Unconditional Leave to Defend

My Lord, Can a defendant always defend?

In cases where the Defendant has raised a triable issue or a reasonable defence, the Defendant is entitled to Unconditional Leave to Defend. Leave is granted to Defend even in cases where the Defendant upon disclosing a fact, though lacks the defence but makes a positive impression that at the trial the defence would be established to the Plaintiff’s claim. Only in the cases where the defence set up is illusory or sham or practically moonshine, the Plaintiff is entitled to leave to sign Judgment.”

Hon’ble Justice N.V. RamanaState Bank of Hyderbad v. Rabo Bank [Civil Appeal No. 8194 of 2015] after quoting 1949 Cal HC Judgment: Kiranmoyee Dassi, AIR 1949 Cal 479.

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