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![Procedure in SUMMARY suits-
Plaint is filed by the plaintiff
Summons issued to the defendant to enter an appearance ( Summon must contain the amount of
money which claimed in the suit and copy of plaint ) [ Form 4 of App. B of first schedule of
CPC,1908]
Defendant has to appear within 10 days from service of that summon
If defendant does not appear the plaint shall be deemed to be admitted and plaintiff shall be entitled to
the decree of any sum not exceeding the sum mentioned in the summon
If defendant appears within 10 days then he shall give notice of his appearance to the pleader of plaintiff or
to the plaintiff and also shall file in court an address for service of notices on him
After getting notice of appearance from the defendant, plaintiff serves him summon for judgment [
Form 4A of App. B of first schedule of CPC,1908]
The defendant must apply for leave to defend within 10 days from the date of service of summons
upon him and such leave will be granted only if the affidavit filed by the defendant discloses such
facts as may be deemed sufficient by the court to entitle him to defend.](https://image.slidesharecdn.com/11-200515064029/75/O-XXXVII-OF-CPC-1908-SUMMARY-PROCEDURE-3-2048.jpg)
![Courts to which the Order is to apply [ Rule 1]
SUB RULE (1)
This Order shall apply to the following Court, namely-
(a) High Courts, City Civil Courts and Courts of Small Causes; and
(b) other Courts;
Provided that in respect of the Courts referred to in clause (b), the High Court may, by notification in the
Official Gazette, Restrict the operation of this Order only to such categories of suits as it deems
proper, and may also, from time to time, as the circumstances of the case may require, by subsequent
notification in the Official Gazette, further restrict, enlarge or vary, the categories of suits to be brought
under the operation of this Order as it deems proper.](https://image.slidesharecdn.com/11-200515064029/75/O-XXXVII-OF-CPC-1908-SUMMARY-PROCEDURE-4-2048.jpg)
![Mr. V.Umapathy vs Mrs. Santha Sivagnanam on 22
February, 2013 [MADRAS HC]
by introducing the proviso clause, the High Court has been empowered to issue a
notification by means of an Official Gazette. Even the power of the High Court is
only to the limited extent of restricting the categories of suits to be tried summarily.
Even the High Court has not been empowered as per the amended provisions to
completely take away or oust the jurisdiction of any Courts to try suits summarily
under Order XXXVII CPC.](https://image.slidesharecdn.com/11-200515064029/75/O-XXXVII-OF-CPC-1908-SUMMARY-PROCEDURE-5-2048.jpg)
![How a summary suit is instituted ? [Rule 2]
SUB RULE (1)
(1) A suit, to which this Order applies, may if the plaintiff desires to proceed hereunder, be instituted by
presenting a plaint which shall contain,—
(a) a specific averment to the effect that the suit is filed under this Order;
(b) that no relief, which does not fall within the ambit of this rule, has been claimed in the plaint;
(c) the following inscription, immediately below the number of the suit in the title of the suit,
namely:— "(Under Order XXXVII of the Code of Civil Procedure, 1908)."
SUB RULE (2)
(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.](https://image.slidesharecdn.com/11-200515064029/75/O-XXXVII-OF-CPC-1908-SUMMARY-PROCEDURE-7-2048.jpg)
![RULE [2] SUB RULE (3)
The defendant shall not defend the suit referred to in sub-rule (1)
unless he enters an appearance and
in default of his entering an appearance the allegations in the plaint shall be
to be admitted and
the plaintiff shall entitled to a decree for any sum,
not exceeding the sum mentioned in the summons, together with interest at the
specified, if any, up to the date of the decree and such sum for costs as may be
determined by the High Court from time to time by rules made in that behalf and
such decree may be executed forthwith.](https://image.slidesharecdn.com/11-200515064029/75/O-XXXVII-OF-CPC-1908-SUMMARY-PROCEDURE-8-2048.jpg)
![Procedure for the appearance of defendant [Rule 3]
RULE [3] SUB RULE (1)
In a suit to which this Order applies, the plaintiff shall,
together with the summons under rule 2, serve on the defendant a copy of the plaint and
annexures thereto and
the defendant may, at any time within ten days of such service,
enter an appearance either in person or by pleader and, in either case,
he shall file in Court an address for service of notices on him.
