Introduction
The Code of Civil Procedure, 1908 (CPC) is the primary legislation governing civil procedures in India. It provides for various procedures through which civil cases can be disposed of. One such procedure is the “summary procedure,” which is designed to expedite the resolution of civil disputes, particularly those involving small claims. This practice note provides an exhaustive and comprehensive overview of the summary procedures under the CPC in India.
Summary Procedure under CPC: An Overview
Summary procedures under the CPC are primarily aimed at achieving a speedy and cost-effective resolution of disputes. These procedures are provided under Order 37 of the CPC and are commonly used for cases involving recovery of money or suits on bills of exchange, promissory notes, or hundis.
Applicability
Summary procedures are applicable in the following cases:
- Suits for recovery of money based on written contracts.
- Suits on bills of exchange, promissory notes, or hundis.
Key Features
Summary procedures are characterized by the following key features:
- Expedited Process: Summary procedures are known for their speed. They are designed to dispose of cases swiftly, reducing the time and cost associated with litigation.
- Limited Pleadings: Parties are required to file concise pleadings in summary cases, which simplifies the process.
- No Oral Evidence: Generally, oral evidence is not allowed in summary procedures. The case is decided based on written documents and pleadings.
- No Adjournments: Courts are discouraged from granting unnecessary adjournments to prevent delays.
- Decree on Affidavit: The court may pass a decree solely based on the plaintiff’s affidavit if the defendant fails to appear or contest the suit.
- Execution of Decree: Once a decree is passed, the summary procedure provides for expeditious execution.
Initiating Summary Procedure
To initiate a summary procedure under the CPC, the following steps should be followed:
1. Drafting the Plaint
The plaintiff should draft a concise plaint containing the necessary details of the claim, including the basis of the claim, amount sought, and supporting documents such as the contract, bill of exchange, promissory note, or hundi.
2. Filing the Suit
The plaintiff files the suit in the appropriate court with jurisdiction over the matter. The plaint is presented for admission along with the court fees.
3. Service of Summons
After the suit is admitted, the court issues summons to the defendant, along with a copy of the plaint and an affidavit verifying the claim. The defendant is required to appear before the court within 10 days from the date of service.
4. Defendant’s Response
The defendant may respond to the summons within the prescribed 10-day period. If the defendant disputes the claim, they should file a written statement.
5. Replication
If the defendant files a written statement, the plaintiff may file a replication.
Proceedings in a Summary Suit
Once the suit is initiated, several proceedings take place:
1. Framing of Issues
If the defendant files a written statement, the court may frame specific issues based on the pleadings.
2. Evidence
In summary procedures, evidence is primarily documentary. Parties rely on the documents submitted along with their pleadings.
3. Arguments
Parties present their arguments based on the pleadings and evidence before the court.
4. Decree
If the defendant fails to appear or contest the suit, the court may pass a decree based on the plaintiff’s affidavit and pleadings. If the defendant contests the suit, the court will decide the case on its merits.
5. Execution
If a decree is passed in favor of the plaintiff, the summary procedure allows for swift execution. The court can issue a warrant of attachment or direct the defendant to deposit the decree amount.
Advantages of Summary Procedure
Summary procedures offer several advantages, including:
- Speedy Disposal: Cases are disposed of quickly, reducing the time and cost of litigation.
- Cost-Effective: Limited pleadings and absence of oral evidence reduce litigation expenses.
- Efficiency: Encourages parties to resolve disputes promptly.
- Judicial Economy: Reduces the burden on the court system by expediting the disposal of cases.
Limitations and Concerns
While summary procedures have their advantages, there are some limitations and concerns:
- Limited Scope: Applicable only to specific types of cases, limiting its utility.
- No Oral Evidence: Lack of oral evidence may lead to situations where relevant information is excluded.
- Complex Claims: May not be suitable for complex disputes that require a detailed examination of evidence.
Conclusion
Summary procedures under the CPC are a valuable tool for expeditious resolution of civil disputes. Parties involved in cases involving recovery of money or suits on bills of exchange, promissory notes, or hundis should consider utilizing this procedure to save time and resources. However, it is crucial to weigh the advantages and limitations before opting for summary procedures and consult legal counsel for guidance on the most suitable approach to their specific case.
Disclaimer: This practice note provides a comprehensive overview of summary procedures under the CPC in India. However, it is not a substitute for legal advice, and individuals or entities seeking to initiate or defend a summary suit should consult with qualified legal professionals for tailored guidance and assistance.
