Summary Suit

Querist : Anonymous (Querist) 03 February 2011 This query is : Resolved
Dear members,

Can any one tell me whether Notice is requried under summary suit.In regular suit for recovery of money Notice is required if you want to recover the cost of Suit.In Negotiable Instrument it is mandatory. what about summary suit.considering this point that in summary suit there is no right to defend the defendent it is depend on the legal discrition of the court.

Hopefully you would got the issue & do the needful.

Thanks & Regards
Alok Tripathi
(Advocate)

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Parveen Kr. Aggarwal (Expert) 03 February 2011
There is no provision of law making it mandatory to serve notice before institution of suit either for simple suit for recovery or a suit under summary procedure prescribed under Order 37 of the Code of Civil Procedure, 1908.

Devajyoti Barman (Expert) 04 February 2011
Neither in the summary suit nor in the reular suit any such notice is required.

Advocate Bhartesh goyal (Expert) 04 February 2011
No mandatory requirement to issue notice before filing money suit either in general provision or in summary.

Basavaraj (Expert) 04 February 2011
Order 37 of the Code of Civil Procedure, 1908 does not say or specify or support that notice has to issue before failing common suit or summary suit.

Sending notice is common practice among advocates. What would if one notice already sent respondent does not respond, then we can also send one more notice right.

Is there any minimum statuary period to send notice for summmery suit let us know.

Parveen Kr. Aggarwal (Expert) 06 February 2011
Dear Mr. Basavaraj,

If the noticee has not responded to the first notice there is no necessity of sending him any further notice. But if you want to serve further notice before initiation of legal proceedings, there is no prohibition to it.

As there is no statutory requirement of service of notice, there is no statutory period fixed for such notice.

Advocate. Arunagiri (Expert) 06 February 2011
Notice is only optional, not mandatory.

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