Difference between Summary and Recovery Suit

Summary suit is a different procedure which provides effective relief to the plaintiff by executing legal rights in the court of law and the saame courts hold the power to grant relief without hearing defence. At first instance, it sounds good but these courts follow its own procedures and rules and in no way violate the principles of natural justice.

Whereas, ordinary suit is the civil relief granted under normal procedures of court governed by Order IV of Civil Procedure Code1908.

Procedure:

Please be clear that summary suit in no way violates the natural principle of law “audi alteram partem” and it is filed in exceptional and rare cases where defendant prima facie has no evidence.

Summary Suit is filed only in the cases where recovery of debt, liquidated demand in money payable by the defendant, a written contract or a negotiable instrument is involved.

The defendant in this suit is not allowed to defend the suit like in the ordinary suits but to defend himself he has to apply for something known as a leave to defend in order to present his case. A leave to defend is an authorization from the court to the defendant to present his case in the same way as a regular suit. 

In a Summary Suit, the claim is ascertained where there is a need for a speedier justice as the defendant has no ground for contesting the case. This claim shall be supported by documents by the plaintiff which becomes the substantial facts of the case. Usually it has been observed that the defendant lingers with the procedures and completes his ulterior motive of prolonging the case.

Evidence:

In any ordinary civil suit the defendant gets a right to defend the suit even though he may not have any reliable evidence to prove his case but just for the sake of defending the suit he keeps on delaying the procedure for years and years resulting in delayed justice. 

But in a Summary Suit it is mandatory for the defendant to prove that he has some genuine defences available to his case so that the court understands that there is no intentional delay in delivering justice. If he fails to prove the same for his case then the plaintiff is entitled to justice immediately.

Leave to defend: 

Now if the defendant is not granted the leave to defend by the court then he becomes ineligible to contest the suit and simply a decree is passed.  To obtain leave the defendant will have to sign an affidavit of such facts as it would make incumbent on the Plaintiff to prove considerations. 

If the defendant is granted the leave to defend then a Summary Suit is proceeded like an ordinary civil suit. 

The Court decides to grant leave to the defendant on the basis of various considerations. These considerations are including but not limited to, questions like whether the defendant has any substantial defence or not, whether the defendant has any reasonable defence or not or at the very least whether there exists even a slight possibility or not that the case may be decided in favour of the defendant. If the court finds any one possibility  then it grants the leave to defend immediately. 

Res Judicata is applicable in ordinary suit but not in summary suits.

Delhi High Court:

Delhi High Court was that Order XXXVII is a complete code in itself and it does not need any assistance of section-5 of limitation act, 1963 for condonation of delay. But in ordinary suits, Section 5 of limitation act, 1963 that assists for condonation of delay is required.

Lead India helps you to clear your doubts regarding suits by booking appointments for free legal advice and you can ask free legal questions regarding ongoing suits. Our experts will guide you in the best way to proceed with a summary suit or ordinary suit.