What are the defence available for money recovery suit?


Summary Suits are suits which can be instituted upon a plaintiff seeking debt or recovery of an amount. The defendant in these suits can apply for leave to defend provided he has the required defence to prove that his stand is substantive in nature otherwise itÕs the plaintiff who has a better hand on the suit. Order XXXVII provides a summary procedure in suits based on negotiable instruments or where the plaintiff seeks to recover the debt or liquidated amount.

The essence of summary suits is that the defendant is not, as in an ordinary suit, entitled as of right to defend the suit. He must apply for leave to defend within the stipulated period of ten days. Section 96 of the CPC provides that an aggrieved party to any decree, which was passed by a Court while exercising its original jurisdiction, is conferred with at least one right to appeal to a higher authority designated for this purpose, unless the provisions of any statute make an exception for it.

A regular first appeal may be preferred by one of the following: Any party to the suit adversely affected by a decree, or if such party is dead, by his legal representatives under Section 146; A transferee of the interest of such party, who so far as such interest is concerned, is bound by the decree, provided his name is entered on the record of the suit; An auction purchaser may appeal against an order in execution setting aside the sale on the ground of fraud; No other person, unless he is a party to the suit, is entitled to appeal under Section 96.
A person, who is not a party to the suit, may prefer an appeal from a decree/order if heÕs bound/aggrieved/prejudicially affected by it via special leave of the appellate Court.

Reference: Rule 2 of Order 37 of the Civil Procedure Code, 1908
Section 96, 146 of the Civil Procedure Code, 1908



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