Complex summary suit procedures simplified
In India, a summary suit is a type of civil trial legal proceeding that is used to quickly resolve disputes involving small sums of money. The summary suit procedure in India is governed by the Code of Civil Procedure (CPC), which sets out the rules and procedures for conducting summary suits. Some key aspects of the summary suit procedure in India include:
I. The plaintiff must file a written plaint with facts and supporting documents
In a summary suit, the plaintiff must file a written complaint with the court stating the facts and relief sought. The plaintiff or authorised representative must sign the plaint and include supporting documents and evidence.
To file a plaint in a summary suit in India, the plaintiff must follow the rules and procedures set out in the Code of Civil Procedure (CPC). Some key steps involved in filing a plaint in a summary suit include:
1. Draft the plaint: The first step in filing a plaint in a summary suit is to draft the plaint (complaint), which must set out the facts of the case and the relief sought. The plaint must be written in simple, clear language, and must be signed by the plaintiff or their authorized representative.
2. File the plaint with the court: Once the plaint has been drafted, it must be filed with the court, along with any supporting documents or evidence. The plaint should be filed with the court that has jurisdiction over the parties and the subject matter of the dispute.
3. Serve the plaint on the defendant: After the plaint has been filed with the court, it must be served on the defendant (the person or entity being sued). The defendant can receive a copy of the plaint in person, by registered mail, or through an authorised process server.
II. Service of Summons to the Defendant
The plaintiff must serve a summons on the defendant to start a summary suit and notify the defendant. The defendant receives a summons from the court informing them of the lawsuit and requiring them to appear in court in person or through their lawyer at the next scheduled hearing.
The service of summons to the defendant in a summary suit is governed by the Code of Civil Procedure (CPC) in India. Some key aspects of the service of summons in a summary suit include:
1. The summons must be issued by the court: The summons in a summary suit must be issued by the court that has jurisdiction over the parties and the subject matter of the dispute. The summons will be issued along with the plaint (complaint) that the plaintiff has filed with the court.
2. Defendant must receive summons: The defendant must receive the court summons. This can be done by handing the defendant a summons, sending it by registered mail, or using a process server.
3. The summons must include the date, time, and place of the summary hearing, which is the proceeding where the court will consider the merits of the case and decide whether to award damages to the plaintiff or dismiss the case.
Summary suit summons service is crucial to starting the legal process and notifying the defendant. The plaintiff can begin summary suit and resolve the case by serving the defendant with the summons.
III. Compulsory pre-litigation mediation
The new amendment requires civil lawsuit parties to mediate before trial. Mediation before trial is usually voluntary. However, the court mandates pre-trial mediation.
The mediator helps parties reach an agreement during mediation. Mediation can settle the case without a trial.
IV. Leave to defend: Permission to defend the case for the defendant
In a summary suit, “leave to defend” refers to the court’s permission for the defendant to defend against the plaintiff’s claim. In general, the defendant in a summary suit is not allowed to defend against the plaintiff’s claim unless the court grants them leave to do so.
A summary suit requires leave to defend to ensure that the defendant can prove his case. The defendant has shown that a full trial is needed to resolve the case if the court grants leave to defend.
In a summary suit, the defendant must file a written application with the court explaining why they should be allowed to defend. The court will then consider the defendant’s application and decide whether to grant or deny leave to defend. If the court grants leave to defend, the summary suit will proceed to a full trial, with the defendant being allowed to defend against the
plaintiff’s claim. If the court denies leave to defend, the summary suit will proceed to a summary hearing, and the defendant will not be allowed to defend against the plaintiff’s claim.
V. Statement of Defence through Written Statement filed by the Defendant
Civil defendants must file a written response to the plaintiff’s claim and any defences or counterclaims. The defendant’s written statement counters the plaintiff’s claim.
The defendant’s written statement in a civil trial allows them to present their case and assert any possible defences or counterclaims. Some key aspects of the process of filing a written statement by the defendant in a civil trial include:
1. The defendant must submit the written statement to court: In a civil trial, the defendant must file a written statement with the court. The dispute court must receive the written statement.
2. Due date for written statement: Civil trial defendants must submit a written statement to the court within the specified timeframe. This time period may vary depending on the jurisdiction and the specific circumstances of the case.
3. The written statement must include the defendant’s account and any defences or counterclaims: The defendant’s written statement must include facts, defences, and counterclaims. The defendant may also include legal arguments and citations to relevant laws or precedents in support of their position.
