https://www.taxtmi.com/caselaws?id=197687 Leave to defend in a summary suit must be granted where the proposed defence discloses a real triable issue or a bona fide defence on fair probability. Refusal is justified only when the defence is frivolous, plainly untenable, or meant merely to prolong litigation; serious factual conflict, uncertainty in the claim, or a defence that is more than shadowy but not clearly improbable warrants contest. On that basis, leave to defend was required to be granted and the refusal by the courts below was not sustained. en-us Mon, 06 Aug 1990 00:00:00 +0530 Fri, 12 Jan 2018 11:29:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197687 Leave to defend in a summary suit must be granted where the proposed defence discloses a real triable issue or a bona fide defence on fair probability. Refusal is justified only when the defence is frivolous, plainly untenable, or meant merely to prolong litigation; serious factual conflict, uncertainty in the claim, or a defence that is more than shadowy but not clearly improbable warrants contest. On that basis, leave to defend was required to be granted and the refusal by the courts below was not sustained. Case-Laws Indian Laws Mon, 06 Aug 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197687