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Summary Suit

Order XXXVII of the Code of Civil Procedure, 1908 provides for summary litigation or summary proceedings. The summary suit is a special legal procedure designed to effectively enforce a claim since the court renders a decision without hearing the defense.

Although it would initially seem that this would go against the cardinal rule of natural justice, Audi Alteram Partem, that no one should be sentenced without a hearing, this technique is only employed in situations where the defendant has no defense and is only applicable to a small number of topics.

summary-suit

This would make it easier to understand the special position summary actions hold within the civil justice system as well as the issues that summary actions seek to address.

A summary suit is a legal procedure used to enforce a right that takes effect more quickly than an ordinary suit because, unlike in an ordinary suit, the court does not hear the defense. It is governed by rule 37 of the Code of Civil Procedure.

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