www.Aaptaxlaw.com
 
 
 
 

How to file Recovery Suit under Order 37? What are the rules for filing Summary Suit under order 37 of Criminal Procedure Code 1908? How to file Order 37 Suit for recovery of money?

 

What is Order 37 Suit?

Civil Procedure Code Order 37 provides for the summary procedure. The provision has been made keeping in view certain suits, in order to prevent the unreasonable obstruction laid down by the defendant, who has no defence. Unlike other civil suits, the trial in summary suits begins after the court grants leave to the defendant to contest the suit. The court dealing with summary suits can pass the judgment in the favour of the plaintiff if (1) the defendant has not applied for leave to defend or if such application has been made but refused, or (2) the defendant who is permitted to defend fails to comply with the conditions on which the leave to defend was granted.

 HIGH COURT AMENDMENTS RELATED TO SUMMARY SUITS

Bombay, Goa, Daman and Diu.- In Order XXXVII, substitute the following sub-rule (1) for the existing sub-rule (1) of Rule 1 :-

“1. (i) This order shall apply to the following Courts, namely:-

(a) The High Courts, City Civil Courts and Courts of Small Causes; and

(b) Such other Courts as may be specifically empowered in this behalf by the High Court from time to time by a Notification in the Official Gazette:

Provided that in respect of the Courts referred to the clause (b), the High Court may, by notification in the Official Gazette, restrict the operation of this Order only to such categories or suits as it deems proper and may also from time to time, as the circumstance of the case may require, by subsequent notification in the Official Gazette further restrict, enlarge or vary the categories of suits to be brought under the operation of this Order as it deems proper. (1.10.1983) and (1.10.1987).


Kerala, Laccadive, Minicoy and Aminidivi Islands.- Order XXXVII shall be omitted (9.6.1959).

 

What are the Rules for filing Order 37 Suit?

Rules related to summary suit under Civil Procedure Cord are:

1. Courts and classes of suits to which the Order is to apply.

1(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 or 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) suit 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.

2. Institution of summary Suits.

(1) A suit, to which this Order applies, may, it the plaintiff desires to proceed 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.

3. 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 annexure 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 address for service of notice 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 the plaintiff sues in person, to the plaintiff himself, either by notice delivered at or sent by a prepaid 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 fr6m 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 It's affidavit or otherwise d 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.*hat 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 or 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 of 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 the defendant in entering an appearance or in applying for leave to defend the suit.

4. Power to set aside decree

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 do, and on such terms as the court thinks fit.

5. 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.

6. 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.

7. 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.

 

HIGH COURT AMENDMENT

Order XXXVII-A

“Karnataka. - After Order XXXVII and before Order XXXVII insert the following Order:

Order XXXVII-A

Interlocutory Applications:

(1) An interlocutory application means an application to the Court in any suit, appeal or proceeding already instituted in such Court other than an application for execution of decree or order or for review of judgment or for leave to appeal.

(2) Except where otherwise prescribed by rules or otherwise provided by any law for the time being in force, an interlocutory application shall state only the order prayed for and shall not contain any statement of facts or argumentative matter. Every application in contravention of this rule shall be returned for amendment or rejected.

(3) Every interlocutory application shall be supported by an affidavit. Where, however, the facts on which the application is based appear from the records in Court or relate to any act or conduct of the applicant’s pleader himself, the Court may permit a memorandum of facts signed by the applicant’s pleader to be filed instead of an affidavit.

(4) Any fact required to be proved upon an interlocutory proceeding shall, unless otherwise prescribed by rule, or ordered by Court be proved by affidavit, but the Judge may in any case direct evidence to be given orally, and thereupon the evidence shall be recorded and exhibits m ed in the same manner as in a suit.”(30.3.1967).

 

IPC- Indian Penal Code 1860 Sections and Law

Section 120A, 120B of Indian Penal Code - What is criminal conspiracy? What is punishment for criminal conspiracy?

Section 172 of Indian Penal Code - What is the punishment for absconding to avoid summons?

Section 299 of Indian Penal Code - What is Culpable Homicide?

Section 300 of Indian Penal Code - What is murder? When culpable homicide is not murder?

Section 302,303 and 304 of Indian Penal Code - Punishment for Murder, murder by life convict and Culpable homicide not amounting to murder

Section 304A of Indian Penal Code - What is causing death by negligence? What is the punishment?

Section 304B of Indian Penal Code - Dowry Death. What are the ingredients of Dowry death? What is punishment for Dowry death?

Section 306 of Indian Penal Code - Abetment of Suicide. What is the punishment for abetment of suicide?

Section 307 of Indian Penal Code - What is Attempt to Murder? What is the punishment for attempt to murder?

Section 308 of Indian Penal Code - What is attempt to commit culpable homicide? What is the punishment

Section 375 of Indian Penal Code - What is Rape? What are the actions comes under rape?

Section 376 of Indian Penal Code - What is punishment for rape?

Section 378 and 379 of Indian Penal Code 1860 -  What is Theft? What is the punishment for theft?

Section 380 of Indian Penal Code 1860 - What is theft in dwelling house etc? What is the punishment?

Section 381 and 382 of Indian Penal Code 1860 - What is theft by clerk or servant of property in possession of master? What is theft after preparation made for causing death, hurt or restraint in order to the committing of the theft? What are the punishment for theft by clerk or servant?

Section 383 and 384 of Indian Penal Code 1860 - What is extortion? What is the punishment for extortion?

Section 385, 386, 387, 388 and 389 of Indian Penal Code 1860 - What is Putting person in fear of injury in order to commit extortion? What is Extortion by putting a person in fear of death or grievous hurt to? What is Putting person in fear of death or of grievous hurt, in order to commit extortion?, What is Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc?, What is Putting person in fear of accusation of offence, in order to commit extortion?

Section 390, 391 and 392 of Indian Penal Code 1860 - What is Robbery? What is Dacoity? What is the punishment for robbery?

Section 393, 394, 395 and 396 of Indian Penal Code 1860 - What is attempt to commit robbery? What is voluntarily causing hurt in committing robbery? What is the punishment for dacoity? What is Dacoity with murder?

Section 397, 398 and 399 of Indian Penal Code 1860 - What is dacoity with murder? What is Robbery, or dacoity, with attempt to cause death or grievous hurt? What is Attempt to commit robbery or dacoity when armed with deadly weapon and punishment?

Section 400, 401 and 402 of Indian Penal Code 1860 - What is the Punishment for belonging to gang of dacoits? What is the Punishment for belonging to gang of thieves? What is the punishment for Assembling for purpose of committing dacoity?

Section 403 of Indian Penal Code 1860 - What is dishonest misappropriation of property? What is the punishment for dishonest misappropriation of property?

Section 404 of Indian Penal Code 1860 - What is dishonest misappropriation of property possessed by diseased person at the time of death? What is the punishment for this crime?

Section 405 of Indian Penal Code 1860 - What is Criminal Breach of Trust?

Section 406, 407, 408 and 409 of Indian Penal Code 1860 - What is the punishment for Criminal Breach of Trust? What is Criminal breach of trust by carrier, etc? What is Criminal breach of trust by clerk or servant? What is Criminal breach of trust by public servant, or by banker, merchant or agent? What is the punishment?

Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap