Professional Documents
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In summary suit, the defendant is not entitled to defend as a matter of right as is the case in
a ordinary suit, has to obtain the leave of the court to defend. If the court refuses to grant
him leave to defend, then the suit is decreed immediately. In that sense, the summary suit is
faster procedure for recovery of money. But summary suit can be filed only in case of
specified documents like promissiory note, etc.However, once ordinary suit is filed, then
subsequently another suit (whether under summary procedure or otherwise) can not be filed
on same cause of action as the same would be barred under Order 2 Rule 2 CPC. Not only
this, if the summary suit is filed now, it would be treated as fresh suit and fresh limitation
would be computed for it, and in that case, it would apparently be time barred.