Order XXXVII CPC | In Summary Suit, Defendant Can't File Reply/Defence Without Court's Leave : Supreme Court

The Supreme Court clarified the operation of Order XXXVII Civil Procedure Code in summary suits: a defendant cannot file a regular written statement or detailed defence as of right and must seek the court’s leave to do so when resisting a summary decree. The bench reiterated the limited, expedited nature of summary proceedings designed for clear, liquidated claims (e.g., bills of exchange, promissory notes). Courts must scrutinise defendant’s contentions to decide whether a full defence raises triable issues warranting ordinary suit procedure or whether the summary route remains appropriate. The judgment balances creditor protection in fast adjudication with safeguards against trampling bona fide defences; it directs trial courts to grant leave where defendants demonstrate prima facie triable issues but to preserve summary process where claims are plainly established. This clarifies litigation strategy and procedural thresholds in commercial and negotiable instrument disputes.