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Summary Suit and its Procedure under Code of Civil Procedure, 1908

Jobee Paul
Jobee Paul
  • Apr 15, 2023
  • 11 min to read
Summary Suit and its Procedure under Code of Civil Procedure, 1908 Paul

Introduction A summary suit is a special procedure for the speedy disposal of civil suits, provided for in the Code of Civil Procedure 1908. The purpose of the summary suit procedure is to dispose of cases where the amount of money involved is not large and the claim is not of a complicated nature. Summary suits are intended to provide a more expeditious remedy than the ordinary suits, whereby the plaintiff can obtain a speedy and effective remedy. Definition The termsummary suit is defined in Section 2(26) of the Code of Civil Procedure 1908. According to this provision, a summary suit is a suit in which the relief claimed is for the recovery of money not exceeding five hundred rupees or for the delivery of specific movable property not exceeding ten thousand rupees in value. Procedure The procedure for summary suits is provided for in Order XXXVII of the Code of Civil Procedure 1908. This Order provides for the filing of the plaint, the issue of notice to the defendant, the filing of the written statement, the hearings, and the disposal of the suit. Filing of the Plaint The plaintiff may file a plaint in the Court of Small Causes or in the Civil Court having jurisdiction over the subject matter of the suit. The plaint must contain a concise statement of the material facts on which the claim is based and the relief sought. The plaint must also contain a statement that the plaintiff believes that the defendant is liable to pay the relief claimed and that the suit is a summary suit as defined in Section 2(26). Issue of Notice to the Defendant Once the plaint has been filed, the Court shall issue a notice to the defendant, requiring him to appear before the Court and answer the plaintiffs claim. The notice must be served on the defendant at least seven days before the date fixed for the hearing of the suit. Filing of the Written Statement The defendant may file a written statement within seven days of the service of the notice. The written statement must contain a concise statement of the material facts on which the defendant relies, and any other material facts that the defendant may wish to rely upon. Hearings The Court will then fix a date for the hearing of the suit. The Court may, at the hearing, take evidence on affidavit or may call witnesses, if necessary. The Court shall decide the suit on the basis of the pleadings and the evidence adduced. Disposal of the Suit If the Court is satisfied that the plaintiff is entitled to the relief claimed, it shall pass a decree in favour of the plaintiff. The Court may pass such decree for the payment of money or for the delivery of specific movable property as the case may be. Conclusion In conclusion, it can be seen that the summary suit procedure is a quick and effective remedy for the recovery of small sums of money or for the delivery of specific movable property. The procedure for summary suits is provided for in Order XXXVII of the Code of Civil Procedure 1908. This Order provides for the filing of the plaint, the issue of notice to the defendant, the filing of the written statement, the hearings, and the disposal of the suit. In this way, summary suits provide an expeditious remedy for the speedy disposal of civil suits.

Jobee Paul
Jobee Paul

Firm founder Jobee Paul is a practicing advocate and has several years of legal experience in Criminal, Civil, Commercial, Family Laws , Corporate, Real estate, Employment ,Consumer laws, Bail matters, NDPS Drugs cases, Adoption, Registration, Accident claims, Police matters, Agreements, Divorce , Contracts & Legal Documentation / Agreements, Divorce, child custody, Cheque Bounce,

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February 14, 2019

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