Introduction

The right to appeal is a statutory right, not an inherent one. The scope of an appeal is strictly defined by the statute that confers this right. In the context of a second appeal in India, the relevant statute is Section 100 of the Civil Procedure Code, 1908 (CPC). This provision places a limitation on the right to a second appeal, only permitting it in cases involving a substantial question of law This article aims to delve into the specifics of what constitutes a ‘substantial question of law’ and how it is framed in a second appeal under Section 100.

Section 100: Second Appeal and the Requirement of a Substantial Question of Law

Section 100 of the CPC, as amended by the Civil Procedure Code (Amendment) Act, 104 of 1976, provides the basis for a second appeal. The section expressly states that an appeal shall lie to the High Court from every decree passed in appeal by any court subordinate to the High Court, only if the High Court is satisfied that the case involves a substantial question of law.

The section further provides that the memorandum of appeal should precisely state the substantial question of law involved in the appeal, and the High Court must formulate that question if it is satisfied that a substantial question of law is involved in any case. The appeal is then heard on the question so formulated.

Defining ‘Substantial Question of Law’

The phrase ‘substantial question of law’ is not defined in the CPC. The term ‘substantial’ is understood as something of substance, essential, real, of sound worth, important, or considerable. However, the substantial question of law involved in a second appeal need not necessarily be of general importance.

The Supreme Court, in various judgments, has provided clarity on what constitutes a ‘substantial question of law’. To be substantial, a question of law must be debatable, not previously settled by the law of the land or any binding precedent, and must have a material bearing on the decision of the case and/or the rights of the parties before it, if answered either way.

A question of law becomes a substantial question of law when it is of general public importance or when it directly and substantially affects the rights of the parties. This can be the case if the question is an open one, not finally settled by the Supreme Court, the Privy Council, or the Federal Court, or is not free from difficulty or calls for discussion of alternative views.

If a question of law is fairly arguable, where there is room for difference of opinion or where the court thought it necessary to deal with that question at length and discuss alternative views, then the question would be a substantial question of law.

Notable Judgments and Principles

Certain judgments have highlighted the principles relating to Section 100 of the CPC and the framing of a substantial question of law.

1. Nazir Mohamed Versus J. Kamala & Ors.
   In the case of Nazir Mohamed Versus J. Kamala & Ors., the Supreme Court underscored the importance of a thorough examination of the question of law before permitting a second appeal. The Court emphasized that the second appeal is not a matter of right but is conferred by statute, and it only lies on a substantial question of law. The Court also noted that it is not open to the Respondent-Plaintiff to re-agitate facts or to call upon the High Court to reanalyze or re-appreciate evidence in a Second Appeal​¹​​.
2. Sir Chunilal Mehta & Sons Ltd. Vs Century Spg. & Mfg. Co. Ltd., AIR 1962 SC 1314: This landmark judgment of the Supreme Court laid down the test for determining whether a question of law is substantial. The Court stated that a substantial question of law would be one that is of general public importance, directly and substantially affects the rights of the parties, and is either an open question not finally settled by the highest courts or is not free from difficulty or calls for discussion of alternative views​¹​.
3. Hero Vinoth Vs Seshammal, (2006) 5 SCC 5452: The Supreme Court referred to the Chunilal Vs Mehta & Sons judgment and other judgments to summarize the tests for determining whether a given set of questions of law were mere questions of law or substantial questions of law​¹​​.
4. Guran Ditta Vs Ram Ditta [(1927-28) 5I5 IA 235 : AIR 1928 PC 172]: The Court interpreted the phrase “substantial question of law” and held that it does not mean a substantial question of general importance but a substantial question of law which was involved in the case​¹​.

Conclusion

Navigating the legal landscape of second appeals can be challenging. The requirement for a substantial question of law under Section 100 of the Code of Civil Procedure, 1908, serves as a gatekeeper, ensuring that the precious resources of the appellate courts are conserved for those matters which require their attention. This principle is grounded in the understanding that an appeal, especially a second appeal, is not a matter of right but is conferred by statute, and is intended to address important questions of law rather than a reevaluation of facts.

