Sanbagalakshmi Ammal, by Power of Attorney Agent S.R. Sriniyasan vs Ramakrishnan

Gokulakrishnan, J.—This revision petition is against an order passed in an unregistered summary suit of 1981, dated 17th November, 1981.

The respondent, though served, is absent.

Mr. T.S. Ramaswami, learned counsel represents the petitioner herein. The petitioner filed the suit to recover a sum of Rs. 2,330 being the

principal and interest due on a promissory note dated 18th January, 1979 as a summary procedure suit under O. 37 of the C.P.C. The learned

District Munsif of Cuddalore held that unless the High Court by notification in the official gazette specifies the court, to which such a procedure can

be applied, the District Munsif''s Court at Cuddalore cannot take up the suit of this nature and hence returned the plaint for necessary amendment.

It is against this order, the present revision petition has been filed.

O. 37, R. 1 of the C.P.C., reads as follows:

(1) This order shall apply to the following Courts, namely:--

(a) High Courts, City Civil Courts and Courts of Small Causes, and

(b) other courts;

Provided that, in respect of the courts referred to in Cl.(b) the High Court may, by notification in the official gazette, restrict the operation of this

order only to such categories of suits as it deems proper, and may also, from time to time, as the circumstances of the case may require, by

subsequent notification in the official Gazette, further restrict, enlarge or vary the categories of suits to be brought under the operation of this Order

as it deems proper:

(2) Subject to the provisions of sub R. (1), the order applies to the following classes of suits, namely--

(a) suits upon bills of exchange, hundies and promissory notes;

(b) suits in which the plaintiff seeks only to recover a debt or liquidated damages in money payable by the defendant, with or without interest,

arising-

(i) on a written contract; or

(ii) 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

(iii) on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only.

It is clear from this order that the High Court is expected to issue a notification in the official Gazette in order to restrict the operation of this Order

to certain categories of suits as it deems proper. As regards the other courts mentioned in O. 37, R. 1(b) of the Code of Civil Procedure. I do not

find any restriction as such visualised for trying such summary procedure suit by the District Munsif''s court. In as much as no restriction for the

present category of suit has been notified in the official Gazette, by the High Court, the District Munsif''s court can hear the present suit as a suit by

summary procedure, according to O. 37, C.P.C. In view of this finding the civil revision petition is allowed. The learned District Munsif is directed

to number the suit and try it under the provisions of the summary procedure contemplated in O. 37, C.P.C. No costs. The petitioner is directed to

represent the plaint within two weeks from this date.