1. Introduction
A summary suit is a special type of civil suit provided under Order XXXVII of the Code of Civil Procedure, 1908 (CPC). The main purpose of this procedure is to provide a speedy remedy in cases where the defendant does not have a substantial defence. In ordinary civil suits, the defendant has the right to defend the suit freely, which may lead to delays. However, in a summary suit the defendant cannot defend the case unless he obtains permission (leave to defend) from the court. This special procedure prevents unnecessary delay and ensures quick disposal of cases involving clear monetary claims or commercial transactions.
2. Object of Summary Suits
The primary object of Order 37 CPC is to prevent unreasonable obstruction by defendants who have no genuine defence and to ensure quick and efficient disposal of suits. It is particularly useful in cases where the liability of the defendant is clear and based on written documents or negotiable instruments. By restricting the right of the defendant to defend the suit without permission, the law ensures that frivolous and dishonest defences do not delay justice.
3. Jurisdiction and Competent Courts
Summary suits can be filed only in courts that are empowered to try such suits. According to Order 37 CPC, the following courts have jurisdiction to try summary suits:
- High Courts of India
- City Civil Courts
- Courts of Small Causes
- Other courts specially notified by the High Court
The jurisdiction of these courts is determined based on territorial jurisdiction, pecuniary jurisdiction, and subject-matter jurisdiction. The suit must be filed in a court that has authority over the location where the cause of action arose or where the defendant resides or carries on business.
4. Cases in which Summary Suits can be Filed
Order XXXVII CPC applies only to specific types of suits. Summary suits can be filed in the following situations:
(a) Suits based on Negotiable Instruments
A summary suit may be filed when the claim arises from negotiable instruments such as:
- Bills of exchange
- Hundies
- Promissory notes
These instruments generally involve clear financial liability, making them suitable for quick adjudication.
(b) Suits for Recovery of Debt or Liquidated Amount
Summary suits may also be filed for recovery of a debt or liquidated demand in money arising from:
- Written Contracts – When the claim is based on a written agreement between the parties.
- Statutory Liability – When the claim arises under an enactment and the amount to be recovered is a fixed sum of money (excluding penalties).
- Guarantee Agreements – When the defendant is a guarantor and the claim is related to a debt owed by the principal debtor.
Thus, summary suits are mainly used in commercial and financial disputes where the amount due is certain and clearly established.
5. Procedure of Summary Suits
The procedure for summary suits under Order 37 CPC is different from ordinary civil suits and is designed to ensure speedy disposal.
(i) Filing of the Suit
The plaintiff files the suit before a competent court stating that the suit is filed under Order XXXVII CPC. The plaint must clearly mention the cause of action and the amount claimed.
(ii) Issue of Summons
After the suit is filed, the court issues summons to the defendant requiring him to enter an appearance within a specified period.
(iii) Appearance by the Defendant
The defendant must enter appearance within ten days from the date of service of summons. If the defendant fails to appear within the prescribed time, the plaintiff becomes entitled to obtain a decree immediately.
(iv) Summons for Judgment
Once the defendant enters appearance, the plaintiff serves a summons for judgment upon the defendant.
(v) Application for Leave to Defend
The defendant cannot defend the suit automatically. He must apply for leave to defend within ten days from the date of service of summons for judgment. The application must be supported by an affidavit disclosing facts showing a substantial defence.
(vi) Grant of Leave to Defend
The court may grant leave to defend in two ways:
- Unconditional Leave – When the defendant shows a genuine and substantial defence.
- Conditional Leave – When the court imposes conditions such as depositing part of the claimed amount.
If the defendant admits that part of the claim is due, the court may require him to deposit the admitted amount in court before granting leave.
(vii) Decree
If the defendant fails to apply for leave to defend or if the court refuses such leave, the plaintiff is entitled to a decree forthwith. The decree may then be executed according to the provisions of the CPC.
6. Test for Granting Leave to Defend
The court grants leave to defend only when the defendant raises a real, bona fide and substantial defence. The defence must disclose a triable issue that requires proper adjudication. If the defence appears frivolous or vexatious, the court may refuse leave and pass a decree in favour of the plaintiff.
7. Landmark Case Laws
Precision Steel & Engineering Works v. Prem Deva Niranjan Deva Tayal
In Precision Steel & Engineering Works v. Prem Deva Niranjan Deva Tayal, the Supreme Court of India held that the term “substantial defence” means a defence that raises a genuine dispute supported by clear facts and circumstances. The defendant cannot obtain leave to defend merely by making vague or unsupported allegations.
Southern Sales & Services v. Sauermilch Design & Handels GMBH
In Southern Sales & Services v. Sauermilch Design & Handels GMBH, the court held that when the defendant admits a part of the claim, leave to defend should not be granted unless the admitted amount is deposited in court.
Neebha Kapoor v. Jayantilal Khandwala
In Neebha Kapoor v. Jayantilal Khandwala, the Supreme Court of India observed that the purpose of Order 37 CPC is to ensure speedy disposal of commercial disputes where the liability is clear and based on written documents.
8. Conclusion
Summary suits under Order XXXVII of the Code of Civil Procedure, 1908 provide an effective mechanism for the quick recovery of debts and liquidated amounts. The procedure restricts the defendant’s right to defend unless he obtains permission from the court, thereby preventing unnecessary delay in litigation. At the same time, the courts ensure fairness by granting leave to defend whenever a genuine and bona fide dispute exists. Thus, Order 37 CPC strikes a balance between speedy justice and protection of the rights of the parties.