⚖️ Legal Learning – Shri Ganpati Jurists
Case: Executive Trading Company Pvt. Ltd. v. Grow Well Mercantile Pvt. Ltd.
Court: Supreme Court of India
🧾 Key Principle
In a summary suit under Order XXXVII CPC, no defence or reply can be placed on record without prior leave of the court.
“If a reply or defence is allowed to come on record in a summary suit without the leave of the court, the very distinction between an ordinary suit and a summary suit stands effaced.” — Supreme Court
⚖️ Court’s Observations
The object of Order XXXVII is to ensure expeditious disposal of commercial cases based on written contracts, bills of exchange, or promissory notes.
Allowing a defendant to file a defence without permission defeats the very purpose of the summary procedure.
📚 Step-by-Step Summary Suit Procedure (Order XXXVII Rule 3 CPC)
1️⃣ Plaintiff’s Step:
File the summary suit with plaint, annexures, and serve summons on the defendant.
2️⃣ Defendant’s Appearance:
Within 10 days, the defendant must enter appearance and provide an address for service.
3️⃣ Summons for Judgment:
The plaintiff serves a summons for judgment supported by an affidavit verifying the cause of action and belief that no defence exists.
4️⃣ Leave to Defend:
The defendant has 10 days to apply for leave to defend with an affidavit disclosing a genuine and substantial defence.
5️⃣ Court’s Power:
Leave to defend may be granted conditionally or unconditionally.
If part of the claim is admitted, that amount must be deposited in court.
6️⃣ Failure to Seek Leave:
If the defendant fails to apply or is refused leave, the plaintiff becomes entitled to immediate judgment.
7️⃣ Condonation:
The court may condone delay if sufficient cause is shown.
🧩 Final Holding
The Supreme Court allowed the appeal, clarifying that the defendant cannot file any defence without the court’s permission.
However, it added that the ruling will not prejudice the rights of either party in the pending judgment summons.
🔍 Essence:
➡️ Summary suits = Swift remedy for liquidated claims
➡️ No defence allowed without leave of court
➡️ Maintains procedural sanctity of Order XXXVII CPC
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