Legal Question in Banking Law in India

20.06.2016

Dear Sir / Madam,

A certificate case is a summary suit as against a conventional civil suit. You should check for the procedure with the concerned Court clerk.

Regards,

1) In summary suit, the defendant is not entitled to defend as a matter of right as is the case in a ordinary suit, has to obtain the leave of the court to defend. If the court refuses to grant him leave to defend, then the suit is decreed immediately. In that sense, the summary suit is faster procedure for recovery of money. But summary suit can be filed only in case of specified documents like promissiory note, etc.However, once ordinary suit is filed, then subsequently another suit (whether under summary procedure or otherwise) can not be filed on same cause of action as the same would be barred under Order 2 Rule 2 CPC. Not only this, if the summary suit is filed now, it would be treated as fresh suit and fresh limitation would be computed for it, and in that case, it would apparently be time barred.

2) Subject to the provisions of sub rule (1)

i) suits up on bills of exchange, hundies and promissory notes.

ii) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest araising.

iii) any suit filed by the plaintiff for recovery of a debt/moeny payable by the defendant according to a written contract or in case of enactment wherein the amount to be recovered is a fixed amount of money or debt other than a penalty or a guarantee where the claim against the principal is in respect of a debt or for money only.

High court, City civil courts and courts of small causes and other courts.