O.37 R.3 CPC | Defendant Not Obliged To Apply For Leave To Defend Without Service of Summons: J&K High Court

The Jammu and Kashmir High Court ruled that under Order 37 Rule 3 CPC, a defendant isn't obligated to seek leave to defend if summons haven't been served properly. The court emphasized that genuine service of summons is crucial before imposing such obligations on defendants. The decision underscores procedural fairness in civil litigation, safeguarding defendants' rights against arbitrary claims. This ruling clarifies the application of procedural rules to ensure due process in legal proceedings.