Legal Question in Civil Litigation in India

Re: summary suit

It is presumed that the Civil Suit was filed within 3 years from accural of cause of action. If not, then it would be held as time barred. The summary suit is also a civil suit, the difference being that summary suit is a special class of suit and is governed by Order 37 of Code of Civil Procedure 1908. 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.

Re: summary suit

No, because you have alreay filed a regular civil suit.

Re: summary suit

yes, after filing a regular suit, a summary suit may not be maintainable.

Re: summary suit

limitation can be a problem but when civil suit is filed then on same cause of action no summary suit can be filed refer S 10 of CPC.

Re: summary suit

yes, it would be a problem now the suit cannot be initiated in a summary manner and the suit already filed would continue.