ABSTRACT
Developing countries require efficient debt recovery procedures in order to fuel their ambitious development programmes and economic growth. In most developing countries however, debt recovery is in crisis. A lender seeking to recover money it has lent together with unpaid interest thereon has the right to institute a suit in any civil court that has jurisdiction against a defaulting borrower and to seek recovery from court. Both in India and Sri Lanka, civil suits are governed by the respective Codes of Civil Procedure. A debt recovery suit can be commenced either by a writ of summons, originating summons, originating motion or petition, the most common form of procedure being the one instituted by a writ of summons. The objective underlying summary procedure is to enable a plaintiff to obtain a judgement without delay, preventing a defendant unreasonably obstructing the litigation process, by advancing spurious defences.