To qualify as a substantial question of law, the question must be debatable, not previously settled by law or a binding precedent, and must have a material bearing on the case or the rights of the parties involved. Understanding the nuances and implications of this requirement can mean the difference between a successful appeal and a dismissed case.

Ultimately, the substantive nature of the question of law is decided on a case-by-case basis. The courts have laid down guiding principles and tests, as seen in the notable judgments referenced, but the application of these principles is a matter of judicial interpretation. Lawyers and litigants must therefore carefully consider whether their appeal involves a substantial question of law and frame their pleadings accordingly.

This article has aimed to provide a comprehensive understanding of the requirement of framing a substantial question of law in a second appeal under Section 100 of the CPC. It is hoped that this will serve as a useful resource for those navigating the complexities of second appeals and contribute to the broader understanding of this fundamental aspect of civil procedure law in India.

Author: Parthvi Patel, United World School of Law 

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Introduction

The Supreme Court of India, through its landmark judgments in M/s Patil Automation Private Limited vs Rakheja Engineers Private Limited and Yamini Manohar vs T K D Keerthi, has emphasized the mandatory nature of pre-litigation mediation as outlined under Section 12A of the Commercial Courts Act, 2015. This mandate signifies a judicial endorsement of alternative dispute resolution (ADR) mechanisms, particularly mediation, as a first step in resolving commercial disputes.

The Legislative Framework: Section 12A of the Commercial Courts Act

Before delving into the judgments, it’s crucial to understand the legislative text that forms the basis of this discourse. Section 12A of the Commercial Courts Act, 2015, stipulates:

“12A. Pre-Institution Mediation and Settlement.— (1) A suit, which does not contemplate any urgent interim relief under this Act, shall not be instituted unless the plaintiff exhausts the remedy of mediation in accordance with such manner and procedure as may be prescribed under this Act.”

This provision underscores the mandatory requirement for parties to engage in mediation before proceeding to litigation, aiming to facilitate amicable settlements and reduce the burden on courts.

Mandatory Nature of Mediation: Insights from Supreme Court Rulings

M/s Patil Automation Private Limited vs Rakheja Engineers Private Limited: A Landmark Verdict

In M/s Patil Automation Pvt. Ltd. & Ors. v. Rakheja Engineers Pvt. Ltd., the Supreme Court made a significant observation regarding the mandatory nature of Section 12A:

“The apex court noted that the design and scope of the Act…makes it clear that the Parliament intends to give the scope of pre-litigation mediation a mandatory character.”

This ruling highlighted that the intention behind Section 12A is unequivocal—mediation is not optional but a prerequisite for filing a suit in commercial matters, barring cases requiring urgent interim relief.

Yamini Manohar vs T K D Keerthi: Affirming Mandatory Mediation

Similarly, in Yamini Manohar vs T K D Keerthi, the Supreme Court reinforced the critical role of pre-litigation mediation, emphasizing its importance in the dispute resolution process. The Court’s decision underscored that bypassing this step could only be considered if the suit explicitly demands urgent interim measures, which must be clearly pleaded by the plaintiff.

The central issue in Yamini Manohar vs T K D Keerthi revolved around the interpretation and application of Section 12A of the Commercial Courts Act, which necessitates parties to engage in mediation before approaching the court for commercial disputes. The contention arose when Yamini Manohar proceeded to file a suit without adhering to the mandated pre-litigation mediation process, prompting a legal debate on the exceptions to this requirement and the overall impact of bypassing such a crucial step.

“Pre-litigation mediation is necessary unless the suit contemplates urgent interim relief… The judgment observes that the meaning of the word ‘contemplate’ or urgent interim relief we need not dwell upon it.”

The contention arose when Yamini Manohar proceeded to file a suit without adhering to the mandated pre-litigation mediation process, prompting a legal debate on the exceptions to this requirement and the overall impact of bypassing such a crucial step.

“Pre-litigation mediation is necessary unless the suit contemplates urgent interim relief… The judgment observes that the meaning of the word ‘contemplate’ or urgent interim relief we need not dwell upon it.”

