Suit for Recovery under Order XXXVII of CPC (Summary Suit)
Order/Section:
Order XXXVII of the Civil Procedure Code (CPC) governs Summary Suits. It is a procedure for quickly recovering debts or liquidated sums due under negotiable instruments (such as promissory notes, bills of exchange, or cheques), as well as other written contracts. Summary suits expedite the legal process compared to regular civil suits, making them ideal for cases where the claim is clear and uncontested.
Key Provisions under Order XXXVII CPC:
Order XXXVII, Rule 1:
This rule specifies the types of suits that are maintainable under a summary procedure (i.e., suits for recovery of money arising from negotiable instruments, contracts, and other liquidated sums).Order XXXVII, Rule 2:
Outlines the procedure for filing a summary suit, including the issuance of a summons and the time for filing a written statement.Order XXXVII, Rule 3:
Deals with the issue of leave to defend the suit. If the defendant has a valid defense, they can request leave from the court to defend the suit.Order XXXVII, Rule 4:
Provides for a summary judgment if no defense is raised or if the defense raised is frivolous.
Case Laws:
M/s. D.D. Sharma vs. S.K. Gupta (2009):
This case is a landmark decision that deals with the procedure under Order XXXVII. The court elaborated on the requirements of a summary suit and its distinct nature compared to a regular civil suit. In this case, the court held that the procedure under Order XXXVII is designed to quickly recover debts when the claim is based on clear, liquidated sums, such as those arising from negotiable instruments or written contracts. The suit must be filed with a clear, direct claim of money due, without any ambiguity.Key Takeaway: