to defend the suit. In the common affidavit in support of these petitions
dated 8th April, 2013 of the learned Rent Controller whereby the leave
to defend application filed by the petitioner was dismissed for the reason
mainly ... inspect court file and
thereafter to file the application for leave to defend, and for this purpose, the
matter was put up for 21st January
March, 2013 passed by
the learned Addl. Rent Controller whereby the leave to defend application
filed by the petitioner was dismissed for the reason mainly ... tenanted premises").
However the petitioner did not file the leave to defend application within the
prescribed period of 15 days.
3. The petitioner
