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;
(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
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
(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
(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;
(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
(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
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
(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
(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
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
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
“Karnataka. - After Order XXXVII and before Order XXXVII insert the
(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
(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).