Rule 3 read with Section 115 of C.P.C for unconditional leave to defend the case. According to the petitioner, the respondents are strangers ... that the exercise of discretion by the Trial Court to grant leave unconditionally may be questioned. In the judgment of the High Court
appellant preferred an
application in A.No.4056 of 2017 seeking unconditional leave to defend the suit, by
stating that no documents have been filed ... leave to
defend, it would not be a correct approach to proceed as if denying the leave is
the rule or that the leave
filed by the respondent / defendant to grant unconditional leave to him to
defend the suit. Resisting the same, a counter was filed by the petitioners ... leave
to defend, it would not be a correct approach to proceed as if denying
the leave is the Rule or that the leave
filed by the respondent / defendant to grant unconditional leave to him to
defend the suit. Resisting the same, a counter was filed by the petitioners ... leave
to defend, it would not be a correct approach to proceed as if denying
the leave is the Rule or that the leave
leave to sign the judgment and the defendant is entitled to
unconditional leave to defend.
If the defendant raised a triable issue indicating that ... entitled to sign
judgment and the defendant is entitled to unconditional leave
to defend.
If the defendant discloses such facts as may be deemed
sufficient
application, viz., A.No.7446 of 2010, for the grant of unconditional leave to defend the suit. The learned Master, by order, dated 09.04.2011, allowed ... neither frivolous nor vexatious and granted unconditional leave. As per Order XXXVII Rule 5 CPC , leave to defend the suit shall not be refused, unless
under Order XXXVII Rule 3 of C.P.C . to grant unconditional leave to the defendant to defend the above suit.
6.The defendant ... apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms
apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms ... discretion to grant leave and the discretion to be exercised on sound judicial principles. The leave to defend may be granted unconditionally or upon such
apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms ... discretion to grant leave and the discretion to be exercised on sound judicial principles. The leave to defend may be granted unconditionally or upon such
apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms ... discretion to grant leave and the discretion to be exercised on sound judicial principles. The leave to defend may be granted unconditionally or upon such