CPC - Difference Between Summary Judgment and Summary Suit

Difference Between Summary Judgment and Summary Suit

Aspect	Summary Judgment	Summary Suit
Meaning	A court decision without full fledged trial if the judge finds no genuine issue of fact to be tried.	A special type of civil suit filed under Order XXXVII of the Code of Civil Procedure, for recovery of debt or liquidated money.
Applicable To	Generally applied in civil/commercial cases where one party has no valid defence.	Applies only to specific cases like bills of exchange, promissory notes, cheques, or debts where liability is clear.
Purpose	To avoid unnecessary trial and save time when facts are undisputed.	To ensure speedy recovery of money in clear debt cases.
Process	Either party can apply for summary judgment; judge examines pleadings and evidence, and if no real dispute exists, judgment is passed.	Plaintiff files a summary suit → Defendant must seek leave (permission) to defend within 10 days. If not granted, decree is passed quickly.
Scope	Broader – can apply to many civil cases (contracts, property disputes, commercial suits).	Narrower – limited to money claims based on written contracts, negotiable instruments, etc.
Indian Context	Introduced in Commercial Courts Act, 2015 for commercial disputes.	Provided under Order 37 CPC for money recovery suits.

Example

• Summary Judgment: A company sues another for breach of contract; defendant admits liability but disputes irrelevant points. Court may directly pass judgment without full trial.

• Summary Suit: A bank files a case to recover money based on a dishonoured cheque. Since liability is clear, the case proceeds as a summary suit under Order 37 CPC.

In short:

• Summary Judgment = A decision without trial (no real dispute).

• Summary Suit = A special fast-track procedure for debt/negotiable instrument recovery.