What Is The Procedure to Initiate a Summary Suit?

The purpose of the Summary Suit is the recovery of money in the case of promissory note, hundies and bill of exchange. It is a civil matter, the provisions of which are specified in Order 37 of the Civil Procedure Code.

What is a Summary Suit?

Order 37 of the Code of Civil Procedure (CPC), 1908 proves the concept of the Summary Suit or summary procedure. The Summary Suit by definition is the legal procedure to enforce a right in an appropriate manner, as here the Court passes judgements without hearing the defence.

Through the Summary Suit, the right is enforced in a way taking effect faster than the ordinary suit.

It may seem to be opposing the natural law of justice, but on the other hand, this is practised only in limited situations where the defendant has nothing to protect his side. The question may arise regarding the situations where there is no defence, and this article will help you to understand further.

What is the Jurisdiction of a Summary Suit?

The Summary Suit can be filed in the court having any of these jurisdictions:

• Where the defendant resides

• Where the defendant carries on his business or works for gain

• Where the cause of action has arisen fully or partially

Other than that, based on the value, the pecuniary jurisdiction of the Court has to decide whether the matter to be filed in:

• Courts of small causes

• City Civil Court

• High Court

How should the plaint for Summary Suit be drafted?

While drafting the Summary Suit, the following points are necessary to mention, they are as follows:

• Brief but a clear idea about the facts about the cause of action

• The plaint should contain a specific affirmation that the suit is filed under the Order XXXVII of CPC

• The plaint must mention clearly that no such relief is being claimed which does not fall under the ambit of rule 37 of CPC.

When can a Summary Suit be filed?

In order to file a Summary Suit, the suit must be upon:

• Bill of Exchange - The Bill of Exchange is a written order (unconditional in nature) by one party (known as a drawer) to another party (known as a to pay specified sum) either immediately or on a fixed date for payment of goods and services received. If the sum is to be paid immediately it is called the sight bill.

• Hundies - A Hundi is another unconditional order in writing made by a person to direct another person for the payment of a specific sum of money to a person whose name is mentioned in the order. It is a financial instrument used for trade and credit purposes in India.

• Promissory Notes - A promissory note is an order to pay a specific amount of money to the person who is bearing the order.

For a Summary Suit, the plaint must involve a demand for liquidated money for a fixed sum which is subject to the discretionary power of the Court.

The Summary Suit for the recovery of money must be arising from:

• On a written contract

• On an enactment that the recoverable sum should be a fixed amount of money in the form of a debt

• On a guarantee for a claim in the nature of the debt or liquidated demand.

When the above conditions are fulfilled, the plaint of Summary Suit is filed in an appropriate Civil Court.

What is the Procedure of Summary Suit?

The procedure of the Summary Suit is here as follows:

Step One: The plaintiff must file the suit at an appropriate Civil Court. After filing the suit, the defendant shall receive a copy of the plaint and summons from the Court.

Step Two: Within the specified time mentioned in the summon, usually 10 days, the defendant must appear before the Court either in person or through his agent.

Step Three: On the appearance of the defendant, the defendant has to apply for leave to defend within 10 days from the date of the service of summon on him. The leave is granted only if the affidavit filed by the defendant carries enough material fact to defend his side.

In case the defendant does not appear, the plaintiff may get an ex-parte decree passed.

What is the purpose of a Summary Suit?

The Summary Suit is beneficial for the welfare mechanism for the purpose of achieving justice in a profitable manner.