Summary Suit U/o 37 of CPC | Provision for summary suit | Suit for Recovery under order 37 of CPC | Has new provision been provided for summary suit?
What is a Summary Suit ?
A Summary suit is provided U/o XXXVII (37) of CPC. The summary suit is a special legal procedure used for enforcing a right in in an effective manner as the courts pass judgment without hearing the defendant. This procedure is only used in certain limited cases where the defendant has no reasonable or logical defense.
Object of Summary Suit ?
The summary suit is a faster process than ordinary suit, the real object to file a suit U/o 37 of CPC is that unless the Defendant is able to show that he has a considerable defence in his case, the Plaintiff is entitled to get a judgment immediately. In a summary suit the defendant is not entitled as a matter of right to defend the suit. In order to defend the case, Defendant has to obtain a leave from the Court and if he does not apply for such leave within the prescribed period or if Court refused such leave, the plaintiff gets a decree in his favour. In a summary suit, the defendant must prove his fact within 10 Days. In an ordinary suit the prescribed time limit is 30 Days and not latter than 90 days for filing a written statement.
In summary suit, the decree is easier to obtain for the Plaintiff and hard for the defendant because the defendant has an added burden or responsibility to prove why he should be allowed to put up the defense but in ordinary suits, the defendant no need to prove that why he should be allowed to put up the defense.
What is the procedure in Summary Suits ?
Rule 2 and 3 provide the procedure in summary suits. Under rule 2 after the summons of the suit has been issued to the defendant. The defendant is not entitled to defend Summary suit unless he enters an appearance.
In default of this, the plaintiff will be entitled to an ex-parte decree which is on a different footing to an Ex-parte decree passed in ordinary suits. In the case the defendant appears, the defendant must apply for leave to defend the case within ten days from the date of service of summons and such leave will be granted only if the defendant discloses such facts as may be deemed to entitle him to defend the suit. And if he does not apply for such leave within the prescribed period or if Court refused such leave, the plaintiff gets a decree in his favour. In a summary suit, the defendant must prove his fact within 10 Days. In an ordinary suit the prescribed time limit is 30 Days and not latter than 90 days for filing a written statement.
Format of a Summary Suit.
Here is an example of an actual summary suit which was filed before the session court in case of recovery of certain amount against a bill.
IN THE COURT OF HON’BLE CIVIL JUDGE (SENIOR DIVISION)
M/s Deep Pharma Through its proprietor/authorised signatory …...plaintiff
Versus
M/s __________ through its Proprietor. …...Defendant
Suit U/s 37 of CPC, for recovery of Rs. _______
R/Sir,The plaintiff humbly submits as under:-
1- That the plaintiff is a registered Pharma distributor and is carrying on business of sale of medicines at office situated at _________. The plaintiff provided different types of medicines, pharmaceutical drugs etc. The present suit is being filed through Mr. ____________who is the authorized signatory.
2- That defendant is a private medical store having its business at _______and the defendant is the proprietor and is responsible for executions of all work/business related to the business of his firm.
3- That the defendant used to purchased medicines from the plaintiff time to time. The defendant purchased medicines many times from the plaintiff, so the plaintiff gave credit to him and had sold medicines worth Rs. ………/- to the defendant vide various bills and there is a balance of Rs. ………./- receivable by the plaintiff against the said bills, but the defendant failed to pay the balance amount of Rs………/- of medicines, against the defendant remained in the books of the plaintiff. Copy of bills are attached herewith the plaint.
4- That the defendant is liable to pay the outstanding amount of Rs. ………./- to the plaintiff.
5- That the plaintiff is maintaining a regular account in his account book and all the medicines sold to the defendant have been duly accounted for and the defendant failed to pay the amount of Rs. ……./- to the plaintiff despite various reminders made by the plaintiff and the defendant has intentionally withheld the amount without any reason.
6- That inspite of repeated request the defendant did not pay the amount of medicines within a mutually agreed terms and conditions which shows that the defendant has malafide intention not to pay the amount of medicines.
7- That the plaintiff also served notice to the defendant with regard to the non payment of amount of medicines of Rs. ………/- on dated …………through his counsel vide registered post but inspite of notice received by the defendant, the defendant did not pay any heed to pay the amount of medicines. The copy of legal notice dated and its postal receipt dated are attached herewith the plaint.
8- That the defendant inspite of repeated requests and notices have failed to pay the amount of Rs. …………/- to the plaintiff and have refused to pay the amount of ………../- finally on ………., hence the present suit.
9- That the suit is within the period of limitation.
10- That no other proceedings except detail in the plaint have been pending or decided or are pending in any court of law.
11- That both plaintiff and defendant reside within the territorial jurisdiction of this Hon'ble court, hence the Hon'ble court has jurisdiction to try the present suit.
12- That a value of the suit for the purpose of court fees and jurisdiction is assessed Rs. …../- and the court fees of Rs. ……./- has been paid on the plaint.
13- It is therefore prays to this Hon’ble court to pass a decree for recovery of Rs. ………./- along with interest at the rate of 12% per annum from the date last purchase to till the realization of the same may kindly be passed in favour of the plaintiff against the defendant with costs. And /or any other relief which the Hon'ble court deems fit and proper may kindly be passed in favour of the plaintiff and against the defendants.
Plaintiff
M/s …………
VERIFICATION:-Verified that the contents of para no. 1 to 8 & 11 are correct to the best of my knowledge and para no. 9 & 10 are correct to the best of my belief. Verified at
Through Counsel:-
(Affidavit)
IN THE COURT OF ADD. CIVIL JUDGE, SR. DIVISION
M/s Deep Pharma Vs M/s …………..
Suit for Recovery U/o 37 of CPC.
AFFIDAVIT
I, ...................................................., do hereby solemnly affirm and declare as under:-
1- That the deponent has this day filed the aforesaid suit before this Hon’ble Court, the contents kept therein have been read over & explained to me in Hindi by my engaged counsel, same have been understood by me, are true and correct to the best of my knowledge and belief.
Deponent
Verification:-Verified that the contents of this affidavit have been understood by me, are true and correct to the best of my knowledge and belief. Nothing has been concealed therein. No part of this affidavit is false. Verified at
Deponent
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