RULE [3] SUB RULE (2)
Unless otherwise order, all summonses, notices and other judicial processes, required to be served
on the defendant, shall deemed to have been duly served on him if they are left at the address
given by him for such service.](https://image.slidesharecdn.com/11-200515064029/75/O-XXXVII-OF-CPC-1908-SUMMARY-PROCEDURE-9-2048.jpg)
![How to enter on defense in such a suit ?
RULE [3] SUB RULE (3)
On the day of entering the appearance, notice of such appearance shall be given
by the defendant to the plaintiff's pleader, or,
if the plaintiff sues in person, to the plaintiff himself,
either by notice delivered at or sent by pre-said letter directed to the address of
the plaintiff's pleader or of the plaintiff, as the case may be.](https://image.slidesharecdn.com/11-200515064029/75/O-XXXVII-OF-CPC-1908-SUMMARY-PROCEDURE-10-2048.jpg)
![What plaintiff does after defendant enters ?
RULE [3] SUB RULE (4)
If the defendant enters an appearance,
the plaintiff shall thereafter serve on the defendant a summons for judgment in
Form No. 4A in Appendix B
for such other Form as may be prescribed from time to time, returnable not less
than ten days from the date of service supported by an affidavit verifying the
cause of action and the amount claimed and stating that in his belief there is no
defense to the suit.](https://image.slidesharecdn.com/11-200515064029/75/O-XXXVII-OF-CPC-1908-SUMMARY-PROCEDURE-11-2048.jpg)
![How to defend in such a suit ?
RULE [3] SUB RULE (5)
The defendant may, at any time within ten days from service of such summons for judgment, by
affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend,
apply on such summons for leave to defend such suit, and leave to defend may be granted to him
unconditionally or upon such terms as may appear to the Court or Judge to be just:
Provided that leave to defend shall not be refused unless the Court is satisfied that the facts disclosed by
the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be
put up by the defendant is frivolous or vexatious:
Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant to
be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due is
deposited by the defendant in Court.](https://image.slidesharecdn.com/11-200515064029/75/O-XXXVII-OF-CPC-1908-SUMMARY-PROCEDURE-12-2048.jpg)
![M/S. Uma Shankar Kamal Narain & Anr v. M/S. M.D. Overseas Ltd
2007 [ SC]
(a) If the defendant satisfied the Court that he has a good defence to the claim on merits, the
defendant is entitled to unconditional leave to defend.
(b) If the defendant raises a triable issue indicating that he has a fair or bona fide or reasonable
defence, although not a possibly good defence, the defendant is entitled to unconditional leave to
defend.
(c) If the defendant discloses such facts as may be deemed sufficient to entitle him to defend, that is,
if the affidavit discloses that at the trial he may be able to establish a defence to the plaintiff's claim,
the Court may impose conditions at the time of granting leave to defend the conditions being as to
time of trial or made of trial but not as to payment into Court or furnishing security.
(d) If the defendant has no defence, or if the defence is sham or illusory or practically moonshine, the
defendant is not entitled to leave defend.
(e) If the defendant has no defence or the defence is illusory or sham or practically moonshine, the
Court may show mercy to the defendant by enabling him to try to prove a defence but at the same
time protect the plaintiff imposing the condition that the amount claimed should be paid into Court
or otherwise secured.](https://image.slidesharecdn.com/11-200515064029/75/O-XXXVII-OF-CPC-1908-SUMMARY-PROCEDURE-13-2048.jpg)
![What happens upon hearing ?
