inçharge court powers

Summary Suits: These are special procedures designed for swift resolution in specific cases, often involving claims based on documented debt (bills of exchange, promissory notes etc.).

Default by Defendant: The key factor is whether the defendant appears to contest the suit. If the defendant fails to appear (remains absent), the court can pass an ex parte decree based on the plaintiff's claim.

Points to Consider:

Leave to Defend: Even if the defendant is absent initially, they can still seek permission (leave) to defend the suit later. The court will consider the reason for absence and the merits of their defense before granting leave.

Setting Aside Decree: In special circumstances, the court can set aside the ex parte decree and allow the defendant to contest the case.

Overall, while an in-charge court can issue a final decree in a summary suit if the defendant is absent, the defendant has some recourse to challenge the decree under certain circumstances.

If in charge court has been delegated the powers of regular court judge in such matters then you can expect the court to pass judgment as per procedures of law on merits.