Synopsis

Summary Proceedings

Introduction:-

Summary suit or summary procedure is given in order XXXVII of the Code of Civil
Procedure, 1908. Summary procedure is a legal procedure used for enforcing a right that
takes effect faster and more efficiently than ordinary methods. Its object is to summarise the
procedure of suits in case the defendant is not having any defence.

A summary suit can be instituted in High Courts, City Civil Courts, Courts of Small Causes
and any other court notified by the High Court. High Courts can restrict, enlarge or vary the
categories of suits to be brought under this order.

Statement of problem:-

 How these suits are instituted?

 What are the procedures after institution of summary suits?
 Can a summary suit be tried after the institution of an ordinary suit on the same cause
of action?
 When a leave to defend is granted?
 How summary suits are different from ordinary suits

Area of Investigation:-

This project tends to analyze how these summary suits are instituted and when the decree is
passed in these suits. It also throws light upon the classes on which summary suits can be
filled i.e. bill of exchange, hundies and promissory note. Further the project give a broad idea
of what is to be written in the contents of plaint for summary proceedings.

Research Methodology:-

Simple methods of research will be employed which includes doctrinal, descriptive,

analytical research, as well as data collected from books, journals, articles, news, e-
magazines, and the reports published on the internet.

Suggested:-

The summary procedure prevents unreasonable obstructions by the defendant who has
no defence. It assists expeditious disposal of cases. Unless the defendant is able to
demonstrate that he has a substantial defence in his case, the plaintiff is entitled to a
judgment forthwith. In the event of ex parte decree in summary suit, the defendant is
required to show more strict and stringent causes. This ensures that ex parte decree is
not set aside in an ordinary manner.
The summary procedure is generally resorted to in a class of cases where speedy
decisions are desirable in the interest of commercial transactions. Summary suits are
easier to establish for the plaintiff and tougher for the defendant to defend than ordinary
suits. By and large, the summary procedure ensures that the defendant does not prolong
the litigation and prevent the plaintiff from obtaining a decree by raising untenable and
frivolous defences.