Important Legal Definitions

The judicial permission granted to a defendant in a summary suit allowing them to file a written statement, granted unconditionally if they disclose a substantial defense, or conditionally (upon depositing security) if the defense is plausible but doubtful.

In IDBI Trusteeship Services Ltd. v. Hubtown Ltd., the Supreme Court synthesized the principles for granting leave to defend, holding that where the defendant raises a bona fide triable issue, they are entitled to unconditional leave.