https://www.taxtmi.com/caselaws?id=195743 In a Chapter XIIIA summary procedure, the Calcutta HC held that final judgment could not be granted where the defendant's affidavit disclosed a bona fide triable issue and the defence was not sham, illusory, or practically moonshine. The Court distinguished cases where the plaintiff is clearly entitled to judgment from cases where a real defence requires trial, and held that security or payment into Court should not be imposed as a condition of leave to defend if that would make the leave illusory. The plaintiffs were therefore denied final judgment at that stage, and the defendant received unconditional leave to defend. en-us Fri, 26 Jan 1945 00:00:00 +0630 Thu, 09 Nov 2017 14:25:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=195743 In a Chapter XIIIA summary procedure, the Calcutta HC held that final judgment could not be granted where the defendant's affidavit disclosed a bona fide triable issue and the defence was not sham, illusory, or practically moonshine. The Court distinguished cases where the plaintiff is clearly entitled to judgment from cases where a real defence requires trial, and held that security or payment into Court should not be imposed as a condition of leave to defend if that would make the leave illusory. The plaintiffs were therefore denied final judgment at that stage, and the defendant received unconditional leave to defend. Case-Laws Indian Laws Fri, 26 Jan 1945 00:00:00 +0630 https://www.taxtmi.com/caselaws?id=195743