Article 118 (Art. 159 of the Act of 1908:
The period of limitation for an application for leave to appear and defend a suit under summary procedure is ten days and the time of limitation begins to run from the date when the summons is served.
Image Source: localtvwhotv.files.wordpress.com
ADVERTISEMENTS:
Summary suits mean the suits in which summary procedure is followed. Summary procedure means a procedure of trial in which the established formal course of a legal proceeding is disregarded and does not follow the regular common-law principles. In summary suits the defendant is not entitled as of right to defend the suit. He has to obtain the permission of the Court before he can exercise his right.
For such permission he has to obtain the lease of the Court. For such application for leave has to be made within ten days of the service of summons. When the period of ten days expires on a day when the Court is closed, the application for requisite leave can be made on the reopening of the Court.
Under a new sub-rule (7) of Rule 3 of Order XXXVII specifically provides that the Court of Judge may for sufficient cause shown by the defendant, excuse the delay in entering appearance or in applying for leave to defend the suit.