Which provisions of CPC attracts summary suit?
Decree in summary suits In the CPC, rule 13 of order IX deals with setting aside the ex parte decree. The defendant has to satisfy the court that the summons was not duly served or he was prevented by any sufficient cause from appearing in the hearing.
What is summary trial under CPC?
Summary Trials are mentioned in Chapter XXI of the Code of Criminal Procedure,1973. In this trial, the cases are disposed of speedily as the procedure is simplified and the recording of such cases are done summarily. In this type of trial, only the offences which fall into the small/petty category are tried.
How do you defend a summary suit?
Summary Suits are suits which can be instituted upon a plaintiff seeking debt or recovery of an amount. The defendant in these suits can apply for leave to defend provided he has the required defence to prove that his stand is substantive in nature otherwise it’s the plaintiff who has a better hand on the suit.
What is the difference between ordinary suit and summary suit?
In ordinary suit, a defendant is entitled to defend the suit as a matter of right and no need to apply leave from Court to defend. In summary suit the defendant is not entitled as a matter of right to defend the suit. In a summary suit, the defendant must prove his fact within 10 Days.
What do you mean by summary suit?
Summary suit or summary procedure is provided under order XXXVII of the Code of Civil Procedure, 1908. The summary suit is a unique legal procedure used for enforcing a right in an efficacious manner as the courts pass judgement without hearing the defence.
Can summary suit be converted into regular suit?
Therefore, in the case on hand, there is no written contract between the plaintiff and the defendant and hence the suit filed under Order XXXVII of C.P.C. for summary suit is not maintainable and the suit should be converted into ordinary suit. Except that there is no other defence raised by the defendant. 28.
What are summary proceedings?
Summary proceedings are meant to adjudicate disputes, which are subject to fear of losts by passage of time, without affecting the original right, rather by only issuing a temporary order for the purpose of protecting or preserving an existing condition or right.
Who can try a case in summary way?
1. Summary trials can be held only by a District Magistrate or a Magistrate of the first class empowered in that behalf, or a Bench of Magistrates empowered under either section 260 or section 261 of the Code. Only offences specified in these sections may be tried by this procedure.
What is a summary in legal terms?
As a noun, an abridgment; brief; compendium; digest; also a short application to a court or judge, without the formality of a full proceeding. The term as used in connection with legal proceedings means a short, concise, and immediate proceeding. …
Can counter claim be filed in summary suit?
A counterclaim can be filed along with the written statement. Therefore, merely because a counter claim has been filed, would not detract or result in the suit filed, as summary suit being treated as regular suit. Even otherwise the counterclaim was not taken on record by any speaking order.
What is a recovery suit?
The civil remedy for recovery of money is by way of institution of a suit in a court of appropriate jurisdiction. The suit can be instituted under Order IV of the Code of Civil Procedure 1908 (CPC).
What is the purpose of a summary hearing?
Summary Hearing. A hearing in a lower court where all evidence is heard and a final decision is made before a Magistrate alone (without a jury).
What is a summary suit under order 37?
A summary suit under order 37 of the Code of Civil Procedure is a legal procedure used for enforcing a right that takes effect faster than ordinary suits as unlike in ordinary suits the courts do not hear the defence.
Can a summary suit be tried after an ordinary suit?
Sub-rule (7) of Order 37 provides that save as provided by that order the procedure in summary suits shall be the same as the procedure in suits instituted in an ordinary manner. [9] Can a summary suit be tried after the institution of an ordinary suit on the same cause of action?
How to file a summary suit in California?
(iii) on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only. 2. Institution of summary Suits. (Under Order XXXVII of the Code of Civil Procedure, 1908)”. (2) The summons of the suit shall be in form No. 4 in Appendix B or in such other Form as may , from time to time, be prescribed.
Can a defendant be condemned unheard in a summary suit?
While this prima facie would appear to be violative of the cardinal principle of natural justice, Audi Alteram Partem, nobody should be condemned unheard, this procedure is only used in cases where the defendant has no defence and is applicable to only limited subject matters.