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For ready
reference one must go through the
provision i.e. Order XXXVII of the code
of civil procedure part of which is
stated herein below :
Order
XXXVII
Summery
Procedure
1.
Courts and
classes to which the order is to apply :
(1) This order shall apply to the
following courts namely :
(a)
High courts,
City Civil Courts and Courts of small
causes; and
(b)
Other courts
:
Provided
that in respect of the courts referred
to in clause (b), the High court may, by
notification in the official gazette,
restrict the operation of this order
only to such categories of suits as it
deems proper, and may also, from time to
time, as the circumstances of the case
may require, by subsequent notification
in the official gazette, further
restrict, enlarge or vary, the
categories of suits to be brought under
the operation of this order as it deems
proper.
(2) Subject
to the provisions of sub rule (1), the
order applies to the following classes
of suits namely :
(a) suits
upon bills of exchange, hundies and
promissory notes;
(b) suits in
which the Plaintiff seeks only to
recover a debt or liquidated demand in
money payable by the defendant, with or
without interest, arising :
(i) on a
written contract; or
(ii) on an
enactment, where the sum sought to be
recovered is a fixed sum of money or in
the nature of a debt other than a
penalty; or
(iii) on a
guarantee, where the claim against the
principal is in respect of a debt or
liquidated demand only.
2.
Institutions
of Summery Suits
3.
Procedures
for the appearance of Defendant
4.
Power to set
aside decree
5.
Power to
order bill, etc., to be deposited with
officer of court
6.
Recovery of
cost of noting non-acceptance of
dishonoured bill or note
.
7.
Procedure in
suits
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