Mere set-off or counter claim may not constitute a triable case so as to avail leave to defend a summary suit

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DID YOU KNOW that a summary suit under Order 37 of the CPC provides a mechanism whereby a person can claim a liquidated debt without having to undergo a long-drawn trial, as long as the defendant does not have a triable case? A triable case is one where there is a fair dispute as to the meaning of document forming basis of the claim; uncertainty in payable amount; or the need for cross-examination or plaintiff interrogation. Notably, mere set off or a counter claim does not make the amount payable uncertain and is therefore not a triable issue for summary suits.

DID YOU KNOW that our office is representing a plaintiff in a summary suit in Delhi where the subject matter of dispute is the advance token amount given in respect of a prospective lease of a commercial property.

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