What is a summary suit?

Summary suit is a legal procedure used for enforcing a right that takes effect faster and more efficiently than ordinary methods. Its object is to summarise the procedure of suits in case the defendant is not having any defence. A summary suit can be instituted in High Courts, City Civil Courts, Courts of Small Causes and any other court notified by the High Court. High Courts can restrict, enlarge or vary the categories of suits to be brought under this order.

A summary suit is instituted by presenting a plaint in an appropriate civil court. Summary procedure is applicable to recover a debt or liquidated demand in money arising on a written contract, an enactment or on a guarantee. Under summary procedures, the defendant has to get the leave to defend from the court. A burden is placed upon the defendant to disclose the facts sufficient to entitle him to defend in the application for leave to defend.

 


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