Question

Difference between recovery suit and summary suit

Answer 1

cheque is certainly a bill of exchange under Order 37 but the provisions of Summary Procedure will apply only when the cheque is in favor of the plaintiff. The differences between a summary suit and an ordinary suit on cheques is as below -

In a summary suit, the defendant is not entitled as a right to defend the suit as he is in an ordinary suit and he must apply for leave to defend. If no leave is granted then the plaintiff is entitled to a decree. To obtain such a leave the defendant will have to state on affidavit such facts as it would make incumbent on the Plaintiff to prove consideration.In a summary suit, the defendant must prove his facts within ten days from the service of summons for judgement. However in an ordinary suit, he has a time limit of 30 days for filing a written statement.Generally speaking, summary suits are much easier to establish for the Plaintiff and much tougher for the Defendant to defend than ordinary suits. This is because of the fact that the Defendant has an added burden of proving as to why he should be allowed to put up a defense.In theory, a summary suit is supposed to be a faster remedy than an ordinary suit. Sometimes multiple summons are served on a defendant before an ex parte decree in favor of the Plaintiff is passed. In a summary suit however, if the defendant fails to establish as to why he should be allowed to defend within 10 days, an ex parte decree is immediately given.

Hence it is my humble opinion that a summary procedure should always be opted for whenever the circumstances allow, as compared to an ordinary suit.

Mark it brainliest!!!!!

Answer 2

the basic difference between summery suit and normal suit for recovery is that summary suit is filled for the speedy justice and where the liability of defendent is apperent and there is no way for the defendant to deny the liability at first instance for eg. cheque issued by any one, issuing the pronote accepting the liability to pay, and in such case the plaintiff had a fair chance to suceed so the liability is on the defendant to prove thatplaintiff dont have the fair chance to succed on first instance and for that he has obtain leave to defend from the court and if court grant the leave to defend to the defendant then the sumarry suit get converted into the normal recovery suit.