What a summary suit is
Order XXXVII of the Code of Civil Procedure provides a faster procedure for certain money claims. The defendant cannot defend as of right; they must first obtain the court's leave to defend by showing a real defence. If leave is refused, the plaintiff is entitled to a decree without a full trial.
Claims that qualify
- Suits on bills of exchange, hundis and promissory notes, including cheques
- Suits to recover a debt or liquidated sum payable under a written contract, with or without interest
- Suits under an enactment where the sum is a fixed sum of money
- Suits on a guarantee, where the claim against the principal debtor is for such a sum
How the suit moves
The plaint must state that it is filed under Order XXXVII and that no relief outside its scope is claimed. The defendant first enters appearance within ten days of service. On receiving the summons for judgment, the defendant has ten days to apply for leave to defend, with an affidavit disclosing the defence.
Leave to defend
In IDBI Trusteeship Services Ltd. v. Hubtown Ltd. (2016), the Supreme Court set out the approach. Where the defendant raises a substantial defence, unconditional leave is ordinarily given. Where the defence is plausible but doubtful, leave may be given on conditions such as depositing the amount or part of it. Where the defence is frivolous or vexatious, leave is refused. If the defendant admits part of the amount, leave is not granted unless that part is deposited.
Commercial claims
Where the claim arises from a commercial dispute of a specified value of three lakh rupees or more, it is filed before the Commercial Court, and the requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 applies unless urgent interim relief is sought.
Frequently asked questions
Is a summary suit better than a cheque bounce complaint?
They serve different purposes and can run together. A Section 138 complaint is criminal and can lead to punishment and compensation; a summary suit is civil and leads to a money decree that can be executed against assets.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
This article is general legal information, not legal advice. It does not create an advocate–client relationship. Legal provisions referred to should be verified for your specific situation and the date of the events concerned.