LEGAL LEARNING – SHRI GANPATI JURISTS
Order 37 CPC | Summary Suit vs. Ordinary Suit
Key Insight:
If a suit styled under Order 37 of the Civil Procedure Code is not actually tried following the summary procedure prescribed therein, it loses its character as a summary suit and is deemed to proceed as an ordinary civil suit.
Legal Takeaways:
⚖️ Order 37 Rule 4 CPC – Cannot be invoked if the summary procedure is not followed.
⚖️ Default Ex Parte Decree?
→ Proper remedies are:
✔️ Appeal under Section 96 CPC
✔️ Application under Order 9 Rule 13 CPC (for setting aside ex parte decree)
What Constitutes Procedural Lapse?
✖️ Summons not issued in prescribed Form 4 of Appendix B under Rule 2
✖️ No compliance with Rule 2(3) of Order 37 (summary admission and decree)
✖️ Trial court proceeds by recording evidence, hearing witnesses → Ordinary procedure followed
Conclusion:
When summary procedure is abandoned, the case must be treated as a regular civil suit. Relief under Order 37 cannot be sought. Proper course is to challenge the decree via appeal or Order 9 Rule 13 CPC.
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