The Supreme Court’s Analysis and Rationale

The Supreme Court’s analysis in this case was centered on the legislative intent behind Section 12A, aiming to decongest court dockets and foster a culture of settlement and negotiation among disputing parties. By critically examining the scope and implications of pre-litigation mediation, the Court sought to balance the statutory mandate with the practical realities of commercial disputes that may require immediate judicial intervention.

In its judgment, the Court highlighted that the exception for suits contemplating urgent interim relief was not a carte blanche to bypass the mediation process altogether. Instead, it emphasized that parties must judiciously assess the necessity for such relief and cannot unilaterally decide to skip mediation based on a broad interpretation of “urgent”.

“The import of the provision is to mandate pre-litigation mediation in an effort to resolve disputes amicably before resorting to litigation, thereby promoting a more collaborative approach to dispute resolution.”

Implications of the Judgment

The Supreme Court’s decision in Yamini Manohar vs T K D Keerthi carries significant implications for the practice of commercial litigation in India. Firstly, it reaffirms the judiciary’s commitment to alternative dispute resolution (ADR) as a precursor to litigation, thereby encouraging parties to explore amicable settlement options. Secondly, it clarifies the ambit of exceptions to pre-litigation mediation, ensuring that the provision is not misinterpreted or misused to undermine the statute’s objectives.

Moreover, this judgment serves as a cautionary note to litigants and legal practitioners about the necessity of adhering to procedural mandates, reinforcing the idea that mediation should not be viewed as a mere procedural formality but as a genuine opportunity to resolve disputes outside the courtroom.

The Supreme Court’s Analysis and Rationale

The Supreme Court’s analysis in this case was centered on the legislative intent behind Section 12A, aiming to decongest court dockets and foster a culture of settlement and negotiation among disputing parties. By critically examining the scope and implications of pre-litigation mediation, the Court sought to balance the statutory mandate with the practical realities of commercial disputes that may require immediate judicial intervention.

In its judgment, the Court highlighted that the exception for suits contemplating urgent interim relief was not a carte blanche to bypass the mediation process altogether. Instead, it emphasized that parties must judiciously assess the necessity for such relief and cannot unilaterally decide to skip mediation based on a broad interpretation of “urgent”.

“The import of the provision is to mandate pre-litigation mediation in an effort to resolve disputes amicably before resorting to litigation, thereby promoting a more collaborative approach to dispute resolution.”

Analyzing the Implications of Mandatory Mediation

The Rationale Behind the Requirement

The judgments elucidate the rationale for mandatory mediation, aiming to encourage out-of-court settlements and expedite the resolution of commercial disputes. This approach is aligned with global best practices and supports India’s objective to enhance the ease of doing business by providing a faster, cost-effective alternative to litigation.

Impact on Commercial Litigation

These Supreme Court decisions mark a pivotal shift in how commercial disputes are approached in India. By mandating mediation, the judiciary seeks to foster a dispute resolution culture that prioritizes negotiation and settlement over adversarial litigation. This not only benefits the parties involved by potentially saving time and resources but also contributes to the judicial economy by alleviating the caseload of commercial courts.

 The Challenge of Implementing Mandatory Mediation

While the mandate of Section 12A is clear, its practical implementation poses challenges, including ensuring the availability of trained mediators, creating awareness among commercial entities about the benefits of mediation, and integrating mediation proceedings with the court process seamlessly.

Conclusion: Envisioning a Future of Expedited Dispute Resolution

The emphasis on mandatory pre-litigation mediation as articulated in the judgments of M/s Patil Automation Private Limited vs Rakheja Engineers Private Limited and Yamini Manohar vs T K D Keerthi heralds a new era in commercial dispute resolution in India. It underscores the judiciary’s commitment to alternative dispute resolution mechanisms as an indispensable first step in the litigation process for commercial disputes.

By mandating mediation under Section 12A of the Commercial Courts Act, the Supreme Court aims to ensure that commercial disputes are resolved with the highest level of expedition, thus enhancing India’s appeal as a business-friendly jurisdiction. This legislative and judicial initiative not only sets the stage for a more efficient resolution of commercial disputes but also aligns India with international dispute resolution paradigms, marking a significant stride towards achieving judicial efficiency and promoting the ease of doing business.

