Key Principles on Granting Leave to Defend under Order 37 CPC – Explained by the Supreme Court (2025 SCMR 756)
آرٹیکل:آرڈر 37 سپریم کورٹ کے مطابق دفاع کی اجازت کب دی جائے؟
تعارف
سپریم کورٹ کے تین اہم اصول
2️⃣ سپریم کورٹ نے قرار دیا
3️⃣ سپریم کورٹ نے قرار دیا
خلاصہ
Must read judgement
2025 SCMR 756..... Civil procedure code 1908......Order 37 RR 1&2..... Leave to appear and defend the suit..... Principles ....... Enunciated in ....in PLD 1996 SUPREME COURT 749.........Held. Where a a fact disclosed by the defendant in the affidavits makes out a case for shifting the onus on the plaintiff to prove consideration of the instrument ,then leave to defend ought to be granted ...The leave could also be granted on any other ground or facts which the court considers sufficient to to support the application for grant of leave to appear and defend the suit....It has been held that refusal of grant of leave to defend is a rare phenomenon and it is confined to cases where no defense at all is disclosed by the defendant. Thus, ordinarily ,leave would not be declined even in cases where , the defence appears to be very weak or sham one, because in such cases the grant of leave by a court can be made conditional ....The grant of conditional or unconditional leave had been held to be a matter within the discretion of the court which is to be exercised keeping in view the facts and circumstances of each case and that no hard and fast rule could be laid down as to how it should be exercised by the court ...In a nutshell ,if it appears to the court that the facts disclosed in the affidavits in support of the application for grant of leave to appear and defend are such that it becomes necessary for the for the plaintiff to to prove consideration of the instrument then ,in such an eventuality ,leave to appear and defend may also be granted unconditionally provided the defence is found to be bona fide and the conduct of the defendant is free from suspicion...... However, where the defence disclosed by the defendant in the affidavits is found to be illusory and lacking bona fides or is intended to delay the proceedings or is based on allegations of vague and general nature relating to the misinterpretation ,fraud and coercion , without any supporting material .the leave may be granted co conditionally I e ,by way of depositing of the amount claimed in the suit in court or furnishing of security bonds for the same on other terms and conditions that the court may think fit.