# Summary suit? Ten days to defend. > Order XXXVII in one swipe: the ten-day clock, the test for leave, conditions, and what happens when a condition is missed. - Topic: Courts and procedure - For: Advocates - A 11-slide carousel: https://failegal.site/media/summary-suit-ten-days-to-defend - Published by FAI Legal on 2026-10-10 ## Miss leave, lose the suit. Order XXXVII, Rule 2(2). > "the defendant shall not appear or defend the suit unless he obtains leave from a Judge … and, in default of his obtaining such leave … the allegations in the plaint shall be deemed to be admitted, and the plaintiff shall be entitled to a decree" (Code of Civil Procedure, 1908 · Order XXXVII, Rule 2(2)) ## Quick quiz. Count the days. Guess first, then swipe for the answer. - **A. 11 March** - **B. 31 March** - **C. Any time before decree** ## Answer: A. Ten days. From service, not from the hearing. - **Limitation Act, Art. 159** Leave to appear and defend under Order XXXVII: ten days, when the summons is served. - **Delay** Section 5 of the Limitation Act applies to the application (R.3(3)). - **No good reason** A belated application without a satisfying explanation failed; suit decreed (1995 SCMR 45). ## What it covers. And what it does not. - **Instruments** Bills of exchange, hundis and promissory notes (R.2(1)). A cheque is a bill of exchange (NI Act s.6). - **Courts** High Court, District Court, and civil courts notified by the High Court (R.1). - **Not a guarantee bond** A guarantee is not a negotiable instrument; summary procedure did not apply (1992 SCMR 718). ## The test for leave. Order XXXVII, Rule 3. > "(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 … (2) Leave to defend may be given unconditionally or subject to such terms as to payment into Court, giving security … as the Court thinks fit." (Code of Civil Procedure, 1908 · Order XXXVII, Rule 3(1)-(2)) ## Conditions on leave. What the Supreme Court has said. - **Not just for lack of proof** Improper to impose a condition simply because the defendant cannot adduce evidence at the leave stage (PLD 1991 SC 976). - **Delay tactics** A condition is justified where the defendant is trying to prolong the litigation (same case). - **Security** Title documents of equal value accepted as security (2014 SCMR 1830). ## Condition not met. Leave falls away. - **Conditional leave** Security or deposit ordered (R.3(2)). - **Not complied** Leave ceases; plaint deemed admitted; decree (2016 CLC 604; 2024 MLD 569). - **After decree** Set aside only under special circumstances (R.4). ## Myth or fact? The plaintiff's head start. - **Myth: The plaintiff must first prove the cheque was for consideration.** - **Fact: Until the contrary is proved, every negotiable instrument is presumed made for consideration (NI Act s.118(a)).** ## Draft the leave application. Ask FAI in your own words. It answers with the exact rule and the leading judgments. - **Grounds for unconditional leave to defend in a summary suit on a cheque.** - **Draft an application under Order XXXVII Rule 3 CPC.** ## What this does not mean - The ten days run from service of the summons, not from the hearing date. - Summary procedure covers bills of exchange, hundis and promissory notes. A guarantee is not a negotiable instrument, so it did not apply to a guarantee bond (1992 SCMR 718). - Once a decree is passed, it can be set aside only under special circumstances (R.4). ## Questions people ask ### What is the time limit for leave to defend in a summary suit in Pakistan? Ten days from when the summons is served (Limitation Act, Art. 159). ### What happens if the defendant does not get leave to defend? Under Order XXXVII Rule 2(2) CPC, the allegations in the plaint are deemed admitted and the plaintiff is entitled to a decree. ### Can a summary suit be filed on a bounced cheque? Yes. A cheque is a bill of exchange (NI Act s.6), and Order XXXVII covers bills of exchange, hundis and promissory notes. ### Can the court put conditions on leave to defend? Yes. Leave may be unconditional or subject to terms such as payment into court or security (R.3(2)). The Supreme Court said a condition is improper simply because the defendant cannot adduce evidence at the leave stage, but justified where he is trying to prolong the litigation (PLD 1991 SC 976). ### Can a late application for leave to defend be accepted? Section 5 of the Limitation Act applies to the application (R.3(3)). A belated application without a satisfying explanation failed and the suit was decreed (1995 SCMR 45). ## Sources - Code of Civil Procedure, 1908 · Order XXXVII, Rule 2(2): Summary suits upon bills of exchange, etc. - Code of Civil Procedure, 1908 · Order XXXVII, Rule 3(1)-(2): Defendant showing defence on merit --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.