What is Summary Procedure under Order XXXVII of Code of Civil Procedure 1908?
Order XXXVII of the Code of Civil Procedure 1908 provides for a specific type of summary procedure known as the “Summary Judgment Procedure”. This procedure is available for cases where the plaintiff is seeking to recover a debt from the defendant, and the debt arises out of a written contract, including bills of exchange, hundis, and promissory notes.
The key features of the Summary Procedure under Order XXXVII of the CPC are as follows:
- Applicability: The Summary Judgment Procedure is applicable to cases involving a claim for a debt or liquidated demand, which arises out of a written contract.
- Procedure: Under the Summary Judgment Procedure, the plaintiff is required to file a summary suit, supported by an affidavit verifying the claim. The defendant is then given an opportunity to show cause as to why the judgment should not be passed against them.
- Timeframe: The court is required to dispose of the matter in a speedy manner.
- Evidence: The court may require the parties to produce documents in support of their claims. However, no oral evidence is permitted, except in exceptional circumstances.
- Judgment: If the court is satisfied that the claim of the plaintiff is in order, it may pass a summary judgment against the defendant.
- Appeal: The defendant has the right to appeal against the summary judgment, and the appeal will be heard by a regular court.
The Summary Procedure under Order XXXVII of the CPC is similar to the Summary Judgment Procedure under Order 37 of the CPC, with some minor differences. The main difference is that under Order XXXVII, the plaintiff is required to file a summary suit, whereas under Order 37, the plaintiff is required to file a summary application.
Overall, the Summary Procedure under Order XXXVII of the CPC provides a streamlined legal process that is intended to expedite the resolution of disputes involving debts arising out of written contracts. The procedure is designed to be cost-effective and efficient, while still ensuring that the parties are given a fair hearing.
Advantages of Summary Procedure under Order XXXVII of Code of Civil Procedure 1908
The Summary Procedure under Order XXXVII of the Code of Civil Procedure 1908 provides several advantages, including:
- Speedy Resolution: The Summary Procedure under Order XXXVII is designed to provide a speedy resolution of disputes. The court is required to dispose of the matter within 60 days from the date of service of summons on the defendant. This is much faster than the regular civil procedure, which can take several years to resolve.
- Cost-effective: The Summary Procedure under Order XXXVII is a cost-effective legal process. Since no oral evidence is allowed, the parties do not need to hire as many lawyers or expert witnesses. This can significantly reduce the cost of litigation.
- Simple Process: The Summary Procedure under Order XXXVII is a simple legal process that is easy to understand. The parties are not required to file complex pleadings, and there is no requirement to frame issues. This makes it easier for parties to represent themselves in court.
- Certainty: The Summary Procedure under Order XXXVII provides a level of certainty to the parties. If the court passes a summary judgment against the defendant, the plaintiff can be assured that they will recover their debt. This can be helpful for businesses that need to plan their cash flow.
- Lesser burden on courts: The Summary Procedure under Order XXXVII is a useful mechanism for reducing the burden on the court system. Since the process is simpler and faster than the regular civil procedure, the court can dispose of cases quickly and efficiently. This can help to reduce the backlog of cases pending in the court system.
In summary, the Summary Procedure under Order XXXVII of the CPC provides several advantages, including speedy resolution, cost-effectiveness, simplicity, certainty, and a lesser burden on the courts. These advantages make it an attractive option for parties seeking to recover debts arising out of written contracts.
Advocate J.S. Rohilla
Cell: 88271 22304
