Order 37 of the Code of Civil Procedure lays down the nature of disputes in which summary suit can be filed. It also provides for the summary procedure.
In summary procedure firstly, plaint is filed then notice is issued. After the defendant enters appearance the plaintiff has to file application for summons for judgment. After which the defendant will file leave to defend. If the plaintiff proves that defendant does not have sufficient means than judgment will be granted then and there by rejecting leave to defend. But if the defendant furnishes proof in the leave to defend and if it/he agrees to deposit the claimed amount before court then leave to defend will be granted.
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