7. Procedure of an action

7. The procedure of an action may be either “regular” or “summary” 

Illustrations 

In actions of which the procedure is regular, the person against whom the application is made is called upon to formally state his answer to the case which is alleged against him in the application before any question of fact is entertained by the court or its discretion thereon is in any degree exercised. 

In actions of which the procedure is summary, the applicant simultaneously with preferring his application supports with proper evidence the statement of fact made therein; and if the court in it’s discretion considers that a prima facie case is thus made out- 

(a) either the order sought is immediately passed against the defendant before he has been afforded an opportunity of opposing it, but subject to the expressed qualification that it will only take effect in the event of his not showing any good cause against it on a day appointed therein for the purpose; 

(b) or a day is appointed by the court for entertaining the matter of the application on the evidence furnished, and notice is given to the defendant that he will be heard in opposition to it on that day if he thinks proper to come before the court for that purpose. 

Summary procedure can only be adopted in cases to which it is expressly made applicable by the Code. 

Pitche Bawa Vs. Meera Lebbe (2 Ceylon Law Report 174) 

Code itself provide for all cases in which actions may be taken by way of summary procedure. 

In Re, Abdul Azeez (1 N.L.R. 196)