https://www.taxtmi.com/caselaws?id=360427 In a summary suit under Order XXXVII CPC, a plea that goods were defective will not by itself justify leave to defend where the defendant admits receipt of the goods but produces no material showing timely rejection or return. Applying Section 42 of the Sale of Goods Act, 1930, retention of delivered goods without prompt intimation of rejection amounts to deemed acceptance. On that basis, the defence was treated as neither substantial nor bona fide and no genuine triable issue was found; the refusal of leave to defend and the decree were left undisturbed. en-us Fri, 11 May 2018 00:00:00 +0530 Thu, 17 May 2018 05:54:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=360427 In a summary suit under Order XXXVII CPC, a plea that goods were defective will not by itself justify leave to defend where the defendant admits receipt of the goods but produces no material showing timely rejection or return. Applying Section 42 of the Sale of Goods Act, 1930, retention of delivered goods without prompt intimation of rejection amounts to deemed acceptance. On that basis, the defence was treated as neither substantial nor bona fide and no genuine triable issue was found; the refusal of leave to defend and the decree were left undisturbed. Case-Laws Indian Laws Fri, 11 May 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=360427