SANTOSH KUMAR vs BHAI MOOL SINGH

The Supreme Court ruled that under Order XXXVII of the Code of Civil Procedure, a defendant must be allowed to defend a suit if a triable issue is raised, regardless of the absence of documentary evidence at the leave stage. The Court found that the imposition of a condition to provide security for the suit amount was illegal, as the defence was not deemed vague or non-bona fide merely due to lack of evidence at that stage. The judgment emphasized that the discretion to impose conditions must be exercised judiciously and in accordance with natural justice principles.