RAJAH INGUNTI VENKATARAYANIM VARU Vs. W H NURSE

JUDGEMENT

(1.) This reference has been necessitated by the judgment of Devadoss, J., in C.S. No. 877 of 1923 sitting on the Original Side of the High Court wherein the learned Judge held that under Order 6(a) of the High Court Rules of Practice a person suing on a negotiable instrument had an option to bring his suit in the ordinary form or under the summary procedure as he liked, the rules in the order, though in form peremptory, being in reality only directory and not mandatory; and that a suit by or against the legal representative of a party to a negotiable instrument and not by or against a party himself should be brought as an ordinary suit and not as a summary suit.

(2.) On both the above points it seems to us with all respect that the learned Judge s views cannot be supported. Rule 62 of Order 6(a) says that the

(3.) Order 37, Civil Procedure Code, no doubt gives an option to bring such a suit either in the summary form or in the ordinary form; for Rule 2(1) thereof says: