Information
Surender Singh
(Querist) 19 July 2012
This query is : Resolved
what is different between summary suit and ordinary suit
ashutosh mishra
(Expert) 19 July 2012
In a regular suit a defendant sued by plaintiff enjoys RIGHT to DEFEND the suit so filed.
Summary suits are filed under order 37 of C.P.C.on the ground that the defendant has no defence to the suit.Order 37 of the Civil Procedure Code provides for the summary procedure. The provisionhas been made keeping in view certain suits, in order to prevent the unreasonable obstruction by the defendant, who has no defence.Unlike other civil suits, the trial in summary suits begins after the court grants leaveto the defendant to contest the suit. The court dealing with summary suits can pass the judgment in the favour of the plaintiff if (1) the defendant has not applied for leave todefend or if such application has been made but refused, or (2) the defendant who is permitted to defend fails to comply with the conditions on which the leave to defend was granted/
No longer, it is mandatory to supply the copy of the documents. However, it ismandatory to supply annexure and therefore, even if it is assumed that the documents were not supplied, it would not render the service of summons under O 37 nugatory.
KINDS OF SUCH SUMMARY SUITS:
1.Suits upon bills of Exchanges, hundies or promissory notes;
2.Any suit filed by the plaintiff for recovery of a debt / money payable by thedefendant according to a written contract, or
3.In case of an enactment wherein the amount to be recovered is a fixed amount of money, or a debt other than a penalty, or A guarantee, where the claim against the principal is in respect of a debt or for money only.
The object behind provision of summary procedure was to ensure a speedy trial for recovery of money in cases where the defendant has no defence and thus any unreasonable delay sought to be caused is eliminated.
The provisions of this Order, prescribing for the special trail of certain classes of suits,and by certain courts, are not repugnant to Article 14 of the Constitution, as they are based on reasonable classification.
