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Procedure of Summary Suit under Order 37 of CPC

Aditya Narayan Parida

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Filing a summary suit under Order 37 of the Civil Procedure Code, 1908 (CPC) is a special procedure used to quickly resolve cases where the defendant has no real defence, particularly in matters involving recovery of debts or liquidated money claims based on written contracts, promissory notes, bills of exchange, etc.

Here is the step-by-step process for filing a summary suit:

✅ 1. Eligibility Check

You can file a summary suit only if the case falls under:

  • Bills of exchange, promissory notes, or written contracts
  • Enforcement of statutory liability
  • Guarantees or suretyship where the principal debtor has no defence

✅ 2. Drafting the Plaint

The plaint must clearly state:

  • That the suit is under Order 37 CPC
  • The amount due and basis of the claim
  • Relevant documents (e.g., contract, promissory note, invoices)
  • Jurisdiction, limitation, and cause of action

Attach:

  • Original/certified copies of the documents relied upon
  • Vakalatnama (if filed by an advocate)
  • Court fee (as per the Court Fees Act applicable in your state)

✅ 3. Filing the Suit

  • File the plaint in the appropriate civil court (depending on pecuniary and territorial jurisdiction)
  • The court registry will verify the documents and assign a case number

✅ 4. Issuance of Summons to Defendant

The court issues a special summons under Order 37 Rule 2:

  • The summons directs the defendant to enter appearance within 10 days of service
  • If the defendant fails to do so, the plaintiff can proceed ex parte and obtain a decree

✅ 5. Defendant’s Appearance

If the defendant enters appearance:

  • Plaintiff must serve summons for judgment (under Order 37 Rule 2(3))
  • Defendant must seek leave to defend within 10 days of receiving summons for judgment

✅ 6. Application for Leave to Defend

  • Defendant must show a plausible defence
  • If the court finds no substantial defence, leave to defend is denied, and judgment is passed
  • If a triable issue is found, court grants conditional/unconditional leave

✅ 7. Decree

  • If the defendant fails to appear or leave to defend is refused, the court passes a decree in favor of the plaintiff
  • If leave is granted, the suit proceeds as an ordinary civil suit

✅ 8. Execution of Decree

Once decree is passed:

  • File execution petition under Order 21 CPC if the defendant fails to pay

⚖️ Key Legal Provisions:

  • Order 37 Rule 1 to 4, CPC – governs the procedure of summary suits
  • Limitation Act – check the limitation period (typically 3 years for money suits)

📌 Important Notes:

  • Summary suits are only for cases without complex factual disputes
  • The procedure is intended for quick recovery of money due
  • Courts can reject a summary suit if it doesn’t satisfy the conditions of Order 37

Here’s a sample draft plaint for filing a summary suit under Order 37 CPC — useful for initiating a money recovery suit based on a written contract (e.g., unpaid invoice, promissory note, etc.).

📝 Draft Plaint for Summary Suit under Order 37 CPC

IN THE COURT OF THE CIVIL JUDGE AT [City]
Suit No.____ of 20__

ABC Enterprises

(Registered Office at: [Address])
…Plaintiff

Versus

Mr. XYZ

(Residing at: [Address])
…Defendant

PLAINT UNDER ORDER 37 RULE 2 OF THE CIVIL PROCEDURE CODE, 1908 FOR RECOVERY OF MONEY

The Plaintiff respectfully states as follows:

1. Jurisdiction

That this Hon’ble Court has jurisdiction to entertain and try this suit as the cause of action arose within the territorial jurisdiction of this Court and the value of the suit is within the pecuniary jurisdiction.

2. Facts of the Case

  • That the plaintiff is a firm engaged in the business of [describe business].
  • That the defendant entered into a written agreement dated ______________ with the plaintiff for the supply of goods/services.
  • That the plaintiff supplied goods/provided services under invoices dated __________ to , totaling ₹.
  • That the defendant duly received the goods/services and acknowledged the liability but failed to make the payment.

3. Cause of Action

That the cause of action arose on [date], when the payment became due but the defendant failed to discharge the liability despite repeated reminders.

4. Legal Basis

That the claim is based on a written contract and falls within the purview of Order 37 CPC, which provides for summary procedure in suits based on written agreements or documents.

5. Limitation

That the suit is within the limitation period prescribed under the Limitation Act, 1963.

6. Reliefs Sought

The Plaintiff therefore prays that this Hon’ble Court be pleased to:

  1. Pass a decree in favor of the plaintiff and against the defendant for a sum of ₹__________ with interest @ __% p.a. from the date of default till realization.
  2. Award costs of the suit.
  3. Grant such other and further reliefs as deemed fit and proper.

Verification

I, [Name], the Authorised Representative/Proprietor/Partner of the plaintiff, do hereby verify that the contents of the above plaint are true and correct to my knowledge and belief.
Verified at [Place] on this ___ day of ______, 20.

[Signature]
(Name of Plaintiff/Authorised Signatory)

✅ List of Documents to Attach

  1. Copy of written contract/agreement
  2. Copies of invoices/bills
  3. Delivery challans (if applicable)
  4. Copy of legal notice (if any sent)
  5. Affidavit under Order 37 Rule 2
  6. Vakalatnama (if represented by an advocate)

  7. Court fee as per the claim amount

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