Rahul, a businessman living in Jaipur, supplied electronic goods worth ₹ 5 lakh to M/s Bright Electronics, owned by Ramesh, located in Jodhpur. The goods were supplied on credit and Ramesh issued a promissory note promis

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2026
Rahul, a businessman living in Jaipur, supplied electronic goods worth ₹ 5 lakh to M/s Bright Electronics, owned by Ramesh, located in Jodhpur. The goods were supplied on credit and Ramesh issued a promissory note promising to pay the amount within three months. After the expiry of the stipulated period, Ramesh failed to make the payment. Rahul therefore filed a summary suit in the District Court at Jaipur for recovery of the amount. Meanwhile, Ramesh filed another civil suit in the Civil Court at Jodhpur alleging that the goods supplied were defective and claimed damages of ₹ 3 lakh from Rahul. During the proceedings, Ramesh argued that the Jaipur court did not have territorial jurisdiction, since his business and residence were in Jodhpur. He also requested the court to stay the proceedings in Jaipur because the Jodhpur case concerning the same dispute was already pending. Rahul, on the other hand, argued that the cause of action partly arose in Jaipur, since the contract was executed and goods were dispatched from Jaipur. Later, the Jodhpur court decided the suit filed by Ramesh and held that the goods supplied were not defective. The court dismissed Ramesh's claim. After the decision, Ramesh attempted to raise the same issues again in the Jaipur court. Rahul objected, arguing that the matter had already been decided and therefore the principle of res judicata applied. Finally, the Jaipur court decided the recovery suit in favour of Rahul and ordered Ramesh to pay ₹ 5 lakh along with interest. Based on the above situation answer the following questions: What are summary proceedings? Was Rahul justified in filing a summary suit for recovery of money?

Answer & Explanation:

Order 37 of Civil Procedure Code, 1908 provides for a summary procedure in respect of certain suits. A procedure by way of summary suit applies to suits upon bill of exchange, hundis or promissory notes, or to suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising- on a written contract; or on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only. Since Ramesh issued a promissory note, Rahul was justified in filing a summary suit.

Topics: Civil Procedure Code

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