https://www.taxtmi.com/caselaws?id=356855 In a summary suit, unconditional leave to defend is unavailable where the defendant's pleas do not raise a genuine triable issue. A written settlement agreement with clear instalment liability and an express clause on C-Forms controlled the parties' obligations, and Sections 91 and 92 of the Indian Evidence Act barred reliance on an alleged oral understanding that would vary that contract. The limitation plea also failed because the instalments were payable on future dates and the suit was filed within three years of default. The defences were treated as frivolous and vexatious, and the claim was decreed with interest and costs. en-us Fri, 09 Mar 2018 00:00:00 +0530 Wed, 14 Mar 2018 06:49:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=356855 In a summary suit, unconditional leave to defend is unavailable where the defendant's pleas do not raise a genuine triable issue. A written settlement agreement with clear instalment liability and an express clause on C-Forms controlled the parties' obligations, and Sections 91 and 92 of the Indian Evidence Act barred reliance on an alleged oral understanding that would vary that contract. The limitation plea also failed because the instalments were payable on future dates and the suit was filed within three years of default. The defences were treated as frivolous and vexatious, and the claim was decreed with interest and costs. Case-Laws Indian Laws Fri, 09 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=356855