Summary suit

anandkumar singh (Querist) 11 August 2013 This query is : Resolved
Sir I have file summary suit on the basis of cheque and DP note. But the DP not is affix any stamp.
Opposite party say it is not enforceable in law as it is not affix any stamp.
issue are frame in the primarily issue opposite party says suit is not maintainable as DP not is not enforceable.
My submission is that if it is not enforceable other document i.e, cheque is there so suit can proceed.
What i have to do now. Any case law Supreme court pls...

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Rajendra K Goyal (Expert) 11 August 2013
Whether cheque and the DP note is for the same consideration or separate. If cheque is issued to satisfy the debt of DP note, only suit for dishonor of cheque may be initiated.

R.K Nanda (Expert) 11 August 2013
ur suit is maintainable and will proceed further.

anandkumar singh (Querist) 12 August 2013
Opp first issued 2 cheque, after cheque bounce he issued DP note which is note affix any stamp. So this DP note is no value.
Give me Some citation pls...

ajay sethi (Expert) 12 August 2013
summary suit is maintainable on dishonoured cheques .you need not argue on DP note .

anandkumar singh (Querist) 12 August 2013
only on dishonored cheque, cheque which is not submitted for encasement of money from bank is not applicable in summary suit.

Dr J C Vashista (Expert) 13 August 2013
DP note is out of ambit of summary suit, however, dishonoured cheque is sufficient to proceed

prabhakar singh (Expert) 13 August 2013
TARANTULA AGREES WITH WHAT?
IT IS WRONG TO CONCEIVE THAT SUMMARY SUIT DOES NOT LIE ON PROMISSORY NOTE,(MR. ) Dr J C Vashista !@?

Dr J C Vashista (Expert) 15 August 2013
Dear Mr. Parbhakar Singh ji,
I fully endorse with your views and agree with you that summary suit is applicable in promissory note, as well.