Friday, April 18, 2025

Leave to Defend under Order 37 of Code of Civil Procedure, 1908

Leave to Defend under Order 37

Code of Civil Procedure, 1908 - Order XXXVII Rule 3(5) - "Summary Procedure" - Summary Suits - Leave to Defend -"Grant of leave to defend is the ordinary rule and denial of leave to defend is an exception. Generally, the prayer for leave defend is to be denied in cases where defendant practically has no defence and is unable to give out even a semblance of triable issues before the court." - Conceptum Logistics India Pvt Ltd v. Samrajaya Global Shipping Services [2025] GCtR 862 (Delhi)  [page nos. 12 & 13]

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