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november 1976

Supreme Court of India · 1976-11-01

MECHELEC ENGINEERS AND MANUFACTURERS vs M/S. BASIC EQUIPMENT CORPORATION

Citation / case number
SC 1976/60856
Court
Supreme Court of India
Petitioner
MECHELEC ENGINEERS AND MANUFACTURERS
Respondent
M/S. BASIC EQUIPMENT CORPORATION
Bench
BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court examined the application of Order 37 of the Civil Procedure Code, specifically Rule 2 and Rule 3, regarding the grant of leave to defend in summary suits. The Court held that the High Court erred in concluding that the defences were not bona fide despite recognizing triable issues. The Court reinstated the trial court's order granting unconditional leave to defend, emphasizing the necessity of allowing defendants to present their case when genuine issues arise.

MECHELEC ENGINEERS AND MANUFACTURERS vs M/S. BASIC EQUIPMENT CORPORATION · Niyam