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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.