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Introduction

Summary suits represent a specialized legal mechanism within the Indian civil procedure framework, designed to expedite the resolution of commercial disputes where the defendant lacks substantial defence. Governed by Order XXXVII of the Code of Civil Procedure, 1908 (CPC), summary procedures serve as an essential tool for ensuring swift justice in cases involving negotiable instruments and liquidated claims. The fundamental objective of this procedural innovation is to prevent frivolous defences and unnecessary delays in commercial litigation, particularly where the plaintiff’s claim is based on clear documentary evidence.

The summary suit procedure operates on the principle that certain classes of claims, particularly those arising from commercial transactions, require expeditious adjudication to maintain confidence in the commercial ecosystem. This specialized procedure places the burden on the defendant to demonstrate a substantial defence before being granted leave to contest the suit, thereby reversing the traditional burden of proof paradigm found in ordinary civil suits.

Historical Background and Legislative Intent

Order XXXVII was originally confined to suits on negotiable instruments and was limited to superior courts. However, the Code of Civil Procedure (Amendment) Act, 1976 significantly expanded its scope and applicability. The amendment extended the summary procedure to trial of specified classes of cases by all courts, recognizing the growing need for expeditious commercial dispute resolution.

The legislative intent behind summary suits stems from the commercial law principle that business transactions require certainty and speed in enforcement. The procedure acknowledges that in commercial dealings, particularly those involving negotiable instruments, the liability is often clear and undisputed. Therefore, allowing defendants to prolong litigation through technical or frivolous defences would undermine commercial confidence and impede trade.

Statutory Framework and Applicability

Courts Having Jurisdiction

Rule 1 of Order XXXVII establishes the territorial and subject-matter jurisdiction for summary suits. The provision states that summary suits may be instituted in:

1. High Courts
2. City Civil Courts
3. Courts of Small Causes
4. Other courts as notified by the High Court

The High Court possesses the authority to restrict, enlarge, or vary the categories of suits to be brought under Order XXXVII through notifications in the Official Gazette. This flexibility allows High Courts to adapt the summary procedure to local commercial requirements and judicial capacity.

Classes of Suits Covered

Rule 1(2) of Order XXXVII specifically enumerates the classes of suits to which summary procedure applies:

Bills of Exchange, Hundies, and Promissory Notes: These negotiable instruments form the core of summary suits, reflecting their commercial importance and the clear nature of obligations they create.

Recovery of Debt or Liquidated Demand: The suit must seek recovery of a fixed amount arising from:

• Written contracts where the sum payable is ascertained
• Statutory provisions (enactments) where the recoverable amount is fixed or debt-like in nature
• Guarantees relating to debt or liquidated demands

The term “liquidated demand” refers to claims for fixed sums, distinguishing them from unliquidated damages that require judicial assessment. This distinction is crucial as it determines the applicability of summary procedure.

Procedural Requirements for Institution

Plaint Requirements

Rule 2 of Order XXXVII mandates specific requirements for instituting summary suits. The plaint must contain:

1. Specific Averment: A clear statement that the suit is filed under Order XXXVII
2. Relief Limitation: Confirmation that no relief falling outside Order XXXVII’s scope has been claimed
3. Title Inscription: The notation “(Under Order XXXVII of the Code of Civil Procedure, 1908)” must appear below the suit number

These requirements serve multiple purposes: they alert the court to the special nature of the proceedings, ensure that plaintiffs do not inappropriately invoke summary procedure for non-qualifying claims, and provide clear notice to defendants about the expedited nature of the proceedings.

Service of Process

The defendant must be served with:

• Copy of the plaint and annexures
• Summons in prescribed Form No. 4 from Appendix B
• Clear notice of the 10-day time limit for appearance

This streamlined service process reflects the commercial urgency underlying summary suits while ensuring due process requirements are met.

