defendants appeared before the third
respondent and filed an application seeking
unconditional leave to defend the suit. The defence
put up by the petitioners ... apply
on such summons for leave to defend such
suit, and leave to defend may be granted to
him unconditionally or upon such terms
Whether the courts below erred in not granting
unconditional leave or conditional leave to defend to the
appellant, more particularly, when the appellant has
pleaded ... According to Mr.
Jani, the trial court should have granted him unconditional
leave to defend as substantial triable issues are involved and
the lower appellate
plaintiff and the application Ex. 18 filed by the defendant seeking unconditional leave to defend the suit afresh, after giving ample opportunity to both ... Soni, learned advocate of the plaintiff, submitted that the order granting unconditional leave to defend the suit is an unreasoned order. He also submitted that
petitioners have right to defend the suit and are entitled
to unconditional leave to defend the said suit.
2.00. Facts leading to the present Special ... parties to pay the interest and therefore, defendants are
entitled to unconditional leave to defend. It was further
submitted that the suit is time barred
discharge of
the liability. Therefore, it was prayed to grant the unconditional leave to
defend the suit.
[3.4] That by a reasoned order dated ... conditional leave to the
defendant to defend the suit on deposit of Rs.5 Crores i.e. granting
conditional leave and not granting unconditional leave
allowed the leave to defend at
Exh.17 and granted unconditional leave to the petitioners to defend
the suit by common order dated ... apply on such
summons for leave to defend such suit, and leave to
defend may be granted to him unconditionally or upon
such terms
2025 JUDGMENT DATED: 18/09/2025
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be pleased to grant unconditional leave to defend below Exh. 14 in
Summary Suit ... raised by the petitioners, the trial
Court is required to grant unconditional leave to defend the
suit in favour of defendants.
Page
that it was imperative upon the trial
court to grant an unconditional leave to the applicants-
defendants to defend the suit in question on account ... leave to defend, it would not be a correct approach to
proceed as if denying the leave is the rule or that the
leave
defend unconditionally, more
particularly, by submitting that in absence of any written
contract and when the interest is charged, unconditional
leave should be granted ... apply on such summons for leave
to defend such suit, and leave to defend may be granted to
him unconditionally or upon such terms
discharge of
the liability. Therefore, it was prayed to grant the unconditional leave to
defend the suit.
[3.4] That by a reasoned order dated ... conditional leave to the
defendant to defend the suit on deposit of Rs.5 Crores i.e. granting
conditional leave and not granting unconditional leave
