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Summary Suit (Order XXXVII CPC)

Civil Procedure & Litigation Mechanics

Definition

An expedited procedural mechanism applicable to suits based on bills of exchange, hundis, promissory notes, or written contracts for recovery of an ascertained debt, where the defendant has no right to defend unless they obtain formal "leave to defend" from the court.

Example

A supplier files a suit under Order XXXVII CPC before the High Court of Bombay to recover ₹50 lakh based on an accepted and dishonored bill of exchange; if the buyer fails to apply for leave to defend within 10 days of service of summons for judgment, the allegations in the plaint are deemed admitted and a decree follows.