Negotiable instruments
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Order 37 CPC Summary Suit: How to File a Recovery Suit and Obtain Leave to Defend
Order XXXVII of the Code of Civil Procedure, 1908 provides a special summary procedure for specified money claims. It is designed to enable faster adjudication where the claim falls within the classes expressly covered by the Order, while preserving the defendant's right to seek leave to defend.
Law reviewed: 1 September 2026
Important: Order XXXVII is part of the Code of Civil Procedure, 1908 (CPC), not the Code of Criminal Procedure. Court jurisdiction, pecuniary limits, State/High Court amendments, local rules and commercial-court provisions must be checked before filing.
What is an Order 37 Summary Suit?
An Order XXXVII suit is a civil recovery proceeding in which the defendant does not obtain an automatic right to defend in the same manner as in an ordinary civil suit. The defendant must first enter appearance within the prescribed period and, after service of summons for judgment, seek leave to defend.
If the defendant does not enter appearance, or later fails to obtain or comply with leave to defend, the plaintiff may become entitled to judgment in accordance with Order XXXVII.
Which Suits Can Be Filed Under Order 37 CPC?
Subject to Rule 1 and any applicable High Court notification or amendment, Order XXXVII applies to the following principal classes of claims:
Written contracts
Claims seeking only recovery of a debt or liquidated demand in money, with or without interest, arising on a written contract.
Statutory debts
A fixed sum or debt-like money claim arising under an enactment, other than a penalty.
Guarantees
Claims on a guarantee where the claim against the principal debtor concerns a debt or liquidated demand only.
Key requirement: The plaintiff must seek only relief that falls within Order XXXVII. A claim requiring extensive assessment of unliquidated damages will ordinarily not fit merely because the underlying transaction is documented in writing.
How to File a Recovery Suit Under Order 37 CPC
- Confirm that the claim qualifies. Verify that the cause of action and relief fall within Order XXXVII Rule 1 and that the chosen Court has territorial and pecuniary jurisdiction.
- Prepare the plaint. The plaint should specifically state that the suit is filed under Order XXXVII and that no relief outside the scope of that Order is claimed.
- Use the required title inscription. The plaint must carry the prescribed Order XXXVII inscription immediately below the suit number/title in accordance with Rule 2.
- File the supporting documents. These commonly include the written contract, invoice or acknowledgment where relevant, negotiable instrument or guarantee, correspondence, demand notice and documents showing the amount claimed.
- Issue summons in the prescribed form. Rule 2 contemplates summons in Form No. 4 of Appendix B or such other form as prescribed by the competent Court.
- After appearance, seek summons for judgment. If the defendant enters appearance, the plaintiff proceeds under Rule 3(4) by serving summons for judgment supported by the prescribed affidavit.
Procedure After Service on the Defendant
| Stage | Time / requirement | What happens |
|---|---|---|
| Service of summons | Rule 2 | The plaintiff serves the prescribed summons together with the plaint and annexures as required by the procedure. |
| Entry of appearance | Within 10 days of service | The defendant may enter appearance in person or through a pleader and must file an address for service. |
| Notice of appearance | On entering appearance | The defendant gives notice of appearance to the plaintiff or the plaintiff's pleader as contemplated by Rule 3. |
| Summons for judgment | Returnable not less than 10 days from service | After appearance, the plaintiff serves summons for judgment supported by an affidavit verifying the cause of action, amount claimed and belief that there is no defence. |
| Application for leave to defend | Within 10 days from service of summons for judgment | The defendant must disclose facts sufficient to show entitlement to defend. |
Rule 3(7) permits the Court, on sufficient cause being shown, to excuse delay in entering appearance or in applying for leave to defend.
Leave to Defend an Order 37 Suit
The leave-to-defend stage is central to the summary procedure. The Court considers whether the facts disclosed by the defendant reveal a substantial, fair or reasonable defence or a genuine triable issue, as opposed to a sham, frivolous or vexatious defence.
| Nature of defence | General consequence |
|---|---|
| Substantial defence likely to succeed | Ordinarily supports unconditional leave to defend. |
| Fair or reasonable defence raising genuine triable issues | Ordinarily supports leave to defend. |
| Triable issue but doubt about good faith or genuineness | Court may impose appropriate conditions regarding trial, deposit or security, without making them unduly severe. |
| Defence is frivolous, vexatious or does not disclose a substantial defence | Leave may be refused in accordance with Rule 3(5). |
| Part of the claim is admitted | Leave shall not be granted unless the admitted amount is deposited in Court, as required by the second proviso to Rule 3(5). |
The Supreme Court has repeatedly emphasised that summary procedure should not be used to shut out a genuine defence merely because the plaintiff seeks speedy recovery. At the same time, the procedure is intended to prevent sham defences from defeating expeditious adjudication.
Order XXXVII CPC Rules 1 to 7: Quick Reference
Rule 1 - Courts and classes of suits
Rule 1 identifies the Courts to which the Order applies and specifies the classes of summary suits. High Courts may, in relation to other Courts, restrict, enlarge or vary the categories of suits by notification where the rule permits.
Rule 2 - Institution of summary suits
A plaintiff choosing the summary procedure must institute the suit by a plaint containing the specific Order XXXVII averments and prescribed inscription. If the defendant does not enter appearance, the consequences stated in Rule 2(3) may follow.
Rule 3 - Appearance, summons for judgment and leave to defend
Rule 3 governs the defendant's appearance, service address, notice of appearance, summons for judgment, application for leave to defend, conditional or unconditional leave, admitted amounts and power to excuse delay for sufficient cause.
Rule 4 - Power to set aside decree
After a decree under Order XXXVII, the Court may, under special circumstances, set aside the decree and, if necessary, stay or set aside execution and grant leave to appear and defend, on terms considered fit.
Rule 5 - Deposit of bill, hundi or note
The Court may order the bill, hundi or note on which the suit is founded to be deposited with an officer of the Court and may require security for costs in the circumstances contemplated by the rule.
Rule 6 - Cost of noting dishonour
The holder of a dishonoured bill of exchange or promissory note has the remedies provided by the rule for recovery of expenses incurred in noting non-acceptance, non-payment or otherwise by reason of dishonour.
Rule 7 - Ordinary procedure applies unless otherwise provided
Except where Order XXXVII provides a special procedure, the ordinary CPC procedure continues to apply to summary suits.
State Amendments and Commercial Disputