Conversion of Summary Suit to Long Cause Suit Mandates Issuance of Fresh Summons Before Proceeding Ex-Parte

The Appellant insurance company challenged a judgment dated March 15, 2025, which had decreed a commercial suit in favor of the Respondent

Initially, the Respondent filed a summary suit under Order 37 of the CPC for money recovery

On September 3, 2024, the trial court determined the suit did not meet the criteria for a summary suit and converted it into a "long cause suit"

Simultaneously, the trial court allowed an application to proceed ex-parte because the defendant had not appeared during the summary stage

The Appellant contended that the trial court failed to issue fresh summons after the nature of the suit was changed

1. Whether a commercial court can proceed ex-parte in a long cause suit based solely on a defendant's non-appearance in the prior summary suit proceedings

2. Whether the trial court was required to issue fresh summons to the defendant after converting a summary suit under Order 37 CPC into a regular long cause suit

Section 13 of the Commercial Courts Act, 2015, governing appeals from commercial court decrees

Order 37 of the Code of Civil Procedure, 1908, regarding summary suits and the transition to regular civil procedure (long cause)

Section 12 of the Commercial Courts Act, 2015, regarding Pre-Institution Mediation and the implications of a "Non-Starter Report" on subsequent litigation

The High Court found that the trial court committed a procedural error. While the Respondent argued that the Appellant was aware of the dispute due to unsuccessful Pre-Institution Mediation and previous summary summons, the Bench held that such knowledge did not waive the court's duty to follow standard procedure

The court reasoned that once a suit is converted from a summary suit to a regular long cause suit—specifically because it was found not maintainable under Order 37—it becomes mandatory for the court to issue fresh summons

Proceeding ex-parte on the basis of the order that converted the suit style was deemed a "grave error of law"

The Commercial Civil Suit was restored to the trial court for fresh adjudication. The Court directed both parties to appear before the trial court on August 17, 2026, and instructed the trial court to conclude the proceedings preferably within one year. No costs were awarded