Points of difference between summary suit and ordinary suit on cheques

A 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.