Summary Suits : Provisions regarding Summary Suit (Order 37 of the Civil Procedure Code)

       Order XXXVII Rule 1 to 7 of the Civil Procedure Code deals with the provisions of Summary Procedure by which certain suits i.e Summary Suits are decided summarily. It is a shortcut method of deciding the suits without the following strict, technical rules of procedure laid down in the Civil Procedure Code.

       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.

       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.

Categories of Summary Suit - 

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. 

      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. 

In Summary suit, the defendant must prove his fact Within 10 Days

     

Object of summary suit- 

          The main object of summary suit is to provide speedy and cheap remedy and quick disposal of the Civil Suit.



She also

Difference Between Summary Suit and Ordinary Suit (Regular Suit)

Interpleader Suit (Section 88, Order 35 Code of Civil Procedure)