Detailed Procedural Framework

Defendant’s Entry of Appearance

Upon service of summons, the defendant has ten days to enter appearance either in person or through a pleader. The defendant must file an address for service of notices, ensuring continued communication throughout the proceedings. Failure to enter appearance within the prescribed time limit results in an ex parte decree in favor of the plaintiff.

Summons for Judgment

When the defendant enters appearance, the plaintiff must serve a summons for judgment in Form 4-A. This summons must be accompanied by an affidavit stating:

• The basis of the cause of action
• The sum claimed
• The plaintiff’s belief that there is no defence to the suit

This procedure effectively shifts the burden to the defendant to demonstrate the existence of a substantial defence.

Application for Leave to Defend

The defendant must apply for leave to defend within ten days of service of the summons for judgment. This application requires disclosure of facts sufficient to establish a substantial defence. The court may grant leave unconditionally or upon such terms as appear just.

Rule 3(5) of Order XXXVII provides that leave to defend shall not be refused unless the court is satisfied that the facts disclosed do not indicate a substantial defence or that the defence is frivolous or vexatious. Additionally, where part of the claimed amount is admitted by the defendant, leave to defend shall not be granted unless the admitted amount is deposited in court.

Principles Governing Leave to Defend

Supreme Court Guidelines in IDBI Trusteeship Services Ltd. v. Hubtown Ltd.

The Supreme Court in IDBI Trusteeship Services Ltd. v. Hubtown Ltd. [1] established comprehensive guidelines for granting or refusing leave to defend in summary suits:

Substantial Defence Standard: If the defendant satisfies the court that he has a substantial defence likely to succeed, the plaintiff is not entitled to judgment, and the defendant is entitled to unconditional leave to defend.

Fair or Reasonable Defence: Where the defendant raises triable issues indicating a fair or reasonable defence, although not positively good, the defendant is ordinarily entitled to unconditional leave to defend.

Conditional Leave: If doubt exists about the defendant’s good faith or the genuineness of triable issues, the court may grant conditional leave requiring payment into court or furnishing security.

Plausible but Improbable Defence: Where the defence is plausible but improbable, conditional leave may be granted with appropriate safeguards.

Frivolous or Vexatious Defence: If the defendant has no substantial defence and raises no genuine triable issues, leave to defend shall be refused, and the plaintiff is entitled to judgment forthwith.

Partial Admission: Where part of the claimed amount is admitted, leave to defend shall not be granted unless the admitted amount is deposited in court.

Judicial Discretion and Standards

The exercise of judicial discretion in granting leave to defend must be based on objective criteria rather than arbitrary considerations. Courts must carefully balance the commercial need for expedition against the defendant’s right to a fair hearing. The standard is not whether the defendant will ultimately succeed but whether there are genuine triable issues requiring full adjudication.

Decree and Execution in Summary Suits

Circumstances for Decree

The plaintiff becomes entitled to a decree in the following circumstances:

1. Non-appearance: When the defendant fails to enter appearance within the prescribed time
2. Failure to Apply: When the defendant enters appearance but fails to apply for leave to defend
3. Refusal of Leave: When the application for leave to defend is refused
4. Non-compliance: When the defendant granted conditional leave fails to comply with the imposed conditions

Expeditious Execution

Summary decrees are designed for swift execution, reflecting their commercial purpose. The streamlined nature of summary suits extends to the execution phase, where ordinary procedural delays are minimized.

Setting Aside Ex Parte Decrees

Special Circumstances Standard

Rule 4 of Order XXXVII provides for setting aside ex parte decrees in summary suits. Unlike ordinary suits where “sufficient cause” is required, summary suits mandate “special circumstances” for setting aside ex parte decrees. This heightened standard reflects the commercial nature of summary suits and the need to prevent routine challenges to expedited judgments.

Distinction Between Sufficient Cause and Special Circumstances

The Supreme Court has consistently held that “special circumstances” constitute a more stringent standard than “sufficient cause” applicable in ordinary suits. Special circumstances must be of such nature that it was almost impossible for the defendant to appear before the court. For instance, a general strike causing complete transportation breakdown might constitute special circumstances, while missing a bus would not.

