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Leave to Defend (Summary Suits - Order XXXVII CPC)

Jurisdictional & Appellate Practice Terms

Definition

The formal permission that a defendant in a summary suit based on bills of exchange, promissory notes, or written debt contracts must secure from the court by demonstrating a triable, bona fide defense; without it, the plaintiff is automatically entitled to judgment.

Example

In a summary suit for ₹20 lakh based on a bounced promissory note, the defendant produces bank statements proving the loan was repaid in cash with signed receipts; the court grants unconditional leave to defend.