Summary Suit – Order XXXVII of CPC

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.

Summary Suit – Order XXXVII of CPC

The Code of Civil Procedure (CPC) is a procedural law that governs the legal process of civil cases in India. One of the provisions under the CPC is Order XXXVII, which deals with summary suits. A summary suit is a legal proceeding that allows a plaintiff to obtain a quick and summary judgment against the defendant.

In this blog post, we will discuss the key features of summary suits, the procedure for filing a summary suit, and the advantages and disadvantages of using a summary suit.

Key features of summary suits A summary suit is a legal action that can be taken in cases where the plaintiff has a clear and undisputed claim against the defendant. The following are the key features of summary suits:

  1. Quick disposal: A summary suit is a fast track legal proceeding, and is designed to dispose of cases quickly and efficiently.
  2. Expedited hearing: The court is required to expedite the hearing of the case, and must conclude the trial within limited time.
  3. No trial: In a summary suit, there is no full-fledged trial. Instead, the case is decided based on the pleadings and evidence submitted by the parties.
  4. No appeals: The decision of the court in a summary suit is final, and there is no right of appeal. However, the defendant may apply for a review of the judgment if there is an error apparent on the face of the record.

Procedure for filing a summary suit To file a summary suit, the plaintiff must follow the procedure prescribed in Order XXXVII of the CPC. The following are the key steps involved in filing a summary suit:

  1. The plaintiff files a summary suit petition in the appropriate court. The petition must contain all the necessary details of the claim, including the nature of the claim, the amount claimed, and the grounds for the claim.
  2. The court will then examine the petition and decide whether the claim is a debt or a liquidated demand that arises out of a written contract, an enactment, or a guarantee. If the court is satisfied that the claim falls within this category, it will issue a summons to the defendant.
  3. The defendant must file a written statement within ten days from the date of service of the summons. The defendant must raise all their defences in the written statement, failing which they will be deemed to have admitted the plaintiff’s claim.
  4. After the written statement is filed, the court will proceed to examine the case and decide whether to grant or dismiss the summary suit. If the court finds that there is a genuine dispute, it will dismiss the summary suit and order the plaintiff to file a regular suit.
  5. If the court finds that there is no genuine dispute, it will pass a summary decree in favour of the plaintiff.

However, there are also some disadvantages to using a summary suit:

  1. Limited scope: Summary suits are only applicable in cases where the plaintiff has a clear and undisputed claim against the defendant.
  2. No full-fledged trial: In a summary suit, there is no full-fledged trial, and the case is decided based on the pleadings and evidence submitted by the parties.

The Code of Civil Procedure, 1908 provides for various mechanisms for the speedy disposal of cases. One of such mechanisms is the Summary Suit. Summary Suit is a legal proceeding in which the plaintiff seeks to recover the debt or liquidated demand in a swift and expedited manner. Order XXXVII of the Code of Civil Procedure, 1908, lays down the procedure for filing and adjudication of summary suits.

The main objective of a summary suit is to provide for a quick and efficient legal remedy to recover debts or liquidated demands without going through the normal process of a regular civil suit. The summary suit procedure is only available for cases where the plaintiff’s claim is a debt or a liquidated demand that arises out of a written contract, an enactment or on a guarantee. This means that if the plaintiff’s claim does not fall within this category, they cannot file a summary suit.

The summary suit procedure is beneficial for both parties. For the plaintiff, it provides a faster remedy and for the defendant, it provides an opportunity to defend the claim without being subjected to protracted and time-consuming litigation.

It is important to note that the summary suit procedure does not provide for an appeal against the summary decree. The only remedy available to the defendant is to file a regular suit challenging the decree.

In conclusion, the summary suit procedure is a speedy and efficient mechanism for the recovery of debts and liquidated demands. It provides an opportunity for the plaintiff to obtain a quick remedy and for the defendant to defend the claim without being subjected to protracted and time-consuming litigation. However, it is important to engage a competent and experienced lawyer who can guide the parties through the process and ensure a fair and just outcome. Century Law Firm has a team of experienced lawyers who are well-versed in the summary suit procedure and can assist clients in achieving a successful outcome in their legal matters.

In summary suit cases, it is crucial to have the representation of an experienced and skilled lawyer. A competent lawyer can navigate the intricacies of the Summary Suit procedure and provide a comprehensive legal strategy that ensures success in the case.

At Century Law Firm, we have a team of lawyers who specialize in Summary Suit cases and have extensive experience in representing clients in these matters. Our lawyers work closely with our clients to understand the nuances of the case, assess the strengths and weaknesses of the case, and develop an effective legal strategy to achieve a favourable outcome. Our lawyers are well-versed in the legal provisions and procedural aspects of Summary Suit cases and stay up-to-date with the latest developments in the law. With their expertise, our lawyers are able to provide our clients with timely and effective legal solutions, ensuring a swift resolution of the dispute.