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Order XXXVII CPC | In a Summary Suit, Defendant Cannot File Reply or Defence Without Court’s Permission: Supreme Court

07 Oct 2025 3 min read
Order XXXVII CPC | In a Summary Suit, Defendant Cannot File Reply or Defence Without Court’s Permission: Supreme Court

The Supreme Court of India has reiterated the strict procedural requirements under Order XXXVII of the Code of Civil Procedure (CPC), stating that in summary suits, a defendant cannot file a defence or reply without obtaining prior leave of the Court. The bench comprising Justice Ahsanuddin Amanullah and Justice SVN Bhatti passed this ruling on 6 October 2025, allowing an appeal by Executive Trading Company Private Limited, which challenged a…

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