Know About Summary Suits in India


Summary suits can be filed under Order XXXVII in respect of recoveries based upon bills of exchange, hundies and promissory notes; debt or liquidated demands, with or without interest based on a written contract or law or on a guarantee claim against the principal. The suit must contain a specific averment that suit has been filed under Order XXXVII; no relief outside the ambit of this Order has been claimed and just below the title it is mentioned “(Under Order XXXVII of the Code of Civil Procedure, 1908)”.
On service of prescribed summons in Form No. 4 in Appendix B, the defendant may file his appearance within 10 days otherwise the suit would be decreed against him. If appearance has been filed by the defendant, then Summons for Judgment in Form No. 4A shall be served upon the defendant along with affidavit of plaintiff verifying cause of action, amount claimed and stating that in his belief, there is no defence to the suit.
The defendant may apply for leave to defend suit within 10 days of receipt of summons for judgment, for grant of leave to defend, disclosing such facts which entitle him to defend the suit and where the Court considers the defence sought to be raised is not bona fide, it will decree the suit. Otherwise, where defence appears to be bona fide, Court may grant leave to defend, with or without conditions. When leave to defend is granted, the procedure for ordinary suits is to be followed
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