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Profile_May282019 (Others)     21 November 2021

Summary suit

I have initiated a criminal case for cheque bounce and it is under trial.  Some of the forums suggested filing a summary suit as well for faster resolution.  Is it really worth  filing a summary suit as well? Should both the CC and Summary suit filed together or can it be filed now when the criminal case is active?



 6 Replies

Anaita Vas   22 November 2021

The word summary suit refers to a legal process for effectively implementing a right in which the tribunals pass judgement without hearing the defence. While this process appears to be in violation of the fundamental principle of natural justice, Audi Alteram Partem, which states that no one should be sentenced without a hearing, it is only used in limited circumstances where the defendant has no valid defense.

A court cannot continue with the court hearing of a suit if the subject in issue is also straightforwardly and considerably in issue in an earlier initiated suit between the same parties, as per section 10 of the CPC. The concept of res subjudice is what it's termed. The section's provision is a must, and the court is not given any authority.

Nevertheless, the term "trial" has not been used in the broadest terms in this particular instance. The idea of res sub-judice does not apply to summary actions filed later.
The summary suit can be heard up to the stage of hearing the summons for judgement by the Court or Judge dealing with it.

1. If the defendant has not applied for leave to protect or has applied and been denied, I

2. f the defendant who is allowed to defend fails to comply with the provisions on which leave to defend is awarded, judgement can be entered in favour of the plaintiff. 

The summary procedure inhibits the defendant who has no defence from making unfair obstacles. It aids in the quick resolution of cases. The plaintiff is entitled to an immediate judgement unless the defendant can show that he has a significant defence in his case. The defendant must show more stringent and rigorous reasons in the occasion of an ex parte proclamation in summary suit. This prevents the ex parte decree from being overturned in the ordinary course of events.

In most cases, the summary procedure is used in a category of situations where quick decisions are desired in the interest of business contracts. Ordinary suits are simpler for the plaintiff to maintain and more difficult for the defendant to defend than summary suits. The summary process, for the most part, guarantees that the defendant does not lengthen the lawsuit and inhibit the plaintiff from acquiring a decree by bringing up unsupportable and fatuous defences.

 

Regards,

Anaita Vas

1 Like

N.K.Assumi (Advocate)     22 November 2021

Well explined by Anaita Vas.Yes, Summary suit is the best method in such a situation,when there iis no grounds for the defendant to defend the suit, ,as the documents will speakf for itself..

1 Like

Shashi Dhara   22 November 2021

Urgent means ten years immediately means five years which do you want.

Profile_May282019 (Others)     22 November 2021

@ Anaita Vas - Really appreciate the detailed explanation. Thank you very much

Dr J C Vashista (Lawyer)     24 November 2021

Both the cases can be proceeded simultanously.

The lecture posted by Ms. Anita Vas is very theoretical but little practical for a layman whose question is limited. 

Profile_May282019 (Others)     26 November 2021

Dear Dr J C Vashista -  The layman you are referring is a  Phd holder from Gerorge Washington University, US. I am not  bragging myself here. The question as long it conveys  what the questioner  wants to know and is satistfed with what answer he or she got from a honest  responder, does not need to be criticized.
 


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