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In an Order XXXVII summary suit, the defendant receives conditional leave to defend by providing a bank guarantee within a fixed period. The period expires without compliance and the condition has…

Question and options

In an Order XXXVII summary suit, the defendant receives conditional leave to defend by providing a bank guarantee within a fixed period. The period expires without compliance and the condition has not been extended or varied. Under Rule 3(6)(b), what is the plaintiff entitled to?

  1. An order allowing the defendant to file a written statement as of right

  2. Automatic conversion to an ordinary suit

  3. Judgment forthwith in accordance with the rule

  4. A mandatory fresh oral trial before any judgment

Answer and explanation

Correct answer: C - Judgment forthwith in accordance with the rule

Where conditional leave requires security and the defendant does not comply within the unextended period, Order XXXVII Rule 3(6)(b) entitles the plaintiff to judgment forthwith. The stated facts exclude a later order extending or varying the condition.

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