A summary suit is a specific type of recovery suit that follows a fast-track procedure, while a recovery suit is a general term for any legal action to reclaim money or property. The key difference lies in the process and the defendant’s right to defend. [1, 2, 3, 4, 5]

Overview of recovery suits A recovery suit, or ordinary civil suit, is a formal legal process for resolving civil disputes where one party seeks to reclaim money or property. This is the standard legal recourse for recovering debts, and it proceeds through several stages:

• Issuing a legal notice.
• Drafting and filing a plaint.
• Issuing a summons to the defendant.
• The defendant filing a written statement to present their defense.
• A full trial with evidence and witnesses.
• Judgement and execution of the decree. [3, 6, 7, 8, 9]

This process can be lengthy, taking years to conclude, and the defendant has a right to defend the case from the outset. [1]
Overview of summary suits A summary suit is an expedited procedure for money recovery, governed by Order 37 of the Code of Civil Procedure, 1908 (CPC). It is designed for straightforward cases where the debt is clearly documented and there is little chance of a substantial defense. [2, 10, 11, 12, 13]

A summary suit can be filed for the following types of cases:

• Suits based on negotiable instruments like cheques, promissory notes, and bills of exchange.
• Recovery of a fixed sum of money arising from a written contract or a guarantee. [15, 16, 17, 18, 19]

Comparison: Recovery suit vs. summary suit Feature [1, 2, 10, 14, 20, 21, 22] Summary Suit (under Order 37 CPC) Ordinary Recovery Suit Speed Fast-track procedure designed for speedy justice. Lengthy and time-consuming, following the standard civil procedure. Applicability Limited to specific monetary claims with clear documentary evidence, such as written contracts or negotiable instruments. Applicable to all types of civil disputes, including those based on oral agreements or involving unliquidated damages. Right to defend The defendant must apply for and be granted “leave to defend” by the court. Leave is granted only if the defendant can demonstrate a plausible and substantial defense. The defendant has an inherent right to defend the suit by filing a written statement. Trial process If the defendant fails to obtain leave to defend, the court can pass a decree immediately without a full trial. Proceeds through all stages of a full trial, including the framing of issues, examination of evidence, and arguments. Setting aside a decree A decree can be set aside only under “special circumstances,” a stricter standard than the “sufficient cause” required in ordinary suits. An ex parte decree can be set aside if the defendant shows “sufficient cause” for their absence. Res judicata The principle of res judicata (a matter already judged) does not apply to summary suits. The principle of res judicata applies. Risk for plaintiff Lower risk of delay tactics from the defendant, as a frivolous defense can be dismissed early. Higher risk of the defendant using procedural tactics to delay the case.

AI responses may include mistakes.

[1] http://ssglawfirm.in/summary-suit-vs-regular-civil-suit-in-india-key-differences-explained/
[2] http://ssglawfirm.in/summary-suit-vs-regular-civil-suit-in-india-key-differences-explained/
[3] https://www.maheshwariandco.com/blog/money-recovery-suit-case-laws/
[4] https://www.voiceofca.in/siteadmin/document/Whatifachequebounces_guide.pdf
[5] https://claww.in/legal-remedies-for-cheque-bounce-under-negotiable-instruments-act1881/
[6] https://www.indialawoffices.com/knowledge-centre/summary-suit
[7] https://www.lloydlawcollege.edu.in/blog/all-about-legal-notice.html
[8] https://www.maheshwariandco.com/blog/money-recovery-suit-case-laws/
[9] https://www.rigobertoparedes.com/en/property-recovery-in-bolivia/
[10] https://lawbhoomi.com/summary-suits-under-cpc/
[11] https://www.lawctopus.com/summary-suits-explained/
[12] http://ssglawfirm.in/summary-suit-vs-regular-civil-suit-in-india-key-differences-explained/
[13] http://ssglawfirm.in/summary-suit-vs-regular-civil-suit-in-india-key-differences-explained/
[14] https://lawbhoomi.com/summary-suits-under-cpc/
[15] http://ssglawfirm.in/summary-suit-vs-regular-civil-suit-in-india-key-differences-explained/
[16] https://indiankanoon.org/docfragment/732319/?formInput=citedby:+1791318
[17] https://www.investopedia.com/terms/n/negotiable-instrument.asp
[18] https://testbook.com/objective-questions/mcq-on-negotiable-instruments–65fbe7ac35afe14671d9cf2c
[19] https://www.indialawoffices.com/knowledge-centre/summary-suit
[20] https://www.lawctopus.com/summary-suits-explained/
[21] https://www.raizadaassociates.com/blog/order-37-summary-suit-delhi-fast-debt-recovery/
[22] https://manatlegal.com/how-to-file-a-money-recovery-suit-in-india/