AIR 2009 (NOC) 335 (BOM.) = 2008 (6) AIR BOM R 342 (DB) ::2008 (6) AIR Bom R 342 ::2009 A I H C 650 ::(2008) 4 AllMR 379 (BOM) ::(2009) 1 Bom CR 453 ::(2009) 3 BankCas 117 ::(2009) 1 CurCC 15

Bombay High Court

Hon'ble Judge(s): Swatanter Kumar, J. P. Devadhar , JJ

(A) Civil Procedure Code (5 of 1908) O. 37, R. 2— Summary suit — Maintainability — Plaintiff is to satisfy Court that suit is maintainable under O 37 and relief claimed in suit is not falling outside ambit and scope of said provision — Certificate for tax deduction at source (TDS) is an acknowledge of deduction of tax at source — It does not refer to any contract between parties or any transaction — TDS Certificate is not a document falling in any of clauses stated under O 37, R 2 — No other document except TDS Certificate placed on record to show that ingredients of O 37 were satisfied — Plaintiff cannot claim benefit of summary procedure {" It is a settled principle of law that before a plaintiff can bring a suit to be tried under the special summary procedure provided under Order 37 of the Code, it is obligatory on the part of the plaintiff to satisfy the Court that the suit as framed is not only maintainable under the provisions of Order 37 of the Code but no reliefs whatsoever have been claimed in the suit that are falling outside the ambit and scope of the said provision. The bare reading of Order 37, Rule 2 shows that these provisions have a restricted application and the order applies only to the class of suits specifically mentioned in the rule. A suit based upon bill of exchange, hundi, promissory note to recover a debt or liquidated demand payable by the plaintiff to the defendant with or without interest b....