Description

Order 35 of the Civil Procedure Code (CPC) provides for a summary procedure for the trial of certain types of suits. This procedure is designed to expedite the resolution of cases that do not involve complex issues and can be decided quickly. The summary procedure is a faster and simplified way to dispose of straightforward cases without going through the regular trial process. It is typically used for cases where the facts are not in dispute and where the defendant is unlikely to contest the claim.

Key Provisions of Order 35 CPC:

1. Rule 1 - Scope of Summary Procedure:

   • The summary procedure under Order 35 applies to certain categories of suits that the court believes can be disposed of quickly without the need for a full trial.
   • This procedure can be applied to suits such as:
     • Suit on a negotiable instrument (e.g., promissory notes, cheques).
     • Suit for recovery of money based on an undisputed debt or clear evidence.
     • Suit for possession of immovable property when the defendant is in unlawful possession.

2. Rule 2 - When the Summary Procedure is Applicable:

   • The court may order a suit to be tried under the summary procedure if it is satisfied that the case is suitable for such a trial. This is typically when:
     • The claim is undisputed or only involves a clear legal point.
     • The facts are simple and do not require extensive examination.
     • The defendant has no plausible defense or the defense is without merit.
   • If the defendant does not dispute the claim, the court may pass a judgment summarily.

3. Rule 3 - Procedure for Summary Judgment:

   • The summary procedure involves a quick hearing, where both parties present their arguments in a streamlined manner.
   • The court may proceed with the trial without waiting for a full defense or formal response from the defendant if the defendant fails to appear or if the case is very clear.
   • The court will give a summary judgment based on the evidence presented without the need for extensive evidence or testimony.

4. Rule 4 - Decision:

   • The court will make a decision based on the limited material available and the application of law to those facts. The decision is generally rendered quickly, providing an expedited resolution to the dispute.
   • A judgment is passed, and the plaintiff may obtain a decree for recovery, possession, or any other appropriate relief without undergoing a prolonged trial.

5. Rule 5 - Decree for the Plaintiff:

   • If the court determines that the claim is valid and that the defendant does not have a good defense, it will pass a decree in favor of the plaintiff.

6. Rule 6 - Defense:

   • The defendant has the opportunity to raise a defense, but the court will only allow defenses that are genuine and not frivolous or lacking merit.
   • If the defense does not show a valid reason to dispute the claim, the court may proceed with the judgment without further trial.

7. Rule 7 - Costs:

   • The court has the discretion to award costs in summary procedure cases. Generally, if the defendant loses, they may be required to pay the plaintiff’s legal costs.

Punishment

Order 35 does not directly prescribe punishments for the parties involved. However, certain actions or behaviors during the summary procedure can have consequences:

1. Failure to Appear:

   • If the defendant fails to appear or does not contest the claim, the court may pass a summary judgment in favor of the plaintiff. There is no punishment in the criminal sense, but the defendant will lose the case by default.

2. Frivolous Defense:

   • If the defendant raises a frivolous or baseless defense, the court may dismiss the defense and proceed with a summary judgment for the plaintiff. In some cases, the defendant could be ordered to pay costs for wasting the court’s time.

3. Failure to Follow Court Orders:

   • If either party fails to comply with court orders during the proceedings, they may be penalized by the court or held in contempt of court.

4. Costs:

   • The losing party may be ordered to pay the costs of the litigation, including the legal fees of the winning party.