United Electronics & Anr. v. Compuage Infocom Ltd. & Anr.

CIVIL PROCEDURE CODE, 1908,

--Grant of leave to defend--Recovery of amount due for supply of goodsDefence of defective goods ----Where defence of defective goods was completely frivolous and vexatious and the defence did not raise genuine triable issue, therefore, leave to defendant could not be granted on the basis of frivolous and vexatious defences.--Plaintiff supplied certain goods to defendant. When the defendant failed to pay consideration amount, plaintiff filed a suit for recovery of amount due. Subsequently, defendant filed leave to defend application on the ground that the goods supplied by plaintiff were defective and hence plaintiff was not entitled to receive any amount. Trial Court rejected the arguments on the ground that the defendant had failed to produce any document evidencing the goods supplied by plaintiff were defective in view of section 42. Therefore, defendant preferred an appeal against the decision of Trial Court. Held: It was conceded that neither in the leave to defend application nor in this Court documents were filed showing any intimation sent by appellant/defendant to respondent/plaintiff, that the goods supplied were defective, therefore, unless a defendant in an Order XXXVII, CPC suit raised genuine triable issues, leave to defendant could not granted on the basis of frivolous and vexatious defences.