court should have granted him unconditional
leave to defend as substantial triable issues are involved and
the lower appellate court also overlooked all these aspects ... facie case about leave to defend to
defendant, failed to establish triable issues therefore. In
light of original document Mark
Court and number of submissions were
made which will raise the triable issues and therefore, the learned Judge
ought to have granted unconditional leave ... himself in the impugned order has specifically observed that there are
triable issues. It is submitted that despite the above finding that there
are triable
unconditional
leave to defence the suit.
17.2. If the defendant raises triable issues
indicating that he has a fair or reasonable defence,
although ... unconditional leave to defend.
17.3. Even if the defendant raises triable issues, if
a doubt is left with the trial judge about the defendant
present petitioner as
the petitioner has raised various prima facie triable
issues by establishing legal and valid grounds for seeking
unconditional leave to defend ... written
contract on the alleged principal amount, it becomes
triable issue which fact is not properly considered by the
learned trial Court. He has further
transaction and the parties thereto.
14. Mr. Cama submitted that a triable issue as to the nature of the
transaction and the liability of Defendant ... Where the Defendant succeeds in demonstrating that the defence raises
a triable issue, then also the Defendant is entitled to an unconditional leave
transaction and the parties thereto.
14. Mr. Cama submitted that a triable issue as to the nature of the
transaction and the liability of Defendant ... Where the Defendant succeeds in demonstrating that the defence raises
a triable issue, then also the Defendant is entitled to an unconditional leave
Court and number of submissions were
made which will raise the triable issues and therefore, the learned Judge
ought to have granted unconditional leave ... himself in the impugned order has specifically observed that there are
triable issues. It is submitted that despite the above finding that there
are triable
plaintiff, the defendant can be said to have
raised triable issues manifesting a fair or reasonable defence, if
not a substantial defence, warranting the grant ... circumstances itself was sufficient to hold
that the defendant had raised triable issues. In the
circumstances, according to the learned Counsel
moonshine. Counsel further
submits that defendant has failed to raise any triable issue, which would
entitle the defendant to unconditional leave. Counsel next submits that ... unconditional leave to defend.
(b) If the defendant raises a triable issue indicating that he
has a fair or bona fide or reasonable defence although
unconditional
leave to defend.
(b) If the defendant raises a triable issue
indicating that he has a fair or bona fide or
reasonable defence although ... wherein it was held that whenever a defence raises a
really triable issue, leave must be given. Subsequently, these principles
have also been followed
