Principle

CIVIL PROCEDURE β€” Undefended List Procedure β€” Triable Issue β€” Conflicting Affidavit Evidence Necessitates Transfer to General Cause List

Area of law
CIVIL PROCEDURE
Court
Supreme Court

This principle establishes that where conflicting affidavit evidence creates a controversy that cannot be conclusively resolved, a triable issue arises, and the court must transfer the suit to the general cause list for full trial. The principle applies in undefended list procedure. It ensures that…

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