Convert summary suit into civil suit ?

Guest (Querist) 13 August 2010 This query is : Resolved
An advocate told me that summary procedures are just worth less and it is very easy to get them converted into ordinary civil suits which go on lingering for decades.He said for example if 10-25% is deposited of the amount for which a cheque has been bounced, summary procedure under order 37 is converted into ordinary civil suit.
Is he right ?

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Devajyoti Barman (Expert) 13 August 2010
Once a summary suit is filed the defendant gets the chance to contest it only by getting the permission of the court and the permission generally comes if the defendant deposits a portion of the money claimed in the suit. Once the money is deposited the suit goes on like any other ordinary suit though it is more expeditious.

Koumarish Bhattacharya (Expert) 13 August 2010
A case under section 138 N.I.Act for dishonour of a cheque can never be converted into a Civil suit at the instance of the defendant. It is purely a Criminal proceeding.

G. ARAVINTHAN (Expert) 14 August 2010
if the application filed by the defendant to leave to sue, allowed, then the suit will be converted as ordinary suit

Kiran Kumar (Expert) 14 August 2010
from the query i believe it was a civil suit for recovery, and I agree with Opinion expressed by Mr. Barman

s.subramanian (Expert) 14 August 2010
I agree with Mr.Barman.

Rajeev kulshreshtha (Expert) 14 August 2010
If the suit is for recovery than it shall be converted into ordinary suit only when than defendant will apply leave to defend and in that case it may be granted unconditionally or upon such terms by the court.

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