Honble SHARMA, J. – Legislature intended that summary suits should be disposed expeditiously. Clause 87 (Sub clause (1) of S.O.R. (Gaz. of India 8.4.74, Part II, S. 2 Ext. P. 334) reads as under :

``Clause 87- Sub Clause (i). – Order 37 provides for a summary procedure in respect of certain suits. The essence of the summary suit is that the defendant is not, as in an ordinary suit, entitled as of right to defend the suit, he must apply for leave to defend within ten days from the date of the service of the summons upon him and such leave will be granted only if the affidavit filed by the defendant discloses such facts as will make it incumbent upon the plaintiff to prove consideration or such other facts as the court may deem sufficient for granting leave to the defendant to appear and defend the suit. If no leave to defend is granted, the plaintiff is entitled to a decree. The object underlying the summary procedure is to prevent unreasonable obstruction by a defendant who has no defence. The order, however, confined to suits of negotiatble instruments and is confined to superior courts. Rule 1 is being substituted to provide for extending the summary procedure to the trial of spec

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