MAN SINGH Vs. RANVEER SINGH

JUDGEMENT

(1.) Petitioner has filed the present miscellaneous petition challenging order dtd. 13/8/2019 contained in Annexure-P/7. By said order, learned trial Court has held that case will be tried as regular suit and not as summary suit as complaint filed under Sec. 138 of Negotiable Instrument Act, 1881 was dismissed, thereafter appeal was also dismissed. Therefore, case for recovery of money involved complicated questions. Suit has been registered as Class-B suit and procedure adopted is like in regular suit. Plaintiff has not raised any objection at time of appearance of defendant that civil suit is filed as a summary suit and, therefore, it was ordered that civil suit shall be heard as regular suit.

(2.) Petitioner/plaintiff submitted that he had filed the suit in format of summary suit under Order 37 of CPC. Trial Court ought to have issued notice to defendant in Form-4 of Appendix-B of CPC.

(3.) It is submitted by counsel appearing for petitioner that act of Court may not cause injury or harm to a party. He relied on the maxim of actus curiae neminem gravabit.