Definition
A special expedited civil procedure under Order XXXVII CPC for recovery of liquidated sums of money or specific goods — the defendant must obtain the court's leave to defend the claim; if leave is refused, decree is passed summarily without a full trial.
Summary procedure under Order XXXVII of the CPC allows plaintiffs to obtain an early decree for: (a) specified bills of exchange, hundis, or promissory notes; (b) claims arising from sale, supply, or delivery of goods; (c) claims for fixed sums of money on written contracts; and (d) claims arising from guarantees. The defendant in a summary suit cannot simply file a written statement and contest the matter — they must apply for leave to defend. Leave is granted only if the defendant shows the existence of a triable issue or that they genuinely contest the debt. If the defence is fictitious or unsubstantiated, the court may refuse leave and pass summary decree.
Statutory Definition
Order XXXVII Rule 1, Code of Civil Procedure, 1908: 'This Order shall apply to High Courts, City Civil Courts and Courts of Small Causes and to suits of the following nature, namely: (a) suits upon bills of exchange, hundies and promissory notes; and (b) suits in which the plaintiff seeks to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising — (i) on a written contract, or (ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty.'
Etymology & Origin
From Latin 'summarium' (a summary, an abridgement) from 'summa' (the whole, the sum total). A 'summary' procedure is an abridged, condensed procedure — dispensing with the full formalities of an ordinary suit and reaching the result more quickly by limiting the defendant's right to contest without showing a genuine defence.
Full Legal Analysis
Summary Procedure: Swift Justice for Liquidated Claims
When a debt is clearly owed — established by a written contract, bill of exchange, or promissory note — allowing the debtor to force a full trial with evidence, witnesses, and lengthy argument simply to delay payment is itself an injustice. Summary procedure solves this by reversing the burden: the creditor gets an early decree unless the debtor can show a genuine defence. Sham or fictitious defences do not earn the right to a full trial.
The Application for Leave to Defend
When a summary suit is filed: (a) Summons is issued with the words 'show cause' — requiring the defendant to explain why judgment should not be passed against them. (b) The defendant must, within 10 days of summons (or as the court directs), apply for leave to defend. (c) On hearing the leave application, the court may: (i) refuse leave entirely and pass a summary decree (if the defence is clearly sham or fictitious); (ii) grant unconditional leave (if a genuine triable issue is shown); or (iii) grant conditional leave (if there may be a defence but security for the claim must be given — the court has doubts about the defence's bona fides). (d) If the defendant does not apply for leave, the plaintiff gets the decree on the due date.
Cheque Bounce: NI Act Section 138 Summary Trial
Cheque dishonour cases under Section 138 of the Negotiable Instruments Act, 1881 are summary trials in the criminal context — Section 143 NI Act provides for summary trial of Section 138 offences, which are tried as summary cases under Section 283 BNSS (formerly Chapter XIX CrPC). The summary nature of these proceedings has been specifically mandated by Parliament to ensure speedy disposal of the enormous volume of cheque bounce cases.
“Summary procedure is justice on a short-cut — a justified short-cut. When the debt is established by documentary evidence and the debtor cannot show a genuine defence, allowing them a full trial would be allowing delay as a defence. Summary procedure says: show a real issue or face the decree. Speed is not injustice when the claim is clear.”
This Term in Indian Statutes
Code of Civil Procedure, 1908, 1908
"This Order shall apply to suits upon bills of exchange, hundies and promissory notes; and suits in which the plaintiff seeks to recover a debt or liquidated demand in money payable by the defendant arising on a written contract or enactment."
Summary procedure: expedited recovery of liquidated debts — defendant must obtain leave to defend or decree passed summarily
