Civil Procedure Code - Summary Proceedings (Order 37)

Summary proceedings are special type of proceedings.

In these proceedings, all the technicalities of procedure are not followed. This results in faster disposal of cases.

In State of Orissa V Chamanlal AIR 1965, SC 1698 court held that summary procedure are to prevent unreasonable obstruction by the defendant.

Which court can carry out summary proceedings? What issues can be decided in Summary proceedings ? Can Supreme Court carry out summary proceedings?

Here are answers:

 

Rule 2 under Order 27 talks about institution of suit. It states that few details has to be mentioned in plaint. It also states that Defendant can defend such suit only by personal appearances.

Rule 3 provides the procedure for appearance of defendant. It also states that plaintiff has to serve the notice to defendant. Once notice is served defendant has to appear in court within 10 days.

Also defendant cannot defend the suit he will take the permission of Court to defend the suit.

When defendant don't appear in court, or appear in court but don't want to defend in such case Court can pass judgment/decree in favor of plaintiff.

Here are grounds on which Defendant can defend his suit. When Defendant satisfy the court that issues are triable, he have to prove one of the 3 things. 

First, the meaning of the document on which claim is based is in dispute. Second that amount mention in claim is vague. Third, if claim is of such nature that will enable him to interrogate plaintiff or cross examine the plaintiff.

Rule 4 of the Order says that Court has power to set aside the decree passed by him, if defendant at later stage make a case for defense.

Rule 5 states about power of court to order bills of exchange, hundies or promissory notes or any bill on which claim of plaintiff relies.

Rule 6 states that any cost incurred by plaintiff because of non-acceptance of bill or dishonor of bill, such will be recovered.

Order 37 have additional provisions summary of which is as below:

Now, how these proceedings are different from regular trial.

Here is difference:

Legalfundaa

Comments

Post a Comment

Followers

Popular posts from this blog

Privileges and Immunities to Administration in Suits

Introduction You know government can enter into contracts. Government can start some business. It mean government can sue other people, or you can sue the government. Before you initiate a legal proceedings against government, or even after legal proceedings are initiated, there are some relaxations to government.( OK, we will use Government/Administration as per our discretion interchangeably in this post, but they will mean the same ). So, it might happen that to prove something you may need a document or evidence, but government may be given exemption to produce evidence in that regard. Let's take one example.  General law is that burden of proof is on prosecution. Meaning, the one who accuses other  needs to prove the crime/offence by other. But when government accuses you of Sedition, you have to prove your innocence, burden of proof is on YOU. This is scary, as many times government in power just accuses people of sedition who opposes their ideas/policies, and put oppone...
Read more

Legal History-Administration of Justice in Bombay (1668-1726)

Image
Story About Bombay In 1534, Portuguese acquired Bombay from Local Hindu Raja. Then Bombay was given to King Charles II as dowry in his sister's marriage to in 1661. In 1668 Bombay was given to rent to East India Company for a rent of 10  £ . By today's exchange it would be around 100 Rs. So  yes, Bombay was given on rent to East India Company for the price of 10 Vada-Pav. Administration of Bombay was subordinate to Surat back then. After renting it, company issued a charter in 1668 granting company some rights to make laws to deal with Bombay. Like Administration in Madras, development of Earlier administration could be studied in 3 stages. First Stage: 1670-1683 (Aungier Eara) During this period Bombay was subordinated to Surat. The Governor of Surat was ex-officio Governor of Bombay, though Bombay had Deputy Governor and Council. Gerald Aungier brought some changes in Administration of justice. Two plans, i.e plan of 1670 and plan of 1672 made progress in so...
Read more

Overview of Appeal in CrPC

Image
Introduction Here is the simplistic hierarchy of the Courts. (JMFC stands for Judicial Magistrate of First Class) Not so serious cases are tackled by Lower courts. Serious cases are tackled by Sessions court.  We humans are not Gods. Courts are presided by humans and its possible that they can make a mistake. They should be remedy to people when courts commits  mistake. One of such remedy is Appeals. Remember this one, you don't have right of Appeal in all the cases even if you feel Court had committed some mistake. Criminal Procedure Code gives a right to appeal in specific circumstance.  CrPC provides circumstance when you CANNOT appeal. Apart from CrPC, constitution also have certain provisions related to Appeal. Specific laws like NIA Act, UAPA Act etc have provided separate procedure of Appeal.   In this post we will cover below things When you CANNOT appeal ? Who can appeal and for What purpose ? Appeals to Sessions Court Appeals to High Court Appeals to Suprem...
Read more