In a suit under Order XXXVII CPC, the Court grants the Defendant conditional leave to defend subject to…
The plaintiff becomes entitled to judgment when the defendant fails to furnish the security required for conditional leave to defend. Order XXXVII rule 3(6)(b) makes…
Choose your answer
In a suit under Order XXXVII CPC, the Court grants the Defendant conditional leave to defend subject to the defendant securing the suit amount by way of Bank Guarantee. The Defendant fails to furnish the Bank Guarantee in the prescribed period. The Court shall
Answer and explanation
Correct answer C
The plaintiff becomes entitled to judgment when the defendant fails to furnish the security required for conditional leave to defend. Order XXXVII rule 3(6)(b) makes compliance with the security direction the condition for continuing the defence in this summary suit. The default therefore does not itself convert the case into an ordinary suit or entitle the defendant to file a written statement without satisfying the condition.
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