Bombay High Court Sets Aside Trial Court's Order Rejecting Leave to Defend in Summary Suit — Court Holds That Opportunity Should Be Given to Seek Condonation of Delay Under Order XXXVII Rule 3(5) CPC. The defendant's application for leave to defend was rejected solely because it was filed after ten days without a delay condonation application; the High Court ruled that the trial court should have allowed the defendant to file a condonation application and then consider the leave application on merits.
6 Apr 2018The matter arose from a writ petition filed by the defendant in a summary suit challenging the trial court's order rejecting his application for leave...
