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january 2008

Supreme Court of India · 2008-01-17

S. RAJU vs C. SATHAMMAI

Citation / case number
SC 2006/34247
Court
Supreme Court of India
Petitioner
S. RAJU
Respondent
C. SATHAMMAI
Bench
G.P.MATHUR & AFTAB ALAM

Judgment text excerpt

The Supreme Court held that the appellant should have been granted leave to defend the suit under Order 37 of the Code of Civil Procedure (CPC), despite the trial court's and High Court's findings of inconsistency in the appellant's claims regarding the promissory note. The Court found that the appellant, an uneducated person, had valid reasons to contest the authenticity of the signatures on the note, which were allegedly obtained under false pretenses. The Court set aside the lower courts' orders and allowed the appellant to defend the suit, contingent upon a deposit of Rs.50,000 in the trial court within two months.

S. RAJU vs C. SATHAMMAI · Niyam