What is the limitation period to apply for leave to defend a suit under Order XXXVII of the C.P.C_________________?
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Answer: A. Ten days, when the summons are served
Explanation
Order XXXVII of the C.P.C provides a limitation period of ten days to apply for leave to defend. Defendants served with summary procedure summons must act quickly within this strict timeframe. Failing to apply within ten days entitles the plaintiff to an immediate judgment in court. Summary suits under Order XXXVII expedite debt recovery based on negotiable instruments or written contracts. Statutory limitation periods ensure that legal disputes are resolved without unnecessary procedural delays. Defendants must disclose triable issues in their leave applications to contest summary claims successfully.
Commercial banks use summary procedure suits to recover overdue loans rapidly from corporate borrowers. Litigation lawyers monitor service dates carefully to avoid missing the strict ten-day limitation deadline. Courts enforce these strict limitation rules to maintain efficiency in commercial dispute resolution. Fifteen days exceeds the strict statutory limitation period mandated for summary suit defense leaves. Twenty days is incorrect because the law allows a much shorter window for urgent commercial claims. None of above is wrong because ten days from service is the precise statutory limitation period.
- Subject
- Law
- Category
- Judiciary and Law
- Topic
- —
- Difficulty
- medium
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