https://www.taxtmi.com/caselaws?id=197602 A summary suit under Order 37 CPC must rest on a legally enforceable document, and an unstamped writing that attracts stamp duty cannot be acted upon under section 34 of the Bombay Stamp Act, 1958; the suit was therefore not maintainable on the defective document. Where the defence raised triable issues on the nature of the transaction, the circumstances of execution, and the enforceability of liability, leave to defend could not be made conditional on deposit of the full claim amount; unconditional leave to defend was warranted. en-us Wed, 16 Nov 1988 00:00:00 +0530 Wed, 10 Jan 2018 16:52:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197602 A summary suit under Order 37 CPC must rest on a legally enforceable document, and an unstamped writing that attracts stamp duty cannot be acted upon under section 34 of the Bombay Stamp Act, 1958; the suit was therefore not maintainable on the defective document. Where the defence raised triable issues on the nature of the transaction, the circumstances of execution, and the enforceability of liability, leave to defend could not be made conditional on deposit of the full claim amount; unconditional leave to defend was warranted. Case-Laws Indian Laws Wed, 16 Nov 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197602