Status as on- 29/10/2021

Introduction–

Generally, civil suits are associated with long-standing battle as the proceedings involve extensive procedures of rejoinder, admission/denial of documents, the framing of issues by courts, defenses of defendants which ultimately leading to final judgment or decree.  However, on the contrary the summary suits are considered as an efficacious legal procedure for enforcing a right in an effective manner as the courts pass judgement without hearing the defense.

Summary suit is provided under order XXXVII of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC). This legal procedure is used to enforce rights that takes effect faster than ordinary suits as unlike in ordinary suits the courts do not hear the defense.

Where Summary Suit can be filed?

A summary suit can be instituted in the (competent court as per pecuniary jurisdiction):

• High Courts,
• City Civil Courts,
• Courts of Small Causes, and any other court notified by the High Court.

High Courts can restrict, enlarge, or vary the categories of suits to be brought under this order.

Classes of suits where summary procedure is applied-

Summary Suits is applicable to the following suits:

• Bills of exchange,
• Hundies, and
• Promissory notes, or
• Where Plaintiff seeks only to recover a debt which is payable on a written contract, an enactment, where the sum to be recovered is a fixed sum of money or in nature of any debt except penalty, a guarantee – in respect of the same debt.

Procedure of Summary Suit-

Order 37, rule 2 and 3 specifies the procedure of summary suits.

• The summary suits initiate with the plaint submitted to the court of proper jurisdiction.
• As summary suits initiate, the summon of suit is to be served with a copy of plaint as prescribed to defendant.

• Thereafter, the defendant must enter an appearance within the 10 days of service of summons.
• If the defendant enters an appearance, the plaintiff shall serve on the defendant a summons for judgment.
• Afterward, the defendant may apply for leave to defend the suit within 10 days of service of such summons.
• If the Defendant does not apply for a leave to defend,

1. the Plaintiff shall be entitled to judgment immediately or
2. the Court may direct the Defendant to give such security as it may deem fit.

Conclusion-

Summary Suits/proceedings avoids excessive delays and obstructions. These suits are generally resorted to in a class of cases where speedy decisions are mostly appropriate in the matters of commercial transactions. Significantly, summary suits are straightforward and ease to go for the plaintiff and stiffer for the defendant to defend as comparative to ordinary suits.

Disclaimer-  The above article is based on the personal interpretation of the related orders and laws. The readers are expected to take expert opinion before relying upon the article. For more information, please contact us at rera@centrik.in

Share

Facebook

Twitter

Linkedin