summary suit

Order XXXVII of the CPC provides a summary procedure for suits on bills of exchange, hundis and promissory notes, and for suits to recover a debt or liquidated sum arising on a written contract, an enactment, or a guarantee. The defendant cannot defend as of right: he must enter appearance and apply for leave to defend within the time fixed. If leave is refused, the plaintiff is entitled to a decree at once.

Leave is refused where the defence is frivolous or vexatious, and may be granted on conditions (such as deposit) where the defence is plausible but doubtful. The procedure applies only in the courts and classes of suits notified under Order XXXVII Rule 1.

Example

Since the claim was on a dishonoured promissory note, the bank filed a summary suit under Order XXXVII and the defendant had to seek leave to defend.

In Indian law

• Order XXXVII, Code of Civil Procedure, 1908 (summary procedure)

See also

suit · promissory note · negotiable instrument

Read more in the study notes

• Negotiable instruments: meaning, characteristics, promissory note, bill of exchange and cheque (Banking Law)
• Juvenile Justice Act: procedure for children in conflict with law (Bharatiya Nagarik Suraksha Sanhita)
• Res sub judice: stay of suit (section 10) (Civil Procedure Code and Limitation Act)
• Institution of suits and service of summons (sections 26 to 31, Orders IV and V) (Civil Procedure Code and Limitation Act)
• Interim orders: commissions, arrest and attachment before judgment, temporary injunctions and receivers (Civil Procedure Code and Limitation Act)
• Appeals: first appeals, second appeals, appeals from orders and appeals to the Supreme Court (Civil Procedure Code and Limitation Act)