https://www.taxtmi.com/caselaws?id=197689 In a summary suit, leave to defend is available only where the defendant shows a triable issue or a fair, bona fide defence. Applying that settled test, the court treated the defendant's plea of full cash repayment without receipts as unsupported and inconsistent with the written commercial record, including acknowledgments, promissory note, account confirmations and post-dated cheques. The defence was therefore characterised as sham, illusory and moonshine, and the leave to defend application was rejected. The plaintiff was consequently entitled to proceed to decree with interest and costs. en-us Tue, 01 Dec 1998 00:00:00 +0530 Fri, 12 Jan 2018 11:50:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197689 In a summary suit, leave to defend is available only where the defendant shows a triable issue or a fair, bona fide defence. Applying that settled test, the court treated the defendant's plea of full cash repayment without receipts as unsupported and inconsistent with the written commercial record, including acknowledgments, promissory note, account confirmations and post-dated cheques. The defence was therefore characterised as sham, illusory and moonshine, and the leave to defend application was rejected. The plaintiff was consequently entitled to proceed to decree with interest and costs. Case-Laws Indian Laws Tue, 01 Dec 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197689