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

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