Suits
How is Summary Suit Instituted
- A summary suit is instituted by presenting a plaint
in the court containing the following specification ;
- It must mention that the suit is filed under
summary procedure and below the title of the suit it should be inscribed
"Under Order XXXVII of code of Civil Procedure, 1908".
- 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.
- When the defendant appears, he is required to enter
his appearance within 10 days of receipt of summons. On default of his
appearance it is assumed that he has admitted the allegations made in the
plaint and 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. (Rule 2)
- Where the defendant enters an appearance, the
plaintiff is required to serve on him the summons for
judgment in Form no. "4A) accompanied with an affidavit verifying the cause of
action and the amount which is claimed in the plaint, and 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, such facts which he believes to be sufficient to 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.
Also, where the defendant admits
part of the amount claimed by the plaintiff, then the court shall permit the
defendant to defend only, when such admitted amount is deposited by the
defendant in the court.
- The court may also require the plaintiff or the
Defendant to deposit some security amount by way of costs, depending on
the facts, i.e. to ensure the Bonafide of
plaintiff or Defendant.
