bonafide need and requirement of the respondents.
6. In the leave to defend application filed by the petitioner, the petitioner
averred that the eviction petition ... grant leave. Maybe in the end
the defence may fail. It is necessary to bear in mind that
when leave to defend is refused
account of
failure of the petitioner/tenant to file the leave to defend application within
the prescribed statutory period of 15 days, as held ... condonation of delay of even one day in filing of the leave to defend
application.
2. The impugned order records that efforts were made
dismissed an application filed by the
petitioner/tenant to amend the leave to defend application.
2. At the outset, I would like to observe that ... that the statutory period of 15 days for filing of the leave to
defend application is inflexible and condonation of even
grant leave. Maybe in the
end the defence may fail. It is necessary to bear in
mind that when leave to defend is refused ... similar facts
where the leave was granted.
50. It is necessary to bear in mind that when leave to defend is
refused, the party seeking
grant leave. Maybe in the end the defence may fail. It is
necessary to bear in mind that when leave to defend is refused ... 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
grant
leave. Maybe in the end the defence may fail. It is
necessary to bear in mind that when leave to defend is
refused ... 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
Page 1 of 10
being caused in the disposal of the leave to defend application, which
is stated to be on account of the default ... advocate, this Court is inclined to direct consideration of the leave to
defend application on merits before the Additional Rent Controller.
2. In case
summons for
judgment)
1. Summons for judgment already stand issued and leave to defend
application filed.
2. This application is accordingly disposed ... disposed of.
IA No.8712/2011 (of the defendant for leave to defend)
CS(OS) No.977/2010 Page 1 of 12
4. The plaintiff
tenant - Mr. Salazar Luis Anthony Marquez,
filed an application for leave to defend on 18.8.2008. The tenant
passed away during the pendency of the proceedings ... argument or objection
was raised or leave sought to file another application for leave to
defend or for extension of time on the ground that
unconditionally allowed the Application 18-C of the defendant/respondent to leave to defend the Original Suit No. 1014 of 2012 under Order XXXVII, Rule ... illusory or practically moonshine, the defendant is not entitled to leave defend. (e) If the defendant has no defence or the defence is illusory