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Showing posts from November 7, 2020

Summary Suits, an effective Instrument to recover debts

  Summary Suits are contemplated under Order XXXVII (Order 37) of Civil Procedure Code of 1908, a very powerful and expeditious remedy (in theory) provided under the law for recovering moneys, which are routinely trapped in commercial transactions. The very purpose of enacting Summary Suits is to give strength to commerce and industry by inspiring confidence in commercial population that their money claims would be expeditiously decided and their claims will not hang on for years blocking their money for a long period. The Summary procedure is a powerful weapon in the hands of Court to shut out frivolous defenses which are raised in commercial causes with a view to prolong the litigation. Summary Suits are maintainable upon negotiable instruments, like bills of exchange, including cheques, hundies and promissory notes; and are also maintainable in cases where the person seeks to recover a debt or liquidated demand in money, arising out of a (a) written contract (Includes commerci