Maheshkumar (practice) 25 August 2009

Summary suit

Dear Friends,

What is mean by Summary Suit and Special Civil Suit.in one of the recovery matter plentiff has filed against us.

Can you please advise on this?

Thanks.

Maheshkumar.

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Arul Kumar (Legal Consultant & Professor at Law) 25 August 2009

Summary suit

The important feature of "summary suit" is that, here the Defendant is not allowed to defend the suit, unless he takes the permission from court.

Defendant is allowed to defend himself only if according to the affidavit filed by him, it is must for the plaintiff to prove charges against him.

If by affidavit by Defendant, it appears that he has no defense, then court will decline him the permission and pass necessary orders in favor of plaintiff.

Summary procedure applies to following kinds of suits:-

Suits upon bills of Exchanges, hundies or promissory notes

Any suit filed by the plaintiff for recovery of a debt/money payable by the defendant according to a written contract, or

In case of an enactment wherein the amount to be recovered is a fixed amount of money , or a debt other than a penalty, or

A guarantee, where the claim against the principal is in respect of a debt or for money only.

The object behind provision of summary procedure was to ensure a speedy trial for recovery of money in cases where the defendant has no defence and thus any unreasonable delay sought to be caused is eliminated.

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