Order 37 Summary Suit under Order XXXVII CPC – Leave to Defend Must Be Based on Plausible Defense
آرڈر سینتیس کا دعوی مختصر دفاع کی اجازت اور قانونی تقاضے – ایک عدالتی تجزیہ
📝 مختصر کہانی:
⚖️ اہم قانونی نکات (High Court نے قرار دیا):
📌 قانونی اہمیت:
Must read Judgement
2025 CLC 1253
PLJ 2025 Lahore 354
Order XXXVII Rule 2(2) of the Code provides that the defendant shall not appear or defend the suit unless he obtains leave from a judge as hereinafter provided so to appear and defend; and, in default of his obtaining such leave or of his appearance and defense in pursuance thereof, the allegations in the plaint shall be deemed to be admitted, and the plaintiff shall be entitled to a decree… This is followed by Order XXXVII, Rule 2(3) of the Code setting up requirements and form of leave application. If the defendant succeeds to obtain the leave.
A combined reading of the Rules of Order XXXVII of the Code, particularly the above discussed Rules, reveals that defender of suit filed in summary jurisdiction first has to show a plausible defense. Once success is achieved in doing so, conditional or unconditional, leave can be granted. Failure at this step can have consequence that the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to decree. However, when the defendant succeeds in obtaining leave, the procedure of suits instituted in the ordinary manner is to be followed.
The ordinary procedure and essentials of written statement are given in Order VIII of the Code. Order VIII Rule 3 of the Code does not permit to deny generally the grounds alleged by the plaintiff. The defendant has to deal specifically with each allegation of fact of which he does not admit the truth. Rule 4 of the said Order provides that where a defendant denies allegation of fact in the plaint, he must not do so evasively, but answer the point of substance. Order VIII Rule 10 of the Code, besides other consequences, provides that when any party from whom a written statement is required but the party fails to file it, the Court can make order in relation to suit as it thinks fit.
RFA 27-20
ABDUL GHAFFAR VS
UMAR FAROOQ