---
title: "Is Leave to defend available for Defendant in case of the summary suit under order 37?"  
description: "Is Leave to defend available for Defendant in case of the summary suit under order 37?"  
author: "Lily Chitlangiya"  
published: 2021-11-29  
canonical: https://answers.mindstick.com/qa/94207/is-leave-to-defend-available-for-defendant-in-case-of-the-summary-suit-under-order-37  
category: "law & legal issues"  
tags: ["laws", "laws and legal issues"]  
reading_time: 2 minutes  

---

# Is Leave to defend available for Defendant in case of the summary suit under order 37?

Is Leave to defend available for Defendant in case of the [summary suit](https://answers.mindstick.com/qa/94206/what-is-the-difference-between-complaint-under-section-138-of-ni-act-and-summary-suit-under-order-37-of-cpc) under order 37?

## Answers

### Answer by Sanjay Goenka

**Yes**, the leave to defend **is available to the defendant** \
**Section XXXVII of the Code of Procedure** speaks about the **recovery suit** in the matter of the recovery of the promised contracts and money This clearly says that if under **rule 2(6)** the defendant is unable to file a leave for defend then the plaintiff will immediately be able to file for the judgment and then will not have the right to defend himself. This section of CPC explains a lot about the recovery of the money that is debt by any person or in other many cases like the **dishonoring of cheques** and hundies. \
![Is Leave to defend available for Defendant in case of the summary suit under order 37?](https://answers.mindstick.com/questionanswer/e357b34a-9df1-4fe8-a290-cb6e619bd882/images/9331d581-1e94-4a3a-8605-bc9e3246a8e7.jpeg)\
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**Explanation XXXVII of [CPC](https://answers.mindstick.com/qa/94213/what-is-the-time-limit-for-filing-a-petition-under-order-xxxvii-of-cpc), or Recovery suit** As per **rule 2 of order 37,** affirmation is required. And, no relief will be granted which will fall under the ambit of the section. And, to get the degree suit under **[order 37](https://answers.mindstick.com/qa/94214/can-complaint-under-section-138-of-ni-act-and-summary-suit-under-order-37-of-cpc-be-filed-simultaneously)** of the act these two procedures are available. Falling **under 2(3)** the accused should have given the appearance in the court within the **10 day**s of receiving the summons from the related court. Once it is done, he is required to confirm the cause, amount of money, and the charges of his petition. \
This falls under the **2 (6)** order states that if the defendant is unable to or does not apply for the leave to defend then the petitioner has the right to file a request for immediate judgment. And then the accused will be liable to pay the due amount. **\** **Case law** Precision steel and engineering v. Prem deva, Niranjan Deva on 7 October 1982 In this case, the three judges’ bench declared in his judgment that the substantial defence does not mean that the defendant discloses the mere facts. But, he should present the full detailed copy of the submission. \


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Original Source: https://answers.mindstick.com/qa/94207/is-leave-to-defend-available-for-defendant-in-case-of-the-summary-suit-under-order-37

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