Order XXXVII CPC: Summary Procedure - Rules 1 to 7
Order XXXVII of the Code of Civil Procedure, 1908 provides a summary procedure for specified money claims. It applies to designated courts and to suits on bills of exchange, hundies and promissory notes, as well as specified claims for debt or liquidated demands arising from written contracts, enactments and guarantees.
Rule 1 - Courts and classes of suits to which the Order applies
(1) Order XXXVII applies to High Courts, City Civil Courts and Courts of Small Causes, and to other Courts subject to the power of the High Court, by notification in the Official Gazette, to restrict, enlarge or vary the categories of suits to which the Order applies in those other Courts.
(2) Subject to sub-rule (1), the Order applies to:
- (a)suits upon bills of exchange, hundies and promissory notes; and
- (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 on a written contract, on an enactment where the amount is a fixed sum or debt other than a penalty, or on a guarantee where the claim against the principal is for a debt or liquidated demand only.
Rule 2 - Institution of summary suits
(1) A suit to which Order XXXVII applies may be instituted under the summary procedure by presenting a plaint that:
- (a)specifically states that the suit is filed under Order XXXVII;
- (b)claims no relief outside the scope of the rule; and
- (c)contains immediately below the suit number the inscription: "(Under Order XXXVII of the Code of Civil Procedure, 1908)."
(2) The summons shall be in Form No. 4 in Appendix B or such other form as may be prescribed.
(3) The defendant may not defend the suit unless he enters appearance. In default of appearance, the allegations in the plaint are deemed admitted and the plaintiff is entitled to a decree for a sum not exceeding that stated in the summons, together with applicable interest and costs, and the decree may be executed forthwith.
Rule 3 - Procedure for appearance of defendant and leave to defend
(1) The plaintiff shall serve with the summons a copy of the plaint and its annexures. The defendant may enter appearance, personally or through a pleader, within ten days of service and shall file an address for service.
(2) Unless otherwise ordered, judicial processes may be served at the address furnished by the defendant.
(3) On entering appearance, the defendant shall notify the plaintiff's pleader or, where the plaintiff appears in person, the plaintiff.
(4) After appearance, the plaintiff shall serve a summons for judgment in Form No. 4A in Appendix B or other prescribed form, returnable not less than ten days from service and supported by an affidavit verifying the cause of action and amount claimed and stating that, in the plaintiff's belief, there is no defence to the suit.
(5) Within ten days of service of the summons for judgment, the defendant may apply for leave to defend by affidavit or otherwise disclosing facts sufficient to entitle him to defend. Leave may be unconditional or subject to terms considered just by the Court.
Leave shall not be refused unless the Court is satisfied that the facts disclosed do not indicate a substantial defence or that the intended defence is frivolous or vexatious. Where part of the plaintiff's claim is admitted to be due, leave to defend shall not be granted unless the admitted amount is deposited in Court.
(6) If the defendant does not apply for leave to defend, or leave is refused, the plaintiff is entitled to judgment forthwith. If leave is granted subject to security or other directions and the defendant fails to comply, the plaintiff may likewise become entitled to judgment forthwith.
(7) For sufficient cause, the Court may excuse delay in entering appearance or applying for leave to defend.
Rule 4 - 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 give the defendant leave to appear to the summons and defend the suit, on such terms as the Court thinks fit.
Rule 5 - Power to order bill, etc., to be deposited with officer of Court
In any proceeding under Order XXXVII, the Court may order the bill, hundi or note on which the suit is founded to be deposited forthwith with an officer of the Court and may stay proceedings until the plaintiff gives security for costs.
Rule 6 - Recovery of cost of noting non-acceptance of dishonoured bill or note
The holder of a dishonoured bill of exchange or promissory note has the same remedies under Order XXXVII for recovery of expenses incurred in noting non-acceptance, non-payment or other consequences of dishonour as for recovery of the amount of the bill or note itself.
Rule 7 - Procedure in suits
Except as otherwise provided by Order XXXVII, the procedure in summary suits is the same as the procedure in suits instituted in the ordinary manner.
Official text
For the authoritative central text, forms, amendment notes and complete CPC, refer to the official India Code publication of the Code of Civil Procedure, 1908.