Rule 2 of CPC : Rule 2: Institution of summary suits.

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:

1. 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.

2. Summons Issuance: The court issues a summons in Form No. 4 of Appendix B, notifying Suresh of the suit.

3. 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 plaint are deemed admitted.

4. Decree: Since Suresh does not enter an appearance, the court grants Rajesh a decree for ₹10,00,000 plus interest and costs. Rajesh can execute this decree immediately to recover the amount.

Example 2:

Scenario: Meena, a software developer in Bangalore, lent ₹5,00,000 to her friend Anil for his startup. Anil promised to repay the amount within six months but defaulted. Meena decides to file a summary suit under Order XXXVII of the Code of Civil Procedure, 1908.

Steps:

1. Plaint Presentation: Meena'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.

2. Summons Issuance: The court issues a summons in Form No. 4 of Appendix B, notifying Anil of the suit.

3. Defendant's Appearance: Anil must enter an appearance within 10 days of receiving the summons. If he fails to do so, the allegations in the plaint are deemed admitted.

4. Decree: Since Anil does not enter an appearance, the court grants Meena a decree for ₹5,00,000 plus interest and costs. Meena can execute this decree immediately to recover the amount.