Answer By law4u team
The summary suit procedure under Order 37 of the Civil Procedure Code (CPC) is a special procedure designed to facilitate the quick resolution of certain types of civil disputes, particularly for the recovery of money, where the claim is based on a written contract or other documents that appear to support the claim. The procedure aims to reduce delays in court and provide a faster remedy. Key Features of the Summary Suit Procedure under Order 37: Applicable Cases: The summary suit procedure is generally used for claims related to money recovery under certain contracts, such as bills of exchange, promissory notes, or contracts in writing that specify a certain sum to be paid. It is applicable where the plaintiff has a clear, undisputed claim based on written documents, and there is no need for a prolonged trial. Filing the Summary Suit: The plaintiff files a plaint under Order 37 of the CPC, accompanied by a copy of the contract, promissory note, or other relevant documents that substantiate the claim. The suit is filed in the appropriate court, and it must specify that it is a summary suit. Issuance of Summons: Upon receiving the suit, the court issues summons to the defendant, who is required to appear before the court. The summons typically contains a notice informing the defendant that the suit will proceed under the summary procedure, and they are required to file a leave to defend if they want to contest the suit. Leave to Defend: If the defendant wishes to contest the suit, they must file an application for leave to defend the suit within 10 days of receiving the summons (the time may vary depending on the specific court rules). The application must provide reasons for why the defendant believes they have a valid defense. If the court is satisfied that the defense is valid and worthy of examination, it will grant the defendant the leave to defend the suit. Effect of Failure to File Leave to Defend: If the defendant does not file a leave to defend or fails to appear, the court may pass a decree in favor of the plaintiff based on the claim, as there is no contest from the defendant. Procedure After Leave to Defend: If leave to defend is granted, the suit proceeds like a normal suit, with the defendant filing a written statement and the plaintiff filing a reply. The case then continues in the usual manner of civil litigation, with trial and evidence presented before the court. Examination of the Case: In a summary suit, the court only examines the documents and written submissions provided. There is no detailed oral examination of witnesses at the initial stage. If the defendant has a bona fide defense, the court may permit further examination or even a full trial. Time Frame: Summary suits are intended to be resolved quickly. The procedure is meant to expedite the process and avoid delays that typically occur in regular civil suits. Decree in Summary Suit: If the defendant does not contest the suit, the court may grant a summary judgment in favor of the plaintiff. If the defendant contests and the case proceeds with the leave to defend, the usual trial process applies. Conclusion: The summary suit procedure under Order 37 of the CPC is a fast-track process for the recovery of money or other claims that can be proven with clear and straightforward documentation. It provides a quicker alternative to the regular suit procedure, with safeguards for defendants to present valid defenses.
