Order XXXVII Rule 3: Defendant showing defence on merit to have leave to appear

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(1) The Court shall, upon application by the defendant, give leave to appear and to defend the suit, upon affidavits which disclose such facts as would make it incumbent on the holder to prove consideration, or such other facts as the Court may deem sufficient to support the application. (2) Leave to defend may be given unconditionally or subject to such terms as to payment into Court, giving security, framing and recording issues or otherwise as the Court thinks fit. [(3) The provisions of section 5 of the Limitation Act, 1908 (IX of 1908), shall apply to applications under sub rule (1),].

Effective date: 1909-01-01

Related sections

Order XXXVII Rule 2: Institution of summary suits upon bills of exchange, etc Order XXXVII Rule 4: Power to set aside decree Order XXXVII Rule 1: Application of Order Order XXXVII Rule 5: Power to order bill, etc., to be deposited with officer Court Order XXXVI Rule 5: Hearing and disposal of case Order XXXVII Rule 6: Recovery of cost of nothing non acceptance of dishonoured bill or note

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