Summary Suit in India:
A summary suit is a special type of civil case filed under the Civil Procedure Code, 1908 (CPC) to ensure quick disposal of claims relating to debts, loans, or contracts. Unlike regular suits, summary suits do not require a full trial unless the defendant proves they have a valid defense. This process saves time and prevents unnecessary delays in recovering money.
- What Is a Summary Suit?
A summary suit is a fast-track legal procedure for recovering a specific sum of money that is due under:
a. Bills of exchange, promissory notes, or written contracts.
b. Recovery of debts and liquidated amounts.
c. Situations where liability is clear and uncontested.
- Legal Basis of Summary Suit in India
- Governed under Order XXXVII of the Civil Procedure Code, 1908 (CPC).
b. Applicable to cases involving negotiable instruments, contracts, and specific monetary claims.
c. Designed to prevent defendants from delaying proceedings without a substantial defense.
- Who Can File a Summary Suit?
- Creditors or lenders to recover unpaid loans or advances.
b. Holders of negotiable instruments such as cheques, bills of exchange, and promissory notes.
c. Companies or individuals seeking enforcement of contractual payments.
- Process of Filing a Summary Suit
- Step 1 – Filing the Plaint: Plaintiff files a summary suit in civil court under Order XXXVII CPC.
b. Step 2 – Issuance of Summons: Court issues summons directing the defendant to appear and seek leave to defend.
c. Step 3 – Defendant’s Leave to Defend: Defendant must apply for permission to contest the suit by showing a valid defense.
d. Step 4 – Court’s Decision: If the defendant fails to obtain leave, the court may pass a decree in favor of the plaintiff.
e. Step 5 – Execution of Decree: The decree is enforced, and the plaintiff recovers the claim amount.
- Role of a Lawyer in Summary Suit
- Drafting the plaint in compliance with Order XXXVII CPC.
b. Ensuring summons and notices are served correctly.
c. Contesting or opposing leave to defend applications.
d. Arguing effectively for speedy judgment.
e. Assisting in enforcement of the decree once passed.
FAQs on Summary Suit
It provides a quicker remedy compared to regular civil suits.
Yes, dishonoured cheques can lead to both cheque bounce cases and summary suits.
The court may pass an immediate decree in favor of the plaintiff.
Permission sought by the defendant to contest the suit by showing a genuine defense.
They can be filed in courts that have pecuniary jurisdiction as per CPC.
Usually shorter than regular suits, but timelines vary depending on defenses raised.
Yes, if the defendant provides a valid defense and court grants leave to defend.
Strongly recommended, as technical drafting and procedure are critical.
Original contracts, loan agreements, promissory notes, cheques, or other proof of debt.
Yes, companies often use summary suits to recover debts from clients or vendors.