Civil Procedure Code, 1908

— Or. 37 R. 3 — Unconditional leave to defend suit — Grant of — Propriety — Absence of triable issue — Irrevocable letter of credit issued by respondent Bank SBP to appellant Bank UBS — Sum involved therein paid by UBS to beneficiary on presentation of relevant documents — SBP refusing to reimburse UBS in respect of amounts disbursed to beneficiary due to commission of fraud by said beneficiary, client of SBP on whose request the letter of credit was issued and several others — Fraud detected after the letters of credit had been negotiated — On facts, grant of unconditional leave to SBP to defend suit for recovery filed by UBS, held, was not proper as no triable issue arose in the present case — Hence, the same was liable to be revoked, (2006) 5 SCC 416-A

Constitution of India

— Art. 136 — Maintainability of appeal under — Contention that impugned order (passed under Or. 37 CPC) did not amount to a judgment against which an appeal would lie, held, not sustainable — Reliance placed upon Shah Babulal Khimji, (1981) 4 SCC 8 not proper as principles enunciated therein apply to letters patent appeals and not to appeals for which special leave is granted under Art. 136, (2006) 5 SCC 416-B