In a civil revision petition under Article 226 challenged an order granting unconditional leave to defend in a money suit based on a promissory note. The High Court upheld the trial court's decision, stating that a mere semblance of defense suffices unless it is mere moonshine.
Civil Revision Petition dismissed with no costs incurred.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2016
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM
Civil Revision Petition (PD) No.1472 of 2016 and C.M.P.No.8079 of 2016
Aranmanaiselvi
... Petitioner
vs
S.Shakthi Vel
... Respondent
Civil Revision Petition filed under Article 227 of the Constitution of India against the order and decreetal order dated 07.12.2015 passed in I.A.No.6168 of 2015 in O.S.No.7059 of 2014 on the file of learned First Assistant Judge [FAC], City Civil Court, Chennai.
O R D E R
This revision challenges the order of learned I Assistant Judge [FAC],
City Civil Court, Chennai, passed in I.A.No.6168 of 2015 in O.S.No.7059 of 2014 on 07.12.2015.
2. Heard learned counsel for petitioner.
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basing his claim on a pronote. Respondent/defendant moved I.A.No.6168 of
2015 seeking grant of unconditional leave to defend. On consideration of his contention that he had dealings, not with petitioner/plaintiff but only with her husband with whom he had left a signed promissory note, which was being misused by petitioner/plaintiff, Court below has granted leave to defend. A mere semblance of a defence would be sufficient to do so. Of course, the defence should not be mere moonshine. Finding no error in the order of the
Court below and leaving it open to both parties to canvass their respective cases on merits, this Court dismisses the petition.
The Civil Revision Petition shall stand dismissed. No costs. Consequently,
connected miscellaneous petition is also closed.
06.06.2016
Index : Yes / No Internet : Yes sri/gm
To
The I Assistant Judge [FAC], City Civil Court, Chennai.
C.T.SELVAM, J
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sri/gm
Civil Revision Petition (PD) No.1472 of 2016
06.06.2016
2 issues framed by the court
Whether the granting of unconditional leave to defend by the trial court was erroneous or not.
Whether a mere semblance of defense is sufficient to grant leave to defend.
Aranmanaiselvi
S.Shakthi Vel
C.T.Selvam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
