https://www.taxtmi.com/caselaws?id=169806 Under Order 37 CPC, unconditional leave to defend is justified where the defendant discloses a triable issue or a fair, bona fide defence; conditions such as a deposit are reserved for defences that are illusory, sham, or practically moonshine. Revisional interference under Section 115 CPC is not warranted merely because a High Court would take a different view on the facts, especially on bona fides, unless the trial court's discretionary order is legally unsustainable. On the stated facts, the defence was not shown to be patently dishonest or incapable of success, so interference with the grant of unconditional leave was not justified. en-us Mon, 01 Nov 1976 00:00:00 +0530 Fri, 08 May 2020 15:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169806 Under Order 37 CPC, unconditional leave to defend is justified where the defendant discloses a triable issue or a fair, bona fide defence; conditions such as a deposit are reserved for defences that are illusory, sham, or practically moonshine. Revisional interference under Section 115 CPC is not warranted merely because a High Court would take a different view on the facts, especially on bona fides, unless the trial court's discretionary order is legally unsustainable. On the stated facts, the defence was not shown to be patently dishonest or incapable of success, so interference with the grant of unconditional leave was not justified. Case-Laws Indian Laws Mon, 01 Nov 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169806