Fast track money recovery u/o XXXVII CPC

Summary Suit – Under Order XXXVII of CPC 1908

The Code of Civil Procedure (CPC) is a procedural law that governs the legal process of civil cases in India. One of the provisions under the CPC is Order XXXVII, which deals with summary suits. A summary suit is a legal proceeding that allows a plaintiff to obtain a quick and summary judgment against the defendant. 

“Order XXXVII of the CPC provides a fast-track legal mechanism for the recovery of money based on Written Contract, Bills of Exchange, Promissory Notes, and Similar Documents. It applies to certain courts including High Courts, City Civil Courts, Courts of Small Causes, and others as specified by the High Court.”.

Filing of Summary Suits

“Under Rule 2 of Order XXXVII, a summary suit can be instituted by presenting a plaint with specific averments that the suit is filed under this Order. The defendant is required to enter an appearance and is deemed to admit the allegations if he fails to do so. The plaintiff is entitled to a decree for the amount claimed if the defendant does not enter an appearance or fails to get leave to defend.”

Procedure for Defendant’s Appearance

“Rule 3 outlines the procedure for the defendant’s appearance in a summary suit. The defendant must be served with a copy of the plaint and has ten days to enter an appearance. If the defendant enters an appearance, the plaintiff must serve a summons for judgment. The defendant may apply for leave to defend the suit by disclosing facts that may be deemed sufficient to entitle him to defend.”

In this blog post, we will discuss the key features of summary suits, the procedure for filing a summary suit, and the advantages and disadvantages of using a summary suit.

Key features of summery suit:

A summary suit is a legal action that can be taken in cases where the plaintiff has a clear and undisputed claim against the defendant. The following are the key features of summary suits:

  1. Quick disposal: A summary suit is a fast track legal proceeding, and is designed to dispose of cases quickly and efficiently.
  2. Expedited hearing: The court is required to expedite the hearing of the case, and must conclude the trial within limited time.
  3. No trial: In a summary suit, there is no full-fledged trial. Instead, the case is decided based on the pleadings and evidencesubmitted by the parties.
  4. No appeals: The decision of the court in a summary suit is final, and there is no right of appeal. However, the defendant may apply for a review of the judgment if there is an error apparent on the face of the record.

Procedure for filing a summary suit To file a summary suit, the plaintiff must follow the procedure prescribed in Order XXXVII of the CPC. The following are the key steps involved in filing a summary suit:

  1. The plaintiff files a summary suit petition in the appropriate court. The petition must contain all the necessary details of the claim, including the nature of the claim, the amount claimed, and the grounds for the claim.
  2. The court will then examine the petition and decide whether the claim is a debt or a liquidated demand that arises out of a written contract, an enactment, or a guarantee. If the court is satisfied that the claim falls within this category, it will issue a summons to the defendant.
  3. The defendant must file a written statement within ten days from the date of service of the summons. The defendant must raise all their defences in the written statement, failing which they will be deemed to have admitted the plaintiff’s claim.
  4. After the written statement is filed, the court will proceed to examine the case and decide whether to grant or dismiss the summary suit. If the court finds that there is a genuine dispute, it will dismiss the summary suit and order the plaintiff to file a regular suit.
  5. If the court finds that there is no genuine dispute, it will pass a summary decree in favour of the plaintiff.

Disadvantage of Summery suit:

  1. Limited scope: Summary suits are only applicable in cases where the plaintiff has a clear and undisputed claim against the defendant.
  2. No full-fledged trial: In a summary suit, there is no full-fledged trial, and the case is decided based on the pleadings and evidence submitted by the parties.
Written By : Krishna Kumar Mishra

4 thoughts on “Fast Track Recovery under Civil Procedure Code”

  1. The Code of Civil Procedure (CPC) is a procedural law that governs the legal process of civil cases in India. One of the provisions under the CPC is Order XXXVII, which deals with summary suits. A summary suit is a legal proceeding that allows a plaintiff to obtain a quick and summary judgment against the defendant.

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