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SUMMARY SUIT UNDER ORDER 37 CPC

                             

INTRODUCTION 

Today we shall discuss a situation where a person can recover his money from the court of law in a fast and speedy manner. In normal recovery suit, a person who has filed a suit has to wait for many years before the case is decided by the court of law. However, in case of a summary suit. the decision of the case comes up in a fast and speedy manner. Summary Suits are governed by the provisions of ORDER 37 CPC. Under this provision, if a suit is filed, in such a situation, the court has the power to grant decree / decision of the case without going into the trial of the case. In other words, merely by looking at the documents of the person who has filed case, if the court is satisfied that a clear-cut case is made out, then the court can come to its decision without going into the trial of the case. In this way, the time of the case is shortened and the person who has filed the case gets relief in a speedy manner. However, in order to file a case under this provision, one has to fulfill some criteria and only then he can avail the benefit provided under the said section.

REQUIREMENTS  

Firstly, there must be any document in writing which contains an acknowledgment in writing of the debt which is to be repaid. For eg; it can be a bill specifying the amount in clear terms as mentioned therein, it can be promissory note containing the promise to pay a certain some of money, it can be an email or a message acknowledging the sum of money to be repaid, it can also be a dishonored cheque which can be used to file the case under this provision and many more.The basic question which need to be seen to bring a case under this provision is that there must an unequivocal acknowledgment  so that there might arise no dispute which requires trial. If this is to be true, then a person can get relief under this provision.


PROCEDURE 

Now once a case is admitted as a summary suit. then first of all a notice is issued from the court of law to the persons against whom the recovery of money is being sought (also known as defendants) and they are required to appear before the court within 10 days of service of the notice upon them. Now once the notice is served upon them, two situations might arise, that is either they appear in time or does not appear. In case they choose not to appear, in such a situation, the court will then straightaway pass decree in favor of the person who has filed the case (also termed as the plaintiff). However, in case the defendant appears within 10 days of service, in such a situation they will file their appearance in court through Counsel/ or in person by mentioning their address of correspondence for the purpose of the case in the future. Once they file their appearance, at this stage, the plaintiff within 10 days of the said intimation. will again file application for summons for judgement in the court of law. Thereafter, in case the defendant thinks that there are some triable issues in the present case, he/ she shall file an application for leave to defend, against which the plaintiff can file his / her reply. In case, leave to defend application is allowed by the court, in such a situation the court will transform this suit into an ordinary suit and gives time to the defendant to file the written statement, and where leave to defend application is not allowed, then the suit shall be summarily decided by the court.

This is only a brief discussion on the above said topic just to give a glimpse on the process to initiate a case under this specific provision for seeking quick relief.

I hope it conveys the basic understanding on the said topic.  


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