Research › Browse › Judgment

Madhya Pradesh High Court · body

1977 DIGILAW 50 (MP)

Gayatri Brick Factory v. State Bank of Indore

1977-02-10

G.G.SOHANI

body1977
Short Note : 1. The plaintiff-non-applicant instituted a summary suit under Order 37, Civil Procedure Code for recovery of a sum of Rs. 15,524.58. The defendants prayed for leave to appear and defend the suit. By its impugned order, the trial Court allowed that application on condition that the defendants should pay a sum of R. 10,000 in cash within thirty days from the date of the order. 2. Held: Learned counsel for the applicants, contended that the trial Court has not given any finding as to whether any triable issue is disclosed. It is well settled that whether a valid defence or triable issue is disclosed the leave is to be granted unconditionally. The learned District Judge has omitted to give any finding On the question as to whether a valid defence or triable issues are disclosed by the applicant-defendants. The trial Court is directed to decide afresh the application for grant of leave to the defendants Santosh Kumar v Moolsingh, AIR 1958 SC 321 , relied on. Revision allowed.