SH. RAJENDRA KUMAR Vs. MAMTA TANWAR

JUDGEMENT

(1.) The appellant has assailed judgment and decree dtd. 4/6/2024 of the learned District Judge, New Delhi District, Patiala House Courts, whereby leave to defend the suit under Order XXXVII CPC was denied to the appellant and the money recovery suit filed by the respondent was decreed. The appellant has filed entire relevant record of the Trial Court. Having heard the learned counsel for appellant and having examined the records, I do not find any ground to issue notice of the appeal.

(2.) Briefly stated, circumstances leading to the present appeal are as follows.

(3.) The legal position as regards scope of grant or denial of leave to defend a suit under Order XXXVII CPC is now well settled. In plethora of judicial pronouncements, the Supreme Court laid down the principles on which an application for leave to defend has to be examined by the trial court. In one such case titled: IDBI Trusteeship Services Limited vs. Hubtown Limited, (2017) 1 SCC 568, the Hon'ble Supreme Court held thus: