Review by plaintiff - leave to defend o 37 court fees
Madhu Mittal
(Querist) 01 February 2025
This query is : Resolved
A Recovery Suit was filed for Rs. 115984/- by paying court fees of Rs. 7745/- under order 37 CPC. On the same date of application itself,
Unconditional Leave to defend was given to defendant xyz(a proprietary concern) on filing of application for leave to defend in which it was stated by the defendant that the amount which was obtained by loan has been fully repaid without producing any detail and any evidence of payment made. On the application for leave to defend filed by the defendant has only signature of advocate and not the signature of the defendant himself.
. When on the next hearing the plaintiff present the reply for the application filed by the respondent, court took the reply and mentioned in order sheet also and on next hearing (third) the plaintiff was told and on order sheet also written that there is no significance of such reply as the leave to defend is already given.
Now as a plaintiff we want to apply for review so please guide us on following points:-
Any citation that says review can be made against Unconditional Leave to defend by plaintiff.
What will be court fee for review?
Any other guidance.
T. Kalaiselvan, Advocate
(Expert) 01 February 2025
You can enquire about the lawyer's fee for filing revision petition from your lawyer who is handling the case. You can ask your lawyer about some relevant judgement too.
T. Kalaiselvan, Advocate
(Expert) 01 February 2025
For your information a eave to defend application can be allowed without any conditions, as the general rule under the Code of Civil Procedure (CPC) is to grant leave to defend, with denial being considered an exception, meaning a defendant can usually be allowed to defend a suit without any imposed conditions if they demonstrate a substantial defense on merit.
The court allows a defendant to contest a claim in a lawsuit, even if it appears initially that the plaintiff has a strong case.
Unconditional leave to defend means the defendant is allowed to fully defend the case without any restrictions or special requirements imposed by the court.
If the court has doubts about the defendant's defense, it might grant leave to defend with conditions like providing security deposits or filing additional documents.
T. Kalaiselvan, Advocate
(Expert) 01 February 2025
generally, a revision petition cannot be filed if a leave to defend application is allowed without any conditions, as an order granting unconditional leave to defend is considered an interlocutory order and not usually challengeable through a revision petition; the appropriate remedy would be to appeal against the final judgment in the case if aggrieved by the outcome of the suit.
Granting leave to defend is usually considered an interlocutory order, meaning it is a procedural step taken during the course of a suit and not a final decision on the merits of the case.
The scope for review petition is a revision petition is primarily used to challenge orders where the lower court has acted with jurisdictional error, procedural impropriety, or manifest illegality.
f you disagree with an order granting unconditional leave to defend, your proper legal recourse is to file an appeal against the final judgment in the case.
Madhu Mittal
(Querist) 01 February 2025
Respected Sirji,
Thanks for giving your guidance, but due respect to y, What will be court fee for review? I means to be deposited in the court, just like paying court fees of Rs. 7745/- in court while filing suit under order 37. So please guide what will be court fee to be deposited in the court while filing review under order 47 in the same trial court. With Regards
