While dealing with an application seeking leave to defend, held, it would not be a correct approach to proceed as if denying leave is the rule or that leave to defend is to be granted only in exceptional cases or only in cases where defence would appear to be a meritorious one. On the issue of raising of triable issues, if defendant indicates that he has a fair or reasonable defence, he is ordinarily entitled to unconditional leave to defend unless there be any strong reason to deny leave. Further held, even if there remains a reasonable doubt about probability of defence, sterner or higher conditions could be imposed while granting leave to defend but, denying leave would be ordinarily countenanced only in such cases where defendant fails to show any genuine triable issue and court finds defence(s) to be frivolous or vexatious. Held, cannot take away the entitlement of plaintiff to maintain summary suit under Or. 37

[B.L. Kashyap & Sons Ltd. v. JMS Steels & Power Corpn., (2022) 3 SCC 294]

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