Code of civil procedure 1908 summary suit

Dear Client,
Order 37 of the Code of Civil Procedure (CPC) is a summary procedure for the quick disposal of money recovery suits. It applies to suits based on negotiable instruments, such as bills of exchange, promissory notes, or written contracts. When serving a notice on a government official or public authority, follow the procedure outlined under Section 80 of the CPC, which requires providing a reasonable time for a response. The object of the provisions u/o. 5 CPC is to ensure the presence of the defendant. If the defendant has knowledge of the suit and is participating through counsel, he cannot claim thereafter that summons were not served upon him and thus, the proceedings are vitiated. In the case of Johra and others Vs State of Haryana and others (2019) 2 SCC 324 1(C). The Supreme Court held that knowledge of the proceedings proposed in the notice was sufficient to take action even if the notice was not served. If required, hire an Advocate to navigate the issue in the right way.