chaitanya sahoo (lawyer) 02 October 2015
Friends,
I have filed a summary suit u/o xxxvii. Defendant did not entered appearance within 10 days of summon. Then filed an application for leave to defend. In this case, what is the consquence? whether the leave to to defend will be allowed?
Thanks
Chaitanya
adv. rajeev ( rajoo ) (practicing advocate) 02 October 2015
Yes it will be allowed
sagar bhatt 02 October 2015
Advocate Bhartesh goyal (advocate) 02 October 2015
Generally court allows application u/order 37 rule 5 of cpc but plaintiff should be made strong objections.
(5) The defendant may, at any time within ten days from service of such summons for judgment, by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms as may appear to the Court or Judge to be just:
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