What is Summary Suit under CPC?

In the context of Indian law, the term “summary suit” refers to a type of legal proceeding under the Code of Civil Procedure (CPC). Summary suits are intended to provide a speedy and relatively simple means of resolving certain types of civil disputes, without the need for a full trial.

Under the CPC, a summary suit can be instituted in cases where the plaintiff’s claim is based on a negotiable instrument (such as a promissory note, bill of exchange, or cheque) or on an agreement that provides for the payment of a debt or liquidated demand in money. In order to be eligible for a summary suit, the plaintiff’s claim must be for a specific amount of money, and must not be disputed by the defendant.

The process for a summary suit is relatively streamlined compared to a regular civil suit. After the plaintiff files the suit and serves notice on the defendant, the court may proceed to a judgment without requiring a full trial, as long as the defendant does not dispute the claim or raise any other objections. This can save both time and money for the parties involved, and can help to expedite the resolution of the dispute.

Where can plaintiff file summary suit?

A plaintiff can file a summary suit in the court that has jurisdiction over the area where the cause of action arose, or where the defendant resides or carries on business. In other words, the suit can be filed in the court that has territorial jurisdiction over the matter.

Summary suits can be instituted in Courts of Small Causes, City Civil Courts, High Courts, and any court notified by the High Court. The High Courts have the power to restrict, enlarge or vary the categories of suits brought under this order.

Which order or section relates to summary suit ?

The Provisions of Order XXXVII of CPC deals with summary suits.

Order XXXVII Rule 1 Sub-rule 2 provides classes of suits where it can be instituted.

• Bills Of Exchange

• Hundies

• Promissory Notes

• Suit Where The Plaintiff Seeks Only To Recover A Debt

What are the major differences between a summary suit and ordinary suit?

The main differences between a summary suit and an ordinary suit are: Nature of Claim: A summary suit can only be filed for claims that are based on a negotiable instrument or an agreement that provides for the payment of a debt or a liquidated demand in money. On the other hand, an ordinary suit can be filed for any civil claim, whether it is based on a contract, tort, or any other cause of action.

Procedure: The procedure for a summary suit is more streamlined and expedited compared to an ordinary suit. In a summary suit, the court may proceed to a judgment without requiring a full trial, as long as the defendant does not dispute the claim or raise any other objections. In an ordinary suit, the court typically follows a more elaborate and time-consuming procedure that involves a full trial with witness examination, document production, and cross-examination.

Timeframe: Because the procedure for a summary suit is more simplified and expedited, it generally takes less time to resolve a summary suit compared to an ordinary suit. This can be beneficial for parties who are looking for a faster resolution of their dispute.

Evidence: In a summary suit, the court relies primarily on the written evidence submitted by the parties, such as the negotiable instrument or agreement in question. In an ordinary suit, the court may consider a wider range of evidence, including witness testimony and expert reports.

What is the limitation period to file a summary suit?

The limitation period to file a summary suit in India is governed by the Indian Limitation Act, 1963. As per the Act, the limitation period for filing a summary suit is three years from the date on which the cause of action arose.

What Decree may be expected in Summary Suits?

The plaintiff is designated to a decree of a sum not surpassing the amount mentioned in the plaint including interest and cost under the following conditions:

Such can be expected in case the defendant does not present himself before the court or does not make an application for leave to defend or challenge the amount so claimed or in case where the defendant has made an application for leave to defend but the same has been dismissed by the court.