Case Note & Summary
The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two others (partners) to recover money. The suit was filed in September 2019. After service, the defendants appeared and the plaintiff took out a Summons for Judgment. The defendants filed a reply seeking leave to defend, and the plaintiff filed a rejoinder. The court examined whether the defendants had raised triable issues. The court noted that the defendants' reply disclosed a plausible defence regarding the quantum of liability and the applicability of interest, but the defence was not wholly unimpeachable. The court deprecated the prolixity of pleadings, observing that pleadings should be concise. The court held that the defendants were entitled to leave to defend, but on condition of depositing a portion of the claimed amount as security. The court directed the defendants to deposit a sum within a specified period, failing which the plaintiff would be entitled to summary judgment. The court also emphasized the need for brevity in pleadings, citing an earlier decision and Alexander Pope.
Headnote
A) Civil Procedure - Summary Suit - Leave to Defend - Order 37 Rule 3 CPC, 1908 - The court considered whether the defendants raised triable issues entitling them to unconditional leave to defend. The court found that the defendants' reply disclosed a plausible defence regarding the quantum of liability and the applicability of interest, but the defence was not wholly unimpeachable. Consequently, the court granted conditional leave to defend upon depositing a portion of the claimed amount. (Paras 4-10) B) Civil Procedure - Pleadings - Prolixity - Order 6 Rule 1 CPC, 1908 - The court deprecated the practice of prolix pleadings, observing that pleadings should be concise and not run into pages when facts fit into a paragraph. The court quoted from an earlier decision and Alexander Pope to emphasize that beauty lies in brevity. (Paras 1-3)
Issue of Consideration
Whether the defendants should be granted unconditional leave to defend the summary suit or whether the plaintiff is entitled to a summary judgment.
Final Decision
The court granted conditional leave to the defendants to defend the suit, subject to depositing a portion of the claimed amount as security within a specified period. If the defendants fail to deposit, the plaintiff will be entitled to summary judgment.
Law Points
- Pleadings must be concise
- not prolix
- Summary suit under Order 37 CPC
- Leave to defend may be granted on conditions
- Defendant must show triable issues
- Security deposit can be imposed as condition
