Summary procedure is governed by the provisions of order XXXV of Civil Procedure Act. It is the procedure intending to empower a plaintiff with liquidated claim i.e. a claim for specific amount of money to obtain judgment without an unnecessary delay. Under summary procedure, the defendant has no automatic right to appear and defend his/her case. If the defendant wants to defend summary procedure suit, he must apply for leave to so defend. The leave will only be granted if the application for leave discloses that there is triable issue or stable and arguable case.
Note: summary procedure suit may be instituted under any of the circumstances falling under Order XXXV, Rule 1, (a) to (f) and these are,
a). Suit upon bill of exchange or promissory notes;
b). Suits for recovery of income tax;
c. Suits arising out mortgage, whether legal or equitable;
d). Suits by TANESCO for recovery of meter rents, charges for supply of electricity etc.
e). Suits for recovery of rent, interest or other debt due to Republic, Government authority; and
f). Suits for recovery of immovable property not protected under Rent Restriction Act, and suits for the recovery of rent; mesne profits or damages for unlawful occupation in respect of such immovable property, building or premises.
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