Executive Trading Co. Pvt. Ltd. v. Grow Well Mercantile Pvt. Ltd 2025 INSC 1157 - Order XXXVII CPC - Summary Suit - Filing Reply/Defence Without Even Prayer For Leave

Code of Civil Procedure 1908 - Order XXXVII - Whether court can permit filing a reply/defence without even praying for leave, setting out the available defence, etc.? If a reply or defence is allowed to come on record in a summary suit without the Leave of the Court then the distinction sought to be maintained between a Suit normally instituted and Summary Suit under Order XXXVII of the CPC stands effaced.

Code of Civil Procedure 1908 - Order XXXVII Rule 3 -(1) On filing the Summary Suit, the plaintiff must serve the defendant with the plaint and annexures, together with the summons. (2) The defendant has ten days to enter an appearance, in person or through a pleader, and provide a service address. On the same day, the defendant must notify the plaintiff or its pleader of its appearance. (3) The plaintiff then serves a summons for judgment on the defendant in the court-prescribed format, supported by an affidavit verifying the cause of action, the amount claimed, and the belief that the defendant has no defence. (4) Thereafter, the defendant has ten days to apply for leave to defend by filing an affidavit disclosing a genuine and substantial defence. The court may grant leave to defend unconditionally or on such terms that may appear to be just. (5)The court shall not refuse leave unless the defence is frivolous or vexatious. Further, if the defendant admits to owing part of the amount, it must deposit that amount in court to get the leave to defend. (6) If the defendant does not apply for leave or its application seeking leave is refused, the plaintiff is entitled to immediate judgment. If the court grants leave to defend but the defendant fails to comply with any condition or other directions, the plaintiff is also entitled to immediate judgment. (7) The court has the discretion to condone any delay in entering an appearance or applying for leave to defend if the defendant shows sufficient cause. (Para 8)