RULE [3] SUB RULE (6)
At the hearing of such summons for judgment,—
(a) if the defendant has not applied for leave to defend, or if such application has been made
and is refused, the plaintiff shall be entitled to judgment forthwith; or
(b) if the defendant is permitted to defend as to the whole or any part of the claim, the Court or
Judge may direct him to give such security and within such time as may be fixed by the Court or
Judge and that, on failure to give such security with the time specified by the Court or Judge or
to carry out such other directions as may have been given by the Court or judge, the plaintiff
shall be entitled to judgment forthwith.](https://image.slidesharecdn.com/11-200515064029/75/O-XXXVII-OF-CPC-1908-SUMMARY-PROCEDURE-14-2048.jpg)
![Condonation of delay to defend
RULE [3] SUB RULE (7)
The Court or Judge may,
for sufficient cause shown by the defendant,
excuse the delay of the defendant in entering an appearance or in applying for leave to defend the
suit.](https://image.slidesharecdn.com/11-200515064029/75/O-XXXVII-OF-CPC-1908-SUMMARY-PROCEDURE-15-2048.jpg)
![Power to set aside decree [Rule 4]
After decree for the Court may,
under special circumstances set aside the decree, and
if necessary stay or set aside execution, and
may give leave to the defendant to appear to the summons and
to defend the suit,
if it seems reasonable to the Court so to do, and on such terms as the Court
thinks fit.](https://image.slidesharecdn.com/11-200515064029/75/O-XXXVII-OF-CPC-1908-SUMMARY-PROCEDURE-16-2048.jpg)
![Power to order bill, etc., to be deposited
with officer of Court [Rule 5]
In any proceeding under this Order
the Court may order the bill, hundi or note on which the suit is founded
to be forthwith deposited with an officer of the Court, and
may further order that all proceedings shall be stayed until the plaintiff gives
security for the costs thereof.](https://image.slidesharecdn.com/11-200515064029/75/O-XXXVII-OF-CPC-1908-SUMMARY-PROCEDURE-17-2048.jpg)
![Recovery of cost of noting non-acceptance of
dishonored bill or note [ Rule 6]
The holder of every dishonoured bill of exchange or promissory note
shall have the same remedies for the recovery of the expenses incurred in noting
the same for non-acceptance or non-payment otherwise, by reason of such
dishonour,
as he has under this Order for the recovery of the amount of such bill or note.](https://image.slidesharecdn.com/11-200515064029/75/O-XXXVII-OF-CPC-1908-SUMMARY-PROCEDURE-18-2048.jpg)
![Procedure in suits [ Rule 7]
Save as provided by this Order,
the procedure in suits hereunder shall be the same
as the procedure in suits instituted in the ordinary manner.](https://image.slidesharecdn.com/11-200515064029/75/O-XXXVII-OF-CPC-1908-SUMMARY-PROCEDURE-19-2048.jpg)
Uploaded byAMITY UNIVERSITY RAJASTHAN
O. XXXVII OF CPC,1908 [SUMMARY PROCEDURE]
The document summarizes the key aspects of summary procedure under Order XXXVII of the Code of Civil Procedure, 1908 in India. It explains that (1) summary procedure allows for expedited adjudication of money disputes, (2) it applies to courts designated by the High Court and certain classes of suits related to bills, notes, contracts and guarantees, and (3) it provides a streamlined process where the plaintiff can obtain a quick decree if the defendant does not respond in time or is not granted leave to defend by the court.
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O. XXXVII OF CPC,1908 [SUMMARY PROCEDURE]
- 1. SUMMARY PROCEDURE O. XXXVII Codeof Civil Procedure,1908 BY- ALISHA VERMA ASSISTANT PROFESSOR LAW MANIPAL UNIVERSITY JAIPUR
- 2. Why such kindof procedure is there? Earlier this procedure was only followed for Negotiable Instruments. The object behind is to prevent unreasonable obstruction by the defendant who has no defense and to assist expeditious disposal of cases. Trading and commercial operation will be seriously impeded if money dispute between the parties are not adjudicated upon immediately. The provision was kept to ensure that the defendant does not unnecessarily prolong the litigation and prevent the plaintiff from obtaining a decree by raising untenable and frivolous defences in a class of cases where speedy decisions are desirable in the interest of commercial transaction. After 1976 amendment other matters were also included which are stated in SUB RULE (2) of RULE 1.
