Case Note & Summary
The petitioner, Metro Cash & Carry India Pvt. Ltd., filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging an order dated 06.04.2021 passed by the XX Additional City Civil and Sessions Judge, Bengaluru in O.S.No.3213/2017. The trial court had allowed I.A.No.II filed under Order XXXVII Rule 3(5) read with Section 151 CPC and I.A.No.III filed under Order XXXVII read with Section 151 CPC, thereby granting leave to the respondent, Rambhan Hospitality Services Ltd., to defend the summary suit. The petitioner contended that the respondent failed to raise any triable issues and that the trial court erred in granting unconditional leave. The High Court, after hearing the petitioner's counsel and noting the absence of the respondent's counsel, held that the respondent's application did not disclose any triable issues warranting leave to defend. The court set aside the impugned order and allowed the revision petition, thereby restoring the summary suit proceedings.
Headnote
A) Civil Procedure - Summary Suit - Leave to Defend - Order XXXVII Rule 3(5) CPC - The court examined whether the defendant raised any triable issues to merit leave to defend - Held that the defendant's application did not disclose any substantial question of law or fact requiring trial, and the trial court erred in granting unconditional leave - The revision petition was allowed and the order granting leave was set aside (Paras 3-5).
Issue of Consideration
Whether the trial court was justified in granting unconditional leave to defend to the defendant in a summary suit under Order XXXVII CPC when the defendant failed to raise triable issues.
Final Decision
The High Court allowed the civil revision petition, set aside the order dated 06.04.2021 passed by the XX Additional City Civil and Sessions Judge, Bengaluru on I.A.No.II and I.A.No.III in O.S.No.3213/2017.
Law Points
- Order XXXVII Rule 3(5) CPC
- Leave to Defend
- Triable Issues
- Summary Suit
- Unconditional Leave
- Conditional Leave
Case Details
2022 LawText (KAR) (04) 31
Sri Mrinal Shankar for Sri Dharmendra Chatur (for petitioner), Sri Siddharth B Muchandi, Sri Ramesh R.M., Sri Hitesh D (for respondent)
Metro Cash & Carry India Pvt. Ltd.
Arambhan Hospitality Services Ltd. (formerly known as Cawasji Behramji Catering Services Ltd.)
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Nature of Litigation
Civil revision petition against order granting leave to defend in a summary suit.
Remedy Sought
Petitioner sought to set aside the trial court order granting leave to defend to the respondent.
Filing Reason
Petitioner aggrieved by the trial court's order allowing I.A.No.II and I.A.No.III granting leave to defend.
Previous Decisions
Trial court allowed I.A.No.II under Order XXXVII Rule 3(5) read with Section 151 CPC and I.A.No.III under Order XXXVII read with Section 151 CPC on 06.04.2021.
Issues
Whether the trial court was justified in granting unconditional leave to defend to the defendant in a summary suit under Order XXXVII CPC when the defendant failed to raise triable issues.
Submissions/Arguments
Petitioner argued that the respondent did not raise any triable issues and the trial court erred in granting unconditional leave to defend.
Ratio Decidendi
In a summary suit under Order XXXVII CPC, leave to defend should not be granted unconditionally unless the defendant raises triable issues. The trial court's order granting unconditional leave without any triable issues was erroneous and liable to be set aside.
Judgment Excerpts
Aggrieved by the order of the trial Court granting leave to the respondent to defend the suit, the petitioner has filed this revision petition.
Heard the petitioner’s Counsel.
The trial court erred in granting unconditional leave to defend without any triable issues.
Procedural History
The respondent filed O.S.No.3213/2017 before the XX Additional City Civil and Sessions Judge, Bengaluru. The petitioner filed I.A.No.II under Order XXXVII Rule 3(5) read with Section 151 CPC and I.A.No.III under Order XXXVII read with Section 151 CPC seeking leave to defend. The trial court allowed both applications on 06.04.2021. Aggrieved, the petitioner filed the present civil revision petition under Section 115 CPC before the High Court of Karnataka.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Section 115, Order XXXVII Rule 3(5), Section 151
