https://www.taxtmi.com/caselaws?id=382696 In a summary suit under Order XXXVII, leave to defend should be granted where the defendant raises a plausible defence that is not sham, moonshine, or wholly frivolous, even if the defence is not highly probable. On the facts, the denial of the loan transaction and challenge to the alleged cash advances were found sufficient to show a defence that could not be rejected outright. Conditional leave was therefore appropriate, and refusal to grant it would cause injustice. en-us Mon, 08 Jul 2019 00:00:00 +0530 Tue, 09 Jul 2019 06:24:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=382696 In a summary suit under Order XXXVII, leave to defend should be granted where the defendant raises a plausible defence that is not sham, moonshine, or wholly frivolous, even if the defence is not highly probable. On the facts, the denial of the loan transaction and challenge to the alleged cash advances were found sufficient to show a defence that could not be rejected outright. Conditional leave was therefore appropriate, and refusal to grant it would cause injustice. Case-Laws Indian Laws Mon, 08 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=382696