4. The defendant or representative must sign the written statement: The defendant or their representative must sign the written statement for the court to consider it. This ensures that the defendant has read and approved the written statement.
The defendant’s written statement in a civil trial allows them to present their case.
VI. Chief and Cross examination of parties to suit in Civil Trial
In a civil trial, the opposing party or the court questions the parties under oath during chief and cross examination.
court. Parties present and challenge each other’s evidence and arguments during chief and cross examination.
The chief and cross examination of parties to the suit in a civil trial typically involves several steps, including:
1. The plaintiff’s chief examination: In the plaintiff’s chief examination, the plaintiff is questioned by their own lawyer. The purpose of the plaintiff’s chief examination is to allow the plaintiff to present their case and to establish the facts and legal arguments in support of their claim.
2. The defendant’s cross examination: In the defendant’s cross examination, the defendant is questioned by the plaintiff’s lawyer. The defendant’s cross-examination tests the credibility of his evidence and arguments.
3. The defendant’s chief examination: In the defendant’s chief examination, the defendant is questioned by their own lawyer. The defendant’s chief examination lets them present their case and prove their defences or counterclaims.
4. The plaintiff’s cross examination: In the plaintiff’s cross examination, the plaintiff is questioned by the defendant’s lawyer. The plaintiff’s cross examination challenges the plaintiff’s evidence, arguments, and credibility.
A civil trial’s chief and cross examinations allow parties to present their evidence and arguments and challenge the other party’s. Chief and cross examination of parties helps the court make a fair and impartial decision on the merits of the case.
Final Arguments in Civil Trial
Final arguments are the last chance for parties to argue their case in a civil trial. After all the evidence and witnesses have been presented, final arguments are an important part of the trial.
The final arguments in a civil trial typically involve several steps, including:
1. The plaintiff’s final argument: In the plaintiff’s final argument, the plaintiff’s lawyer presents the plaintiff’s case to the court and summarizes the evidence and legal arguments in support of the plaintiff’s claim. The plaintiff’s final argument may review the evidence, discuss the legal principles, and argue for the plaintiff’s victory.
2. The defendant’s final argument: In the defendant’s final argument, the defendant’s lawyer presents the defendant’s case to the court and summarizes the evidence and legal arguments in support of the defendant’s defenses or counterclaims. The defendant’s final argument may include a review of the evidence, legal principles, and an argument for the defendant’s victory.
3. The court’s ruling: After hearing the final arguments from both parties, the court will consider the evidence and arguments presented, and will make a decision on the merits of the case. If the plaintiff’s claim is unfounded, the court may award damages, order the defendant to pay, or dismiss the case.
The final arguments in a civil trial give the parties one last chance to argue their case to the court. Listening to the final arguments helps the court make a fair and impartial decision on the case’s merits.
Judgement and Decree by Civil Courts in Summary Suits
In summary suits, a judgement and decree is a decision made by the court on the merits of the case. The judgement and decree contains the court’s findings of fact and conclusions of law and may award damages to the plaintiff, order the defendant to pay, or dismiss the case if the plaintiff’s claim is unfounded.
The process of issuing a judgement and decree in summary suits typically involves several steps, including:
1. The court conducts a summary hearing: In a summary suit, the court conducts a summary hearing to determine the merits of the case. The summary hearing is typically a short, informal proceeding, during which the parties may present evidence and argue their positions.
2. The court issues a summary judgement: After the summary hearing, the court will issue a summary judgement, which is a decision on the merits of the case. If the plaintiff’s claim is unfounded, the summary judgement may award damages, order the defendant to pay, or dismiss the case.
3. The judgement and decree is issued: After the summary judgement is issued, the court will issue a judgement and decree, which is a written document setting out the court’s findings of fact and conclusions of law. The judgement and decree will be signed by the judge and will be considered the final decision in the case.
Summary suits’ judgement and decree process is crucial because it decides the case’s merits. By issuing a judgement and decree, the court can resolve the dispute and bring the case to a close.
Conclusion
Summary suits in India let people sue without going to court. This is a quick and inexpensive way to settle disputes, especially for small businesses that can’t afford the courts. To maximise your chances of success, familiarise yourself with summary suit procedures before filing a suit. In the comments below, leave your questions and comments about this unique legal process. We would love to hear from you!
Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.
