Case Law Analysis
|Madhya Pradesh High Court
Order 37 Rule 3(5) CPC | Surety Condition Unlawful When Triable Issue Is Established: MP HC
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.