Summary proceedingS- An Overview

The following presentation tends to explain the concept of Summary proceedings under the Civil Procedure Code in India.It elaborates on the suits to which this order applies and the procedure to be followed therein.

1. Summary Proceedings under Order 37 of Civil Procedure Code, 1908- AN OVERVIEW Order 37 Rule 1 to 7 of the civil procedure code,1908 deals with the concept of summary proceedings. The object underlying summary procedure is to prevent unreasonable obstruction by a defendant who has no defence *. *[ shriniwas gupta , the key to Indian practice-10 th ed. 2012]

2. COURTS AND CLASSES OF SUITS TO WHICH THIS ORDER APPLIES- [Order 37 rule 1]- This order applies to- High Courts, City Civil Courts and Courts of Small Causes and Other courts 2. The High Court may restrict, enlarge or vary the categories of suits to be brought under this Order s it thinks fit . 3. Summary suit is filed in a court having pecuniary jurisdiction upon the subject matter.

3. Summary procedure applies to following kinds of suits [o37 r1]:- Suits upon Negotiable Instruments - bills of Exchanges, hundies or promissory notes. Suits for recovery of debtor liquidated amount arising out of- a written contract i n case of an enactment wherein the amount to be recovered is a fixed amount of money , or a debt other than a penalty a guarantee, where the claim against the principal is in respect of a debt or for money only.

4. Institution of summary proceedings [o37 r2] A summary suit is instituted by presenting a plaint in the court by the plaintiff containing the following specification; It must mention that the suit is filed under summary procedure It must state that no relief, which does not fall within the ambit of this rule, has been claimed . Then the summons of the suit are to be issued to the defendant, which should be in prescribed from no. 4, accompanied with a copy of plaint and Annexures.            

5. 3. When the defendant appears, he is required to enter his appearance within 10 days of receipt of summons. 4. On default of his appearance it is assumed that he has admitted the allegations made in the plaint. 5. The plaintiff gets entitled to a final order granting him the sum as mentioned in the plaint along with interest at the specified date and costs if the Court thinks it appropriate. .

6. Procedure for appearance of defendant [o37 r3] Where the defendant enters an appearance within the prescribed time, the plaintiff is required to serve on him the summons for judgement in Form no. "4A) accompanied with- an affidavit verifying the cause of action and the amount which is claimed in the plaint a statement to the effect that there is no defence to the suit . Then, the defendant may apply for leave to defend the suit within 10 days from the date of service of summons, disclosing by way of an affidavit facts which may entitle him of the right to defend himself. The Court shall not refuse permission to the defendant to defend the suit unless it believes that the disclosure by the defendant does not show that he has any substantial defence to raise or that it is frivolous

7. Power to set aisde decree-[o37 r4] The Court has the power to set aside the decree or grant stay or set aside execution or to grant any leave to the defendant to appear to the summons and to defend the suit, if it seems reasonable to the Court. Case- Goyal MG Gases Ltd. v Premium International Finance Ltd. II (2007) BC (Del.) “ Sufficient cause was shown by the defendant fro delay. Thee was a summary trial of the case. Service of the summons was not accompanied with the copy of plaint and documents. The Court condoned the delay in filing the Memo of Appearance by the defendants.”

8. POWER TO ORDER THE NEGOTIABLE INSTRUMENT TO BE DEPOSITED WITH COURT- [Order 37 Rule 5 ] The Court may order the negotiable instrument in dispute to be deposited with the officer of the Court. The Court may also require the plaintiff or defendant to deposit some security by way of costs to ensure the bonafide of the plaintiff or defendant. PROCEDURE IN SUITS-[ORDER 37 RULE 7] The procedure of ordinary Civil Suit is applicable to the summary proceedings also.