Short notes on Summary Suits



Another recognised method of suing is provided by Order 37.

Suits laid under Order 37 CPC are called "summary suits". The code provides that summary suit can be laid when the suit is on the basis of a bill of exchange, hundi, or pronote or when the suit is for recovery of a debt arising on a written contract or guarantee [O. 37 Rule 1].

The pleading of summary suit shall contain pleading that it is laid under Order 37 apart from containing other details of general pleading. When the court registers a suit as a summary suit, the court issues notice to the defendant to explain why the suit shall not be decreed.

The defendant shall appear before the court within ten days from the date of such notice to seek permission to defend. If the court is convinced that there is a bonafide case for the defendant, court may grant permission to defend. In such a case, the suit is tried as if it is an ordinary suit. If the defendant is not granted permission, the suit is decreed straight away following certain procedure.

The advantage of summary proceedings is to provide quick relief to the plaintiff.