Rule 2 of CPC : Rule 2: Institution of summary suits.
CPC
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Explanation using Example
Example 1:
Scenario: Rajesh, a businessman in Mumbai, supplied goods worth ₹10,00,000 to a retailer named Suresh. Despite repeated reminders, Suresh failed to pay the amount due. Rajesh decides to file a summary suit under Order XXXVII of the Code of Civil Procedure, 1908.
Steps:
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Plaint Presentation: Rajesh's lawyer drafts a plaint that includes:
- A specific statement that the suit is filed under Order XXXVII.
- A declaration that no relief outside the scope of this rule is claimed.
- The inscription "(Under Order XXXVII of the Code of Civil Procedure, 1908)" below the suit number.
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Summons Issuance: The court issues a summons in Form No. 4 of Appendix B, notifying Suresh of the suit.
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Defendant's Appearance: Suresh must enter an appearance within 10 days of receiving the summons. If he fails to do so, the allegations in the...
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