India’s civil case law is governed by the Code of Civil Procedure (CPC), a procedural statute. The CPC contains Order XXXVII, which addresses summary suit in cpc, among other provisions. A summary judgment against the defendant can be obtained quickly and easily by the plaintiff through a summary suit.
summary suit meaning
- Under the Code of Civil Procedure (CPC), a legal proceeding is referred to as a “summary suit” in Indian law. In order to resolve some civil disputes quickly and easily without requiring a full trial, summary suits are designed to be used.
- If the plaintiff bases their claim on a negotiable document (like a promissory note, bill of exchange, or check) or an agreement that calls for the payment of a debt or liquidated demand in cash, they may file a summary suit under the CPC. A plaintiff’s claim for a certain sum of money must be uncontested by the defendant in order to qualify for a summary suit.
order 37 cpc summary suit
The summary procedure is established by Order 37 CPC. In order to prevent the defendant, who lacks a defense, from imposing undue hindrance, the order was created with a few specific suits in mind. Unlike other civil claims, summary procedure trials start after the judge gives the defendant permission to raise objections. When handling summary suit cases, the judge may rule in favour of the plaintiff if:
- The accused has not attempted to request permission to defend, or if they have, their request has been denied, or
- The accused, if granted permission to defend, has not complied with the requirements set forth in the permission letter.
Institution of summary suit in cpc
- Bringing a plaint with the following specification to court initiates a summary suit:
- The suit must state that it is being filed under the summary procedure, and “Under Order 37 of Code of Civil Procedure, 1908” should be written beneath the suit’s title.
- It must indicate that no claims for relief that are outside the scope of this rule have been made.
- The defendant will then receive a summons to appear in court, along with a copy of the plaint and any appendices, in the format specified in Form no.4.
- The defendant must show up for his appearance within ten days of receiving the summons. The plaintiff is entitled to a final order granting him the amount specified in the plaint, along with interest at the specified date and costs, if the court deems it appropriate, upon his failure to appear. It is assumed that he has admitted to the claims made in the plaint. (Rule 2)
- When the defendant enters an appearance, the plaintiff must serve the defendant with the Form No. “4A” summons for judgment, an affidavit confirming the plaint’s amount claim and cause of action, and a declaration stating that the defendant has no defense to the lawsuit.
- Then, within ten days of the summons being served, the defendant may file an application for leave to defend the lawsuit, providing an affidavit containing any information he feels is necessary to support his claim to the right to self-defence.
- The Court may not deny the defendant’s request to defend the lawsuit unless it determines that the defendant’s disclosures are frivolous or do not demonstrate that he has a strong defense to offer.
judgments in summary suit
- In the case of Neebha Kapoor v Jayantilal Khandwala, the expeditious resolution of economic litigation is the principal public interest underlying Order 37 CPC, according to the Supreme Court. To guarantee that such disposal is finished as soon as is reasonably possible, it specifies a time frame. Nonetheless, we think leave could be granted if the validity of Order 37 CPC itself is in doubt, which appears to be the primary justification for the contested ruling. The court has the power to consider the implications before issuing a decree.
- In the case of S.S. Steel Industry v Guru Hargobind Steels, Order 37 Rule 2(3) CPC, according to the Delhi High Court, clearly stipulates that the defendant cannot defend the civil case unless he appears. If he does not, the plaint’s claims will be deemed admitted, and the plaintiff will be entitled to a declaration for the full amount not to exceed the sum specified in the summons.
Summary suits serve as a clever means of preventing unjustifiable delays caused by a defendant lacking a viable defense. Businesses would benefit from summary suits since the plaintiff is entitled to a judgment unless the defendant can show that he has a strong defense.
Order 37 of CPC creates a suitable system that makes sure the defendant doesn’t drag out the legal proceedings, particularly in business situations where time is of the essence and advances the cause of justice.
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