AJAY BANSAL vs ANUP MEHTA

The Supreme Court held that an application under Article 227 of the Constitution of India is maintainable even when an appeal under Section 96 of the Code of Civil Procedure is available, particularly to prevent undue hardship on the respondents. The Court emphasized that the defendants must disclose a triable issue to be granted leave to defend under Order XXXVII, Rule 3(5) CPC. The judgment of the High Court allowing the application for leave to defend was upheld, reversing the Civil Judge's decree in favor of the plaintiff.