Nithya (Officer) 12 July 2017

Civil suit/summary suit

How is a Civil suit or Summary suit filed? What is the difference between the two. How long does the proceedings take place?

In which juridiction it has to be filed?

I have to recover money from a friend, who took the money but is not returning it even after six months. He lives in a different small city.

He refuses to give PDCs. He is not even ready to sign a legal agreement.

Money was transferred through bank on his email request/phone request/etc etc, in which he states that he will be returning the money in 15 days.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 12 July 2017

In a summary suit, the defendant is not entitled as a right to defend the suit as he is in an ordinary suit and he must apply for leave to defend. If no leave is granted then the plaintiff is entitled to a decree. To obtain such a leave the defendant will have to state on affidavit such facts as it would make incumbent on the Plaintiff to prove consideration.
In a summary suit, the defendant must prove his facts within ten days from the service of summons for judgement. However in an ordinary suit, he has a time limit of 30 days for filing a written statement.
Generally speaking, summary suits are much easier to establish for the Plaintiff and much tougher for the Defendant to defend than ordinary suits. This is because of the fact that the Defendant has an added burden of proving as to why he should be allowed to put up a defense.
In theory, a summary suit is supposed to be a faster remedy than an ordinary suit. Sometimes multiple summons are served on a defendant before an ex parte decree in favor of the Plaintiff is passed. In a summary suit however, if the defendant fails to establish as to why he should be allowed to defend within 10 days, an ex partedecree is immediately given.

Hence it is my humble opinion that a summary procedure should always be opted for whenever the circumstances allow, as compared to an ordinary suit.