Summary suit under Order XXXVII at a glance
- What it is for: a fast-track civil suit to recover a fixed sum of money due on a bill of exchange, hundi, promissory note, written contract, enactment or guarantee – not damages, not possession.
- Where it is filed: the civil court that has pecuniary jurisdiction over the amount; in Delhi, claims above ₹2 crore go to the Delhi High Court and commercial claims above ₹3 lakh go to the Commercial Courts constituted under the Commercial Courts Act, 2015.
- The two ten-day windows: the defendant must enter appearance within 10 days of service of summons, and apply for leave to defend within 10 days of service of the summons for judgment; miss either and the plaintiff gets a decree.
- Leave to defend: granted unconditionally only where a substantial, bona fide defence is shown; otherwise refused or made conditional on depositing all or part of the claim (IDBI Trusteeship Services v. Hubtown Ltd., Supreme Court, 2016).
- Limitation: three years, running from the date the money became due (Limitation Act, 1963 – Articles 34–35 for negotiable instruments, Article 55 for written contracts).
- Court fee: ad valorem on the amount claimed – use our Delhi court fee and jurisdiction calculator.
Reviewed and updated by Century Law Firm, Delhi – October 2026. Statutory references are to the Acts as in force on that date.
Order 37 of Civil Procedure Code, 1908 (Fast Track Procedure for Money/Payment Recovery):
Rule 1 Order XXXVII of Code of Civil Procedure 1908 “Court and classes of suits to which the Order is to apply”
(1) This Order shall apply to the following Courts, namely :-
(a) High Courts, City Civil Courts and Courts of Small Causes: and
(b) other Courts:
Provided that in respect of the Courts referred to in clause (b), the High Court may, by notification in the Official Gazette, restrict the operation of this Order only to such categories of suits as it deems proper, and may also, from time to time, as the circumstances of the case may require, by subsequent notification in the official Gazette, further restrict, enlarge 6r vary, the categories of suits to be brought under the operation of this Order as it deems proper.
(2) Subject to the provisions of sub-rule (1), the Order applies to the following classes of suits, namely:-
(a) suits upon bills of exchange, hundies and Promissory notes:
(b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising,-
(i) on a written contract, or
(ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or
(iii) on a guarantee, Where the claim against the principal is in respect of a debt or liquidated demand only.
Rule 2 Order XXXVII of Code of Civil Procedure 1908 “Institution of summary suits”
(1) A suit, to which this Order applies, may if the plaintiff proceed desires to desires hereunder, be instituted by presenting a plaint which shall contain,-
(a) a specific averment to the effect that the suit is filed under this Order;
(b) that no relief, which does not fall within the ambit of this rule; has been claimed in the plaint; and
(c) the following inscription, immediately below the number of the suit in the title of the suit, namely :-
“(Under Order XXXVII of the Code of Civil Procedure, 1908).”
(2) The summons of the suit shall be in Form No. 4 in Appendix B or in such other Form as may, from time to time, be prescribed.
(3) The defendant shall not defend the suit referred to in sub-rule (1) unless he enters an appearance and in default of his entering an appearance the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree for any sum, not exceeding the sum mentioned in the summons, together with interest at the rate specified, if any, up to the date of the decree and such sum for costs as may be determined by the High Court from time to time by rules made in that behalf and such decree may be executed forthwith.
Rule 3 Order XXXVII of Code of Civil Procedure 1908 “Procedure for the appearance of defendant”
(1) In a suit to which this Order applies, the plaintiff shall, together with the summons under rule 2, serve on the defendant a copy of the plaint and annexures thereto and the defendant may, at any time within ten days of such service, enter an appearance either in person or by pleader and, in either case, he shall file in Court an a address for service of notices on him.
(2) Unless otherwise ordered, all summonses, notices and other judicial processes, required to be served on the defendant, shall be deemed to have been duly served on him if they are left at the address given by him for such service.
(3) On the day of entering the appearance, notice of such appearance shall be given by the defendant to the plaintiff’s pleader, or, if tile plaintiff sues in person, to the plaintiff himself, either by. notice delivered at or sent by a pre-paid letter directed to the address of the plaintiff’s pleader or of the plaintiff, as the case may be.
(4) if the defendant enters an appearance, the plaintiff shall thereafter serve on the defendant a summons for judgment in Form No. 4A in Appendix B or such other Form as may be prescribed from time to time, returnable not less than ten days from the date of service supported by an affidavit verifying the cause of action and the amount claimed and stating that in his belief there is no defence to the suit.
(5) The defendant may, at any time within ten days from the service of such summons for judgment, by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms as may appear to the Court or Judge to be just:
Provided that leave to defend shall not be refused unless the Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous vexatious:
Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due is deposited by the defendant in Court.
