Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SUMAN ROY (Technical Supervisor)     29 September 2023

Summary suit

Respected Sirs / Madams,

Can summary suits under the provision of order 37 CPC, 1908 for money recovery be filed in small district courts? My residence is in a small town Krishnanagar (Pin 741101) in West Bengal where it needs to be filed.

I am being told I can file a normal money recovery suit but not a summary suit for some technical (software) issues & lower courts here have not yet been granted such powers, hence such a query. Alternatively, where can I get any correct information on this issue? Cannot find any such thing on the Ecourts site too.

Thanks a lot in advance, any help in this would be much appreciated.



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     29 September 2023

Rule 1 of Order 37 talks about the courts and types of lawsuits to which Order 37 applies. It states that a matter filed under summary process may be brought before a civil judge, an additional district judge, a judge of the high court, or any other court with financial authority.

Summary suits can be instituted in Courts of Small Causes, City Civil Courts, High Courts, and any court notified by the High Court

If someone files a case in the court under Order  37 the court is under judicial obligation to enquire about the facts of the case and to examine the documents produced along with the plaint in order to confirm that the same fulfills the requirements of order 37 CPC.

SUMAN ROY (Technical Supervisor)     29 September 2023

Respected Kalaiselvan Sir,

Profuse thanks & grateful for your reply.

Yes Sir I understand that is the law but I am told that in my court which is a district court btw that only a normal recovery suit can be filed hence was my query. They cite various reasons why it cannot be done as mentioned earlier.

It was regarding a cheque bounce case where the accused had been hiding for over 2.5 years. All attempts to trace him have failed and there have been multiple WA/WPA served in his name but he is not appearing in the court. Hence I was advised to file a recovery suit.

To file a summary suit I have to deposit a substantial amount as court fees and so I am worried if it is not entertained or refused, my deposit might be gone, and I have to deposit again for a normal recovery suit.

 

T. Kalaiselvan, Advocate (Advocate)     30 September 2023

Instead of filing a summary suit (because you are doubtful about its acceptance in the local court owing to their ill knowledge about such issues), you may straightaway file a money recovery suit, as it is the defendant is hiding and not appearing before the cheque bounce case, he will not appear in this case too so you can esily get an exprte order.

If you  are in the knowledge of any property on his name, you can file a petition under order XXXVIII rule 5 CPC for attachment of his property before judgment. 

Attachment before judgement' is a punitive remedy since it significantly interferes with the defendant's property rights prior to the ultimate disposal.

The primary purpose of an attachment before the judgement is to enable the plaintiff to dispose the amount of decree if one is eventually passed in favour of .plaintiff.

The sole object behind the order levying attachment before judgment is to give an assurance to the plaintiff that his decree if made would be satisfied. 

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register