Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Conditional Leave to Defend
Jurisdictional & Appellate Practice Terms
Definition
An order passed in a summary suit (Order XXXVII CPC) granting the defendant permission to defend the suit only on the condition that they deposit a portion of the claimed amount into court or furnish bank guarantees.
Example
In a summary recovery suit for ₹50 lakh based on dishonored bills, the defendant raises a plausible but weak defense regarding defective goods; the judge grants conditional leave to defend subject to the defendant depositing ₹15 lakh in an interest-bearing escrow account.