Summary suit and ordinary suit
Rajaram C Iyer
(Querist) 19 May 2008
This query is : Resolved
please tell me the difference between summary suit and ordinary suit for recovery in detail. If possible with example.
Thanks
Rajesh Kumar
(Expert) 19 May 2008
Ordinary suit you understand. Summary suit of recovery is a quick procedure, under Order XXXVII of the Code of Civil Procedure for recovery of money when certain conditions are satisfied- that is written agreement. The difference in procedure is that in ordinary suit, the defendant has a right to contest whereas in summary procedure the defendant can enter into his defense only after getting leave of the Court.
amit gupta_lawyer
(Expert) 22 May 2008
the basic difference between summery suit and normal suit for recovery is that summary suit is filled for the speedy justice and where the liability of defendent is apperent and there is no way for the defendant to deny the liability at first instance for eg. cheque issued by any one, issuing the pronote accepting the liability to pay,
and in such case the plaintiff had a fair chance to suceed so the liability is on the defendant to prove thatplaintiff dont have the fair chance to succed on first instance and for that he has obtain leave to defend from the court and if court grant the leave to defend to the defendant then the sumarry suit get converted into the normal recovery suit.
SANJAY DIXIT
(Expert) 19 June 2008
I agree with the suggestions made by Mr Rajesh & Amit.
The CPC provides for a summary procedure for faster recovery of a debt or liquidated money in demand under Order 37 of the CPC. In summary suit, defendant is not, as in an ordinary suit, entitled as of right to defend the suit.
Advocate Ravinder
(Expert) 15 December 2014
@ Amit Gupta.
Can we pray for interim injunction in the Summary suit.
Anirudh
(Expert) 15 December 2014
Can you please indicate what kind of interim prayer you are having in mind.
Advocate Ravinder
(Expert) 15 December 2014
Attachment before Judgement and not to alienate pending disposal of the main OS.
