Kindly explain me about Summary Suit in brief.

ARUN KUMAR (Querist) 06 December 2010 This query is : Resolved
Dear Professional Friends,

Kindly explain me about summary suit in brief.

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N.K.Assumi (Expert) 06 December 2010
Refer to Order XXXVII of the CPC, detail is given in that Order.

Uma parameswaran (Expert) 06 December 2010
Summary suit usually filed for recovering dues.Defendant have the right to get permission for leave to defend.

R.Ramachandran (Expert) 06 December 2010
Dear Mr. Arun,
I had given the following detailed reply on the same subject (http://www.lawyersclubindia.com/experts/summary-suit-136016.asp) today.

For filing a case under Sec. 138 N.I.Act, there is no special authority required for the M.D. M.D. has all the powers to act. The rejection of Sec. 138 N.I. case on the ground stated by you is not correct.

As regards Order 37 CPC cases:

Only the following classes of suits can be filed under Order 37 CPC:-
(a)suits upon bills of exchange, hundis and promissory notes;
(b)suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising –
(i) on a written contract; or
(ii)on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or
(iii)on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only.

The case can be filed before High Courts, City Civil Courts and Courts of Small Causes; and other Courts.

In the suit, the plaint should contain,-
(a)specific averment to the effect that the suit is filed under this Order;
(b)that no relief, which does not fall within the ambit of this rule, has been claimed in the plaint; and
(c)the following inscription immediately below the number of the suit in the title of the suit, namely:-
(Under Order XXXVII of the CPC, 1908)

Upon institution of the Summary suit, Summons shall be sent by the Court to the defendant.

The defendant has to enter an appearance either in person or by pleader at any time within ten days of service of Summons.

The defendant may apply for leave to defend such suit.

The Court may, for sufficient cause shown by the defendant, excuse the delay of the defendant in entering an appearance or in applying for leave to defend the suit.

Leave to defend may be granted to him unconditionally or upon such terms as may appear to the Court or Judge to be just.

The leave to defend shall not be refused unless the Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous or vexatious.

Sri Vijayan.A (Expert) 07 December 2010
Yes, the question is answered in http://www.lawyersclubindia.com/experts/summary-suit-136016.asp fully
Here also Mr.R.R given in full detail