Dual Requirement

To set aside an ex parte decree in a summary suit, the defendant must satisfy two requirements:

1. Demonstrate special circumstances preventing appearance
2. Show facts that would entitle him to leave to defend

This dual requirement ensures that ex parte decrees are not set aside without substantive merit.

Relationship with Section 10 CPC: The Res Sub Judice Doctrine

The Indian Bank v. Maharashtra State Cooperative Marketing Federation Ltd. Principle

A significant jurisprudential development occurred in Indian Bank v. Maharashtra State Cooperative Marketing Federation Ltd. [2], where the Supreme Court addressed the applicability of Section 10 CPC (res sub judice) to summary suits.

Court’s Reasoning and Holding

The Supreme Court held that the bar under Section 10 CPC is not applicable to summary suits in their pre-trial phase. The court reasoned that in summary suits, the “trial” begins only after the court grants leave to defend. Before that stage, the proceedings are essentially administrative and aimed at determining whether a trial is necessary.

Harmonious Interpretation

The court emphasized the need for harmonious interpretation of Section 10 and Order XXXVII, ensuring that the objectives of both provisions are preserved. While Section 10 prevents conflicting decisions in parallel suits, Order XXXVII ensures swift justice where defendants lack substantial defence.

Practical Implications

This interpretation allows summary suits to proceed to the stage of hearing summons for judgment even when an ordinary suit on the same cause of action is pending. This preserves the commercial utility of summary suits while maintaining safeguards against conflicting judgments.

Regulatory Framework and Compliance

High Court Notifications

High Courts regularly issue notifications defining the scope and applicability of Order XXXVII within their jurisdiction. These notifications may:

• Specify categories of courts empowered to try summary suits
• Define monetary limits for summary suits
• Establish procedural modifications suited to local conditions

Commercial Courts Integration

The Commercial Courts Act, 2015 has integrated summary suits within the broader framework of commercial dispute resolution. Commercial courts must apply Order XXXVII with appropriate modifications to ensure expeditious disposal of commercial cases.

Electronic Filing and Case Management

Modern judicial administration increasingly emphasizes electronic filing and case management systems for summary suits. These technological improvements further enhance the speed and efficiency that Order XXXVII seeks to achieve.

Comparative Analysis with Ordinary Suits

Fundamental Distinctions

The table below illustrates key differences between summary and ordinary suits:

Procedural Efficiency

Summary suits eliminate several procedural steps common in ordinary suits:

• No automatic right to file written statement
• No discovery process unless leave is granted
• Streamlined evidence procedures
• Expedited judgment delivery

Contemporary Relevance and Commercial Importance

Digital Economy Adaptation

The rise of digital commerce has increased the relevance of summary suits. Electronic transactions, digital contracts, and online payment systems often generate disputes requiring rapid resolution. Summary suits provide an appropriate forum for such commercial disputes.

Financial Sector Applications

Banks, financial institutions, and non-banking financial companies extensively utilize summary suits for:

• Recovery of loan defaults
• Enforcement of guarantee obligations
• Collection of credit card dues
• Realization of security instruments

Cross-Border Commercial Disputes

In an increasingly globalized economy, summary suits serve as an efficient mechanism for enforcing international commercial obligations within Indian jurisdiction, particularly where the liability is clear and documentary evidence is available.

Challenges and Judicial Responses

Abuse Prevention

Courts remain vigilant against potential abuse of summary procedure. Plaintiffs attempting to circumvent ordinary suit requirements by inappropriately invoking Order XXXVII face court sanctions and adverse cost orders.

Balance Between Speed and Justice

The judiciary continuously balances the need for commercial expedition against fundamental rights to fair hearing. Recent judgments emphasize that speed cannot compromise substantive justice.

Technology Integration

Courts are increasingly adopting technology to enhance summary suit efficiency while maintaining procedural safeguards. Video conferencing, electronic service, and digital evidence presentation have become common features.

