Procedure to file Civil Summary Suit in the Court
In Indian courts, a Summary Suit is a quicker legal process used to settle commercial disputes involving a monetary claim. This procedure is available under Order XXXVII of the Civil Procedure Code (CPC). Here’s a general procedure for filing a Civil Summary Suit:
- Drafting the Plaint: The plaintiff (claimant) needs to prepare a plaint outlining the facts of the case, details of the claim, and supporting documents. The plaint should comply with the requirements specified under Order XXXVII of the CPC.
- Verification of Plaint: The plaint needs to be verified by the plaintiff or someone who is well-acquainted with the facts of the case. This verification is usually done by signing a statement in the plaint that confirms its truthfulness.
- Filing the Plaint: The plaintiff files the verified plaint in the appropriate court having jurisdiction over the matter. Along with the plaint, the plaintiff needs to file an affidavit verifying the cause of action and the amount claimed.
- Exhibit List: An exhibit list mentioning the documents relied upon by the plaintiff in support of the claim should be submitted along with the plaint.
- Court Fees: Payment of the court fees as per the Schedule under the Court Fees Act is required at the time of filing the plaint.
- Summons and Notice: After the plaint is filed, the court examines it to ascertain whether it meets the criteria for a summary suit. If accepted, the court issues summons to the defendant along with a copy of the plaint, requiring the defendant to appear before the court on a specified date.
- Appearance by Defendant: The defendant needs to appear in court on the given date. If the defendant fails to appear without a reasonable cause, the court may proceed ex parte (in the absence of the defendant) and pass a judgment.
- Defence: If the defendant appears, they are required to file a written statement of defence within the stipulated time. If no defence is raised, the court may proceed to pass a decree based on the plaintiff’s claim.
- Evidence and Arguments: The court may allow both parties to present evidence, documents, and arguments in support of their claims or defenses.
- Judgment and Decree: After considering the evidence and arguments, the court will pass a judgment, either in favor of the plaintiff or the defendant. If the judgment favors the plaintiff, a decree for payment of the claimed amount may be passed against the defendant.
Please note that this is a general overview, and the specific procedures may vary based on the court’s rules, the nature of the claim, and other legal considerations. Consulting with a qualified lawyer who specializes in civil litigation in India is advisable for accurate guidance and representation.