- 3. Procedure in SUMMARYsuits- Plaint is filed by the plaintiff Summons issued to the defendant to enter an appearance ( Summon must contain the amount of money which claimed in the suit and copy of plaint ) [ Form 4 of App. B of first schedule of CPC,1908] Defendant has to appear within 10 days from service of that summon If defendant does not appear the plaint shall be deemed to be admitted and plaintiff shall be entitled to the decree of any sum not exceeding the sum mentioned in the summon If defendant appears within 10 days then he shall give notice of his appearance to the pleader of plaintiff or to the plaintiff and also shall file in court an address for service of notices on him After getting notice of appearance from the defendant, plaintiff serves him summon for judgment [ Form 4A of App. B of first schedule of CPC,1908] The defendant must apply for leave to defend within 10 days from the date of service of summons upon him and such leave will be granted only if the affidavit filed by the defendant discloses such facts as may be deemed sufficient by the court to entitle him to defend.
- 4. Courts to whichthe Order is to apply [ Rule 1] SUB RULE (1) This Order shall apply to the following Court, namely- (a) High Courts, City Civil Courts and Courts of Small Causes; and (b) other Courts; Provided that in respect of the Courts referred to in clause (b), the High Court may, by notification in the Official Gazette, Restrict the operation of this Order only to such categories of suits as it deems proper, and may also, from time to time, as the circumstances of the case may require, by subsequent notification in the Official Gazette, further restrict, enlarge or vary, the categories of suits to be brought under the operation of this Order as it deems proper.
- 5. Mr. V.Umapathy vsMrs. Santha Sivagnanam on 22 February, 2013 [MADRAS HC] by introducing the proviso clause, the High Court has been empowered to issue a notification by means of an Official Gazette. Even the power of the High Court is only to the limited extent of restricting the categories of suits to be tried summarily. Even the High Court has not been empowered as per the amended provisions to completely take away or oust the jurisdiction of any Courts to try suits summarily under Order XXXVII CPC.
- 6. Which classes ofsuits could be tried Summarily? RULE (1) SUB RULE (2) Subject to the provisions of sub-rule (1) the Order applies to the following classes of suits, namely:— (a) suits upon bills of exchange, hundies and promissory notes; (b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising,— (i) on a written contract, or (ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or (iii) on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only.
- 7. How a summarysuit is instituted ? [Rule 2] SUB RULE (1) (1) A suit, to which this Order applies, may if the plaintiff desires to proceed hereunder, be instituted by presenting a plaint which shall contain,— (a) a specific averment to the effect that the suit is filed under this Order; (b) that no relief, which does not fall within the ambit of this rule, has been claimed in the plaint; (c) the following inscription, immediately below the number of the suit in the title of the suit, namely:— "(Under Order XXXVII of the Code of Civil Procedure, 1908)." SUB RULE (2) (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.
- 8. RULE [2] SUBRULE (3) The defendant shall not defend the suit referred to in sub-rule (1) unless he enters an appearance and in default of his entering an appearance the allegations in the plaint shall be to be admitted and the plaintiff shall entitled to a decree for any sum, not exceeding the sum mentioned in the summons, together with interest at the specified, if any, up to the date of the decree and such sum for costs as may be determined by the High Court from time to time by rules made in that behalf and such decree may be executed forthwith.
- 9. Procedure for theappearance of defendant [Rule 3] RULE [3] SUB RULE (1) In a suit to which this Order applies, the plaintiff shall, together with the summons under rule 2, serve on the defendant a copy of the plaint and annexures thereto and the defendant may, at any time within ten days of such service, enter an appearance either in person or by pleader and, in either case, he shall file in Court an address for service of notices on him. RULE [3] SUB RULE (2) Unless otherwise order, all summonses, notices and other judicial processes, required to be served on the defendant, shall deemed to have been duly served on him if they are left at the address given by him for such service.
