Allowing Defence Without ‘Leave to Defend’ in Summary Suit is a Procedural Deviation, Strikes at the Root of the Matter: Supreme Court

The Supreme Court of India, in a significant ruling on civil procedure, has held that allowing a defendant to file a reply or defence in a summary suit under Order XXXVII of the Civil Procedure Code, 1908 (CPC) without first obtaining ‘leave to defend’ from the court is a procedural deviation that “goes to the

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