Order 37- summary suit
Toni S. Sachdevani
(Querist) 06 April 2022
This query is : Resolved
Facts:-
On the first date, when the suit (Registered by Office as Summary Suit) was placed before the Judge, she passed order of re-registering it as Ordinary Suit saying that it was not maintainable as Summary Suit and disposed of the Suit.
Query:-
What remedy is available to challenge the Order??
Thanks & Regards
Dr J C Vashista
(Expert) 08 April 2022
The suit shall be proceeded as ordinary suit for recovery but shall / can not be disposed as stated by you.
Which and where is such a Court presided / located that is stated to have disposed the suit in such situation as stated by you ?
P. Venu
(Expert) 09 April 2022
A summary suit lies only in a case where the tenant has no tenable defence.
P. Venu
(Expert) 09 April 2022
In the above posting, the word 'tenant' may kindly be read as defendant.