Introduction -
A Summary Suit is peculiar in the sense that in such a suit the defendant is not entitled as a matter of right to defend the suit, as an ordinary suit. Summary Suits are much easier to establish and much tougher for the defendant to defend than Ordinary suit.
Summary Suit -
Summary Suit is a shortcut method of deciding the suits without the following strict, technical rules of procedure laid down in the Civil Procedure Code.
Difference Between Summary Suit and Regular Suit
No
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Summary Suit
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Regular Suit
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1)
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In Summary Suit the defendant is not entitled as a matter of right to defend the suit. Defendant has to obtain the leave of the Court and if he does not apply for such leave within the prescribed period or if Court refused such leave, the plaintiff gets a decree in his favor.
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In Regular (Regular Suit) Suit, a defendant is entitled to defend the suit as a matter of right and no leave to be obtained from Court to defend.
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2)
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Summary suit can be filed only for two categories of Suits-
(1) Suit upon Bill of Exchange, Hundies, Promissory Notes and
(2) To Recover debt, Liquidated demand in money payable by the defendant on written Contract, and on Guarantee.
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Ordinary suit (Regular Suit) can be filed for any purpose, It is not restricted to any particular category of the suits
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3)
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In case of Summary Suits, After decree the Court may, under special circumstances, set aside the decree, and if necessary stay or set aside execution, and may give leave to the defendant to appear to the summons and to defend the suit, if it seems reasonable to the court so to do, and on such points as the Court thinks fit
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In ordinary suit (Regular Suit), the Decree cannot be set aside by trial Court except on the grounds of review.
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4)
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In Summary suit, the defendant must prove his fact Within 10 Days
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In ordinary Suit (Regular Suit) Time Limit is 30 Days for filing a written Statement
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