
Case Law Analysis
|Bombay High Court
Order XXXVII CPC | Conditional Leave to Defend Requires Principal Deposit as Security : Bombay HC
Bombay High Court rules that defendants seeking leave to defend in a summary suit must deposit the outstanding principal amount as a precondition, even if triable issues like stamping or damages exist. This sets a precedent for stricter financial security requirements in summary proceedings under Order XXXVII CPC, impacting commercial litigation strategy.