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Delhi HC ruled that Section 151 CPC cannot be used to file additional documents after the 15-day period for leave to defend under Section 25-B of the Delhi Rent Control Act, 1958 expires, reinforcing the strict deadline for tenants and landlords in rent-control eviction suits.
The Himachal Pradesh High Court upheld conditional leave to defend under Order 37 Rule 3 CPC in a ₹52 lakh recovery suit, affirming that leave to defend is the rule unless the defendant raises a triable issue. The ruling clarifies the threshold for denying leave in commercial disputes under summary procedure.
The Madhya Pradesh High Court has ruled that once a triable issue is recognized in a summary suit, imposing a surety condition under Order 37 Rule 3(5) CPC is legally impermissible. This reinforces the principle that leave to defend must be unconditional when the defendant raises a bona fide defense, protecting litigants from undue financial barriers in commercial disputes.
Delhi High Court holds that summary suits may be decreed without leave to defend if defence raises only technical, unsubstantiated objections without disclosing a triable issue.