Supreme Court · 2009 INSC 1021 · Decided 6 August 2009
M/S Fixity Packaging Industries PVT. LTD. & ORS. v. Udyen Jain (Huf)
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1021 · [2009] 12 S.C.R. 557
- Case number
- CIVIL APPEAL No. 5129/2009
- Decided
- 6 August 2009
- Bench
- S.B. SINHA, DEEPAK VERMA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 136
Headnote
---t Code of Civil Procedure, 1908: Or. 37 - Summary suit - Leave to defend, conditional or unconditional - Grant of conditional leave to defend by trial court - Direction to deposit c certain sum out of the total suit claim - Upheld by High Court - On appeal, held: If applicant entitle him to leave to defend, court may impose conditions as to time of trial or mode of trial but not as to payment into court of furnishing security - Conditions imposed should not D - .., be unduly onerous - As a result thereof, defendant would not be able to defend action for all intent
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