- 10. How to enteron defense in such a suit ? RULE [3] SUB RULE (3) On the day of entering the appearance, notice of such appearance shall be given by the defendant to the plaintiff's pleader, or, if the plaintiff sues in person, to the plaintiff himself, either by notice delivered at or sent by pre-said letter directed to the address of the plaintiff's pleader or of the plaintiff, as the case may be.
- 11. What plaintiff doesafter defendant enters ? RULE [3] SUB RULE (4) If the defendant enters an appearance, the plaintiff shall thereafter serve on the defendant a summons for judgment in Form No. 4A in Appendix B for such other Form as may be prescribed from time to time, returnable not less than ten days from the date of service supported by an affidavit verifying the cause of action and the amount claimed and stating that in his belief there is no defense to the suit.
- 12. How to defendin such a suit ? RULE [3] SUB RULE (5) The defendant may, at any time within ten days from service of such summons for judgment, by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms as may appear to the Court or Judge to be just: Provided that leave to defend shall not be refused unless the Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous or vexatious: Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due is deposited by the defendant in Court.
- 13. M/S. Uma ShankarKamal Narain & Anr v. M/S. M.D. Overseas Ltd 2007 [ SC] (a) If the defendant satisfied the Court that he has a good defence to the claim on merits, the defendant is entitled to unconditional leave to defend. (b) If the defendant raises a triable issue indicating that he has a fair or bona fide or reasonable defence, although not a possibly good defence, the defendant is entitled to unconditional leave to defend. (c) If the defendant discloses such facts as may be deemed sufficient to entitle him to defend, that is, if the affidavit discloses that at the trial he may be able to establish a defence to the plaintiff's claim, the Court may impose conditions at the time of granting leave to defend the conditions being as to time of trial or made of trial but not as to payment into Court or furnishing security. (d) If the defendant has no defence, or if the defence is sham or illusory or practically moonshine, the defendant is not entitled to leave defend. (e) If the defendant has no defence or the defence is illusory or sham or practically moonshine, the Court may show mercy to the defendant by enabling him to try to prove a defence but at the same time protect the plaintiff imposing the condition that the amount claimed should be paid into Court or otherwise secured.
- 14. What happens uponhearing ? RULE [3] SUB RULE (6) At the hearing of such summons for judgment,— (a) if the defendant has not applied for leave to defend, or if such application has been made and is refused, the plaintiff shall be entitled to judgment forthwith; or (b) if the defendant is permitted to defend as to the whole or any part of the claim, the Court or Judge may direct him to give such security and within such time as may be fixed by the Court or Judge and that, on failure to give such security with the time specified by the Court or Judge or to carry out such other directions as may have been given by the Court or judge, the plaintiff shall be entitled to judgment forthwith.
- 15. Condonation of delayto defend RULE [3] SUB RULE (7) The Court or Judge may, for sufficient cause shown by the defendant, excuse the delay of the defendant in entering an appearance or in applying for leave to defend the suit.
- 16. Power to setaside decree [Rule 4] After decree for the Court may, under special circumstances set aside the decree, and if necessary stay or set aside execution, and may give leave to the defendant to appear to the summons and to defend the suit, if it seems reasonable to the Court so to do, and on such terms as the Court thinks fit.
- 17. Power to orderbill, etc., to be deposited with officer of Court [Rule 5] In any proceeding under this Order the Court may order the bill, hundi or note on which the suit is founded to be forthwith deposited with an officer of the Court, and may further order that all proceedings shall be stayed until the plaintiff gives security for the costs thereof.
- 18. Recovery of costof noting non-acceptance of dishonored bill or note [ Rule 6] The holder of every dishonoured bill of exchange or promissory note shall have the same remedies for the recovery of the expenses incurred in noting the same for non-acceptance or non-payment otherwise, by reason of such dishonour, as he has under this Order for the recovery of the amount of such bill or note.
- 19. Procedure in suits[ Rule 7] Save as provided by this Order, the procedure in suits hereunder shall be the same as the procedure in suits instituted in the ordinary manner.