Arun Kasturi (AS) 24 October 2018

Judge refuses to issue Summon for judgement under Order 37

I filed a summary suit under order 37 for money owed to me through promissory note. And the defendant was issued a summon and he came to appearance on 24/10/2018 and when asked to provide the summon of judgement to the defendant. Hon'ble judge stated that he can't issue summon for judgement and that this case will go on as usual. My question to the esteemed lawyers is can I go to the high court to direct to districts court judge to issue summon for judgement? or is there any other way to make the judge provide the summon for judgement to the defendant?

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5 Replies

Adv Deepak Joshi +917017821512 (Advocate) 24 October 2018

What is opinion of your lawyer whom trusted and hired for you summary suit.

Arun Kasturi (AS) 24 October 2018

He has no idea(he was not even aware that summary suit exists, I informed him by going through internet, he said that I should contact high court. Maybe they can help. He said that no problems we can continue this as normal suit.

TGK REDDI 24 October 2018

Judgment can be pronounced in the absence of the Defendant or his Counsel.

Judgment can, at the discretion of the Presiding Officer, be deferred because of the absence of the Defendant.

Not only in Civil matters but also in Criminal Matters judgment can be pronounced in the absence of the Accused.

Summons for the appearance of the Defendant for hearing the judgment is never issued.

I'm unable to understand why you, the Plaintiff, are bothered about the appearance of the Defendant.

Arun Kasturi (AS) 24 October 2018

No sir I think you misunderstood, it's a summary suit and the defendant appeared on 24/10/2018. Upon his arrival my counsel asked for the summon for Judgement according to order 37 of CPC but the judge said he can't serve summon for judgement. My question is whether summon for judgement will be issued by judge or does the plaintiff has to move an application for summon for judgement. My counsel too has no clue. That's why I'm seeking the advice from the forum.