No. 4 of CPC : No. 4: SUMMONS IN A SUMMARY SUIT

Explanation using Example

Example 1:

Scenario: Ramesh lends Rs. 50,000 to Suresh, and Suresh promises to repay the amount within six months. However, Suresh fails to repay the loan even after repeated reminders.

Application of the Act: Ramesh decides to file a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, to recover the amount. The court issues a summons to Suresh, stating:

Summons

To

Suresh Kumar, residing at 123, Green Park, New Delhi.

WHEREAS Ramesh Sharma has instituted a suit against you under Order XXXVII of the Code of Civil Procedure, 1908, for Rs. 50,000 and interest, you are hereby summoned to cause an appearance to be entered for you, within ten days from the service hereof, in default hereof the plaintiff will be entitled, after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of Rs. 50,000 and the sum of Rs. 5,000 for costs, together with such interest, if any, as the Court may order.

If you cause an appearance to be entered for you, the plaintiff will thereafter serve upon you a summons for judgment at the hearing of which you will be entitled to move the Court for leave to defend the suit.

Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is a defense to the suit on the merits or that it is reasonable that you should be allowed to defend.

Given under my hand and the seal of the Court, this 15th day of October, 2023.

Judge

Example 2:

Scenario: Meena sells goods worth Rs. 1,00,000 to Rajesh on credit, with the agreement that Rajesh will pay the amount within 30 days. Rajesh fails to make the payment even after 60 days.

Application of the Act: Meena files a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, to recover the amount. The court issues a summons to Rajesh, stating:

Summons

To

Rajesh Verma, residing at 456, Blue Hills, Mumbai.

WHEREAS Meena Gupta has instituted a suit against you under Order XXXVII of the Code of Civil Procedure, 1908, for Rs. 1,00,000 and interest, you are hereby summoned to cause an appearance to be entered for you, within ten days from the service hereof, in default hereof the plaintiff will be entitled, after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of Rs. 1,00,000 and the sum of Rs. 10,000 for costs, together with such interest, if any, as the Court may order.

If you cause an appearance to be entered for you, the plaintiff will thereafter serve upon you a summons for judgment at the hearing of which you will be entitled to move the Court for leave to defend the suit.

Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is a defense to the suit on the merits or that it is reasonable that you should be allowed to defend.

Given under my hand and the seal of the Court, this 20th day of October, 2023.

Judge