The Code of Civil Procedure, 1908 (CPC) provides the general framework governing institution, trial, and disposal of civil suits. While the standard procedure applies to most suits, the CPC and other statutes also provide for special and expedited procedures in certain classes of cases. Based on the procedure adopted for trial, suits may be broadly classified into:

1. Ordinary Suits

Meaning:

Ordinary suits are the most common form of litigation in civil courts. They follow the standard procedural framework prescribed under the CPC, beginning with the filing of the plaint and ending with the decree.

Procedure:

• Governed by the general provisions of CPC (Order I to Order XX).
• Key stages include:
  1. Institution of suit – plaint filed (Order IV).
  2. Issue and service of summons (Order V).
  3. Appearance of parties (Order IX).
  4. Written statement by defendant (Order VIII).
  5. Framing of issues (Order XIV).
  6. Evidence and examination of witnesses (Order XVIII).
  7. Arguments by both sides.
  8. Judgment and decree (Order XX).

Examples:

• Recovery of possession of immovable property.
• Recovery of money based on breach of contract.
• Partition suits, injunction suits, declaratory suits, etc.

🔹 Essence: Ordinary suits are the rule, and all other suits are exceptions unless a special statute or order applies.

2. Summary Suits

Meaning:

Summary suits are expedited legal proceedings designed for quick disposal of cases involving specific money claims where the defendant has no substantial defence. These are governed by Order XXXVII CPC.

Purpose:

• To prevent defendants from delaying justice through frivolous defences.
• To provide speedy recovery in cases involving liquidated demands.

Scope (Order 37, Rule 1):

Applicable to:

• Suits upon bills of exchange, hundies, promissory notes.
• Suits for recovery of debt or liquidated demand arising from written contracts.
• Suits for recovery of money on guarantee or mortgage.

Special Procedure:

• Defendant cannot defend the suit as a matter of right.
• After service of summons, the defendant must seek leave to defend within 10 days (Order 37, Rule 3).
• Court grants leave only if the defence appears to be bona fide and raises a triable issue.
• If leave is refused, decree is passed forthwith in favour of the plaintiff.

Example Cases:

• A files a suit against B for dishonour of a promissory note.
• Bank sues borrower for recovery of a specific loan amount under a written contract.

🔹 Essence: Summary suits are an exception to ordinary suits, intended to ensure speedy justice in commercial and money recovery matters.

3. Special Suits

Meaning:

Special suits are those which arise under special laws or statutory provisions, and hence they follow special procedures different from ordinary civil suits. CPC provisions apply only to the extent they are consistent with the special statute.

Examples:

1. Matrimonial Suits – Governed by statutes like:
   • Hindu Marriage Act, 1955 (divorce, restitution of conjugal rights, judicial separation, annulment).
   • Special Marriage Act, 1954.
   • Indian Divorce Act, 1869 (for Christians).
2. Succession and Probate Suits – Under the Indian Succession Act, 1925, where probate or letters of administration are sought.
3. Rent Control Suits – Under state-specific Rent Control Acts, dealing with eviction, fixation of fair rent, etc.
4. Negotiable Instruments Act Cases (Summary Trials) –
   • Dishonour of cheque cases under Section 138 NI Act, 1881.
   • Although technically criminal, proceedings are often treated as quasi-civil with fast-track procedures.
5. Consumer Protection Suits – Under the Consumer Protection Act, 2019 for consumer disputes.
6. Labour and Industrial Disputes – Governed by Industrial Disputes Act, Payment of Wages Act, etc.

Distinguishing Features:

• Governed by special enactments (CPC applies only residually).
• Often involve summary or simplified procedure for quick relief.
• Jurisdiction lies with specialized courts/tribunals (e.g., Family Court, Consumer Forum, Rent Controller).

🔹 Essence: Special suits are statutorily created remedies that deviate from the normal CPC framework to address specific subject-matters.

Comparative Table:

Type of Suit	Governing Provision	Nature of Procedure	Examples
Ordinary Suits	CPC (Orders I–XX)	Standard, detailed procedure	Money recovery, property disputes, injunctions
Summary Suits	Order 37 CPC	Expedited, defence allowed only with court’s leave	Suits on promissory notes, bills of exchange
Special Suits	Special statutes (HMA, Succession Act, NI Act, Consumer Protection Act, etc.)	Special/modified procedure	Matrimonial suits, probate cases, cheque dishonour cases, rent control disputes

✅ Conclusion:

• Ordinary suits are the general rule under CPC.
• Summary suits provide a fast-track mechanism for certain money claims.
• Special suits arise under separate statutes with tailor-made procedures.

Thus, classification based on procedure ensures flexibility in civil justice delivery by balancing detailed adjudication with efficiency where speed is essential.