Supreme Court · 2015 INSC 724 · Decided 1 October 2015

State Bank of Hyderabad v. Rabo Bank

Court
Supreme Court of India
Citation
2015 INSC 724 · [2015] 11 S.C.R. 471
Case number
CIVIL APPEAL No. 8194/2015
Decided
1 October 2015
Bench
RANJAN GOGOI, N.V. RAMANA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 37

Headnote

A B Code of Civil Procedure, 1908 - Order 37 r.3 - Summary procedure - Applicability of - Summary suit by c plaintiff-Bank-Against defendant-Bank - Claiming payment against Bills of Exchange - Denial of liability to make the payment by the defendant-Bank- Trial court made absolute the summons for granting leave to defend - Order of D trial court confirmed by appellate court - On appeal, held: Where the defendant raises a triable issue or a reasonable defence, the defendant is entitled to unconditional leave to defend, unless the defence set up is illusory or sham - In the present case,

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