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Ajinkya Lad   18 January 2024

Recovery of money suit -suit under order 37

i am a co operative Bank. 'A' is a person who took a loan from me. 'B and C' are the two surety to the loan.

I'm sending a demand notice to A. should I send the same demand notice to B and C, as they are equally liable.

is it tenable? in terms of o37 suit.


 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 January 2024

No notice to the guarantirs.After issues involved in the suit are framed, settlement of issues takes place, and finally, the trial commences. After taking into account all the evidence, the final arguments are heard and the suit is finally decreed.

As soon as the suit is registered and summons are issued, the defendant has a time of 10 days to appear before the court, failing which the court assumes that the plaintiff’s allegations are true and passes the judgment in the plaintiff’s favor

T. Kalaiselvan, Advocate (Advocate)     18 January 2024

Summary Suit is a legal proceeding in which the plaintiff seeks to recover the debt or liquidated demand in a swift and expedited manner. Order XXXVII of the Code of Civil Procedure, 1908, lays down the procedure for filing and adjudication of summary suits.

The essence of summary suit is that the defendant is not, as in ordinary suit, entitled as of right to defend the suit.

Summary Suit is the specific fast track procedure for enforcing a right in an effective manner as the Courts pass judgements without hearing the defence. While it would appear to be violative of the principle of Natural Justice, Audi Alteram Partem, this procedure is only applicable to limited subject matters where the defendant does not have a defence. 

Ajinkya Lad   18 January 2024

but my question is whether I can make a party to the other two sureties?
is that tenable

Advocate Bhartesh goyal (advocate)     18 January 2024

You should issue notice to both borrower and guarantor. 

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