Order 37- summary suit

Toni S. Sachdevani (Querist) 06 April 2022 This query is : Resolved
Facts:-
On the first date, when the suit (Registered by Office as Summary Suit) was placed before the Judge, she passed order of re-registering it as Ordinary Suit saying that it was not maintainable as Summary Suit and disposed of the Suit.

Query:-
What remedy is available to challenge the Order??

Thanks & Regards

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Quick Summary

A judge re-registered a summary suit as an ordinary suit, deeming it not maintainable as a summary suit and subsequently disposing of it. The query seeks remedies to challenge this order. The response clarifies that while the suit may proceed as an ordinary suit for recovery, it shouldn't be disposed of in such circumstances, particularly if the defendant has a tenable defence.

Dr J C Vashista (Expert) 08 April 2022
The suit shall be proceeded as ordinary suit for recovery but shall / can not be disposed as stated by you.
Which and where is such a Court presided / located that is stated to have disposed the suit in such situation as stated by you ?

P. Venu (Expert) 09 April 2022
A summary suit lies only in a case where the tenant has no tenable defence.

P. Venu (Expert) 09 April 2022
In the above posting, the word 'tenant' may kindly be read as defendant.

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