(6) At the hearing of such summons for judgment,-
(a) if the defendant has not applied for leave to defend, or if such application has been made and is refused, the plaintiff shall be entitled to judgment forthwith; or
(b) if the defendant is permitted to defend as to the whole or any part of the claim, the Court or Judge may direct him to give such security and within such time as may be fixed by the Court or Judge and that, on failure to give such security within the time specified by the Court or Judge or to carry out such other directions as may have been given by the Court or Judge, the plaintiff shall be entitled to judgment forthwith.
(7) The Court or Judge may, for sufficient cause shown by the defendant, excuse the delay of the defendant in entering an appearance or in applying for leave to defend the suit.
Rule 4 Order XXXVII of Code of Civil Procedure 1908 “Power to set aside decree”
After decree the Court may, under special circumstances set aside the decree, and if necessary stay or set aside execution, and may give leave to the defendant to appear to the summons and to defend the suit, if it seems reasonable to the Court so to de, and on such terms as the Court thinks fit.
Rule 5 Order XXXVII of Code of Civil Procedure 1908 “Power to order bill, etc., to be deposited with officer of Court”
In any proceeding under this Order the Court may order the bill, hundi or note on which the suit is founded to be forthwith deposited with an officer of the Court, and may further order that all proceedings shall be stayed until the plaintiff gives security for the costs thereof.
Rule 6 Order XXXVII of Code of Civil Procedure 1908 “Recovery of cost of noting non-acceptance of dishonoured bill or note”
The holder of every dishonoured bill of exchange or promissory note shall have the same remedies for the recovery of the expenses incurred in noting the same for non-acceptance or non-payment, or otherwise, by reason of such dishonour, as he has under this Order for the recovery of the amount of such bill or note.
Rule 7 Order XXXVII of Code of Civil Procedure 1908 “Procedure in suits”
Save as provided by this Order, the procedure in suits hereunder shall be the same as the procedure in suits instituted in the ordinary manner.
The Code of Civil Procedure (CPC), 1908, provides various mechanisms for the speedy disposal of civil cases in India. One of the most effective tools for recovering money is the Summary Suit.
Order XXXVII of the CPC provides a fast-track legal mechanism specifically designed for the recovery of money. The main objective of a summary suit is to provide a quick and efficient legal remedy to recover debts or liquidated demands without initially going through the protracted process of a regular civil suit.
What Cases Fall Under Order XXXVII?
The summary suit procedure is not available for every type of civil dispute. It only applies where the plaintiff seeks to recover a debt or liquidated demand in money arising from:
- Written Contracts: Any formal written agreement where a specific sum is due.
- Negotiable Instruments: Suits based on bills of exchange, hundies, and promissory notes.
- Enactments: Where the sum sought is a fixed amount of money or a statutory debt (excluding penalties).
- Guarantees: Where the claim against the principal debtor is strictly in respect of a debt or liquidated demand.
This order applies to designated courts, including High Courts, City Civil Courts, and Courts of Small Causes.
Key Features of Summary Suits
A summary suit is an exceptional legal action taken when the plaintiff has a clear, documented claim against the defendant.
- Speedy Disposal: It is a fast-track legal proceeding designed to resolve financial disputes quickly.
- Expedited Hearings: The court expedites the hearing process, significantly reducing the typical litigation timeline.
- Restricted Right to Defend: In a regular civil suit, a defendant has an automatic right to defend themselves. In a summary suit, the defendant must actively seek the court’s permission (Leave to Defend) by proving they have a genuine, substantial defense.
- No Unnecessary Trials: A full trial only occurs if the court finds that the defendant’s dispute is genuine. If the defense is found to be frivolous, a decree is passed immediately.
Step-by-Step Procedure for Filing a Summary Suit
To successfully execute a summary suit, strict procedural compliance is mandatory.
- Filing the Plaint: The plaintiff institutes the suit by presenting a plaint. Crucially, the plaint must contain a specific averment stating that the suit is filed under Order XXXVII of the CPC.
- Service of Summons: The court issues a special summons (in Form No. 4) along with a copy of the plaint and annexures, which is served to the defendant.
- Entering an Appearance: Upon receiving the summons, the defendant has strictly 10 days to enter an appearance in court. If the defendant fails to appear, the allegations in the plaint are deemed admitted, and the plaintiff is immediately entitled to a decree.
- Summons for Judgment & Leave to Defend: If the defendant successfully enters an appearance, the plaintiff must then serve a “Summons for Judgment”. The defendant then has 10 days to file an affidavit applying for “Leave to Defend”. This affidavit must disclose facts showing a substantial defense.
- The Court’s Decision: * Decree Granted: If the court finds the defense is vexatious or non-existent, it will refuse the leave to defend and pass judgment forthwith in favor of the plaintiff.
- Suit Converts to Regular Trial: If the court determines there is a genuine dispute, it will grant the defendant leave to defend (sometimes on the condition of depositing a security amount). The defendant can then file a Written Statement, and the case proceeds similarly to a regular civil trial.
