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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