Under O. XXXVII Rule 3 sub-rule (2), trial courts may grant__________________?
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Answer: C. Both A and B
Explanation
Under Order XXXVII Rule 3 sub-rule (2), trial courts have the discretion to grant unconditional leave or conditional leave. Judicial discretion allows judges to balance the rights of plaintiffs and defendants in summary commercial litigation. Courts may require security deposits as a condition for granting leave to defend when triable issues appear weak. Summary procedure rules are designed for speedy recovery of debts arising from negotiable instruments and written contracts. Defendants must obtain formal leave from the court to present a defense in summary suits exceeding normal procedures. Requiring financial security protects the plaintiff from potential loss if the defense ultimately proves frivolous.
Option A only mentions unconditional leave, ignoring the court power to impose conditional security requirements. Option B only mentions conditional leave with terms, omitting the alternative of granting unconditional permission. Option D is incorrect because the accurate legal provision encompasses both types of judicial relief options.
- Subject
- Law
- Category
- Judiciary and Law
- Topic
- —
- Difficulty
- medium
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