Leave to defend: the test the courts apply
Everything in a summary suit turns on the application for leave to defend under Rule 3(5). The Supreme Court restated the law in IDBI Trusteeship Services Ltd. v. Hubtown Ltd. (2017) 1 SCC 568, replacing the older Mechelec Engineers (1977) formulation. The principles are:
- If the defendant satisfies the court that it has a substantial defence – one likely to succeed – leave is granted unconditionally.
- If the defendant raises triable issues showing a fair, bona fide or reasonable defence, although not a positively good one, leave is again unconditional.
- If the defendant raises triable issues but the court doubts the good faith of the defence, leave may be conditional – on depositing the whole or part of the claim or furnishing security.
- If the defence appears plausible but improbable, leave is granted on condition of deposit of the amount claimed or a substantial part of it.
- If the defendant has no substantial defence or the defence is frivolous or vexatious, leave is refused and the plaintiff is entitled to judgment forthwith.
- Where the defendant admits part of the claim, leave cannot be granted unless the admitted amount is deposited in court (second proviso to Rule 3(5)).
In practice, a defendant who has a real answer to the claim – payment already made, forgery, no consideration, a set-off arising from the same contract – should set it out specifically in the affidavit with documents. Vague denials or a bare plea of “no liability” are routinely treated as frivolous and leave is refused.
Summary suits in Delhi today: Commercial Courts and summary judgment
Since the Commercial Courts Act, 2015 (as amended in 2018), a money claim of ₹3 lakh or more that arises out of a “commercial dispute” – for example an unpaid invoice between businesses, a loan to a company, or a dishonoured cheque issued in a commercial transaction – must be filed before the Commercial Court (District Judge level) or, above ₹2 crore, the Commercial Division of the Delhi High Court. Order XXXVII continues to apply to such suits, and the Act adds a second fast track: Order XIII-A, under which either party can seek summary judgment without trial if the other side has no real prospect of succeeding. Pre-institution mediation under Section 12A is mandatory in commercial suits unless urgent interim relief is sought.
For a dishonoured cheque the payee usually has two parallel remedies: the criminal complaint under Section 138 of the Negotiable Instruments Act and a summary suit on the cheque itself (a cheque is a bill of exchange). Banks and financial institutions recovering ₹20 lakh or more use the Debt Recovery Tribunal instead of a civil suit.
Legal Remedies Against a Summary Decree
A common misconception is that a decree passed in a summary suit is final and completely non-appealable. However, an aggrieved defendant has clear statutory remedies:
- Application to Set Aside the Decree (Order XXXVII Rule 4): If the decree was passed ex-parte (because the defendant failed to appear or apply for leave), the court may, under special circumstances, set aside the decree and allow the defendant to appear and defend the suit.
- Regular Appeal (Section 96 of CPC): Because a judgment under Order XXXVII results in a formal decree under Section 2(2) of the CPC, the defendant retains the statutory right to file a regular civil appeal against it in a higher court.
Advantages and Limitations
Advantages: For plaintiffs, summary suits prevent defendants from unnecessarily delaying recovery using frivolous defenses. It ensures that clear-cut commercial and contractual disputes are resolved rapidly. Limitations: The scope is limited strictly to undisputed debts, written contracts, and negotiable instruments. If the transaction relies on oral agreements or complex mixed questions of fact and law, a regular civil suit is required.
Frequently asked questions
No. Order XXXVII covers only a debt or liquidated demand – a fixed sum that is already due – under a written contract, an enactment, a guarantee or a negotiable instrument. Damages that a court must assess, or claims resting only on an oral agreement, go by way of an ordinary suit.
If the defendant does not appear or leave to defend is refused, a decree can follow within a few months of service. If unconditional leave is granted, the suit is tried like an ordinary suit and the timeline depends on the court’s board, although Commercial Courts work to the stricter timelines of the Commercial Courts Act.
The plaint’s allegations are deemed admitted and the plaintiff is entitled to a decree for the amount claimed with interest and costs (Rule 2(3)). The court can excuse the delay for sufficient cause (Rule 3(7)) and, after a decree, can set it aside in special circumstances (Rule 4), but the defendant must move quickly and explain the delay.
Yes. The court can award the contractual rate up to the date of the suit and reasonable interest from the suit to the decree and until payment (Section 34 CPC); in commercial disputes the Commercial Courts Act directs courts to consider the prevailing commercial rate.
Yes, a decree in a summary suit is a decree like any other and a first appeal lies under Section 96 CPC (or Section 13 of the Commercial Courts Act for commercial suits). A defendant can also apply under Rule 4 to set the decree aside.
Conclusion
The summary suit procedure under Order XXXVII is a powerful, highly technical tool for debt recovery. Because strict timelines (like the 10-day appearance window) are unforgiving, procedural missteps can instantly cost a party their case.
Navigating the intricacies of Order XXXVII requires a comprehensive legal strategy. Century Law Firm, operating out of Tis Hazari Courts in Delhi, has a dedicated team of lawyers with extensive experience specializing in Summary Suit litigation. Our advocates work closely with clients to assess the strengths of their claims, draft precise pleadings, and deliver timely, effective legal solutions.
