#Order XXXVII CPC

The Madras High Court held that setting aside an ex-parte order in a summary suit does not dispense with Order XXXVII CPC's mandatory leave-to-defend procedure. The defendant must still seek leave to defend; a written statement cannot be filed as of right. The trial court's acceptance of the written statement without this step was set aside, upholding the summary suit's expedited recovery framework.

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.