Conclusion

Summary suits under Order XXXVII of the Code of Civil Procedure, 1908 represent a crucial component of India’s commercial dispute resolution framework. The procedure successfully balances the commercial need for expeditious justice against the fundamental right to fair hearing. Through careful judicial interpretation and legislative refinement, summary suits have evolved into an effective tool for maintaining commercial confidence and facilitating trade.

The jurisprudential developments, particularly the Supreme Court’s decisions in IDBI Trusteeship Services Ltd. v. Hubtown Ltd. and Indian Bank v. Maharashtra State Cooperative Marketing Federation Ltd., have clarified the scope and application of summary procedures. These landmark judgments ensure that summary suits remain relevant and effective in the contemporary commercial environment.

As India’s economy continues to evolve and digital commerce expands, summary suits will likely assume even greater importance in commercial dispute resolution. The procedure’s flexibility, combined with judicial wisdom in its application, positions it as an enduring feature of Indian civil procedure law.

The effectiveness of summary suits ultimately depends on their proper utilization by practitioners and consistent interpretation by courts. When applied appropriately, they serve the dual purpose of protecting legitimate commercial interests while preventing abuse of legal process. This balance makes summary suits an exemplary model of procedural law designed to serve practical commercial needs while maintaining judicial integrity.

References

[1] IDBI Trusteeship Services Ltd. v. Hubtown Ltd., (2017) 1 SCC 568. Available at: https://www.legallyindia.com/views/entry/idbi-trusteeship-v-hubtown-supreme-court-gives-a-fillip-to-structured-investments/ 

[2] Indian Bank v. Maharashtra State Cooperative Marketing Federation Ltd., AIR 1998 SC 1952. Available at: https://indiankanoon.org/doc/1039543/ 

[3] Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal, AIR 1962 SC 527. Available at: https://indiankanoon.org/doc/5192/ 

[4] Order XXXVII, Code of Civil Procedure, 1908. Available at: https://www.indiacode.nic.in/bitstream/123456789/2191/1/A1908-05.pdf 

[5] Rule 1, Order XXXVII, Code of Civil Procedure, 1908. Available at: https://www.latestlaws.com/section/334/2731/order-37-summary-procedure/ 

[6] Rule 2, Order XXXVII, Code of Civil Procedure, 1908. Available at: https://www.aaptaxlaw.com/code-of-civil-procedure/order-xxxvii-code-of-civil-procedure-rule-1-2-3-4-5-6-7-summary-procedure-order-37-of-cpc-1908-code-of-civil-procedure.html 

[7] Rule 3, Order XXXVII, Code of Civil Procedure, 1908. Available at: https://blog.ipleaders.in/order-37-cpc-1908/ 

[8] Navinchandra Babulal Bhavsar v. Bachubhai Dhanabhai Shah (1967), Gujarat High Court. Referenced in: https://blog.ipleaders.in/order-37-cpc-1908/ 

[9] Commercial Courts Act, 2015. Available at: https://www.legalserviceindia.com/legal/article-10649-order-37-of-the-code-of-civil-procedure-1908.html 

[10] Legal Service India – Order 37 of the Code of Civil Procedure, 1908. Available at: https://www.legalserviceindia.com/legal/article-10649-order-37-of-the-code-of-civil-procedure-1908.html 

[11] Mange Ram vs. Raj Kumar Yadav, RFA No. 623 of 2018, Delhi High Court. Referenced in: https://www.tclindia.in/defendant-is-entitled-to-unconditional-leave-to-defend-a-summary-suit-if-he-has-a-substantial-defence-with-triable-issues-which-is-likely-to-succeed/ 

[12] Supreme Court Guidelines on Summary Suits. Available at: https://lawinsider.in/judgment/landmark-judgement-idbi-trusteeship-services-ltd-v-hubtown-ltd-2017 

[13] Order 37 Analysis by iPleaders. Available at: https://blog.ipleaders.in/order-37-cpc-1908/ 

[14] Bombay High Court Commercial Suits Order. Available at: https://www.lexology.com/library/detail.aspx?g=e225e7a9-2f68-4015-a0e6-6af7047e0129 

[15] The Edu Law – Order 37 CPC Analysis. Available at: https://theedulaw.com/order-37-of-cpc-1908/ 

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