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 root of the matter.” The bench, comprising Justice Ahsanuddin Amanullah and Justice S.V.N. Bhatti , set aside an order of the Bombay High Court that permitted a defendant to file a reply to a Summons for Judgment without such leave.

The apex court concluded that bypassing this mandatory step effaces the distinction between a regularly instituted suit and a summary suit, thereby undermining the specific procedure laid out in Order XXXVII of the CPC.

Case Background

The appeal was