Procedure in suits
Full Text
Save as provided by this Order, the procedure in suits hereunder shall be the same as the procedure in suits instituted in the ordinary manner.
Plain English Summary
Serves as the residual bridge clause, providing that unless expressly modified by the summary rules of Order XXXVII, all general CPC provisions (pleadings, amendment, discovery, receiver, execution, appeals) apply to summary suits.
Key Legal Elements
- Residual Application of CPC: Once unconditional leave to defend is granted under Rule 3(5), the suit is treated as an ordinary suit.
- Written Statement Filing: Defendant granted leave to defend files a Written Statement under Order VIII within the timeframe fixed by court.
- Interlocutory Applications: Provisions for temporary injunctions (Order XXXIX), attachment before judgment (Order XXXVIII), and discovery (Order XI) remain fully accessible.
- Execution Governing Law: Summary decrees are executed strictly under Order XXI in the ordinary manner.
Practical Note
Transition to Ordinary Civil Trial: 1. Conversion on Grant of Leave: In B.L. Kashyap & Sons Ltd. v. JMS Steels & Power Corp. (2022) 3 SCC 294 and Mechelec Engineers (1976), the Supreme Court noted that once leave to defend is granted under Rule 3(5), Order XXXVII exhausts its special gatekeeping purpose. By virtue of Rule 7, the action transitions into an ordinary civil suit governed by Order VIII (Written Statement), Order XIV (Framing of Issues), and Order XVIII (Trial and Evidence). 2. Applicable Interlocutory Powers: The court retains all ancillary powers, including granting attachment before judgment under Order XXXVIII Rule 5 or interim injunctions under Order XXXIX.
हिंदी पाठ
इस आदेश द्वारा यथा उपबंधित के सिवाय, इसके अधीन वादों की प्रक्रिया वही होगी जो साधारण रीति से संस्थित किए गए वादों की प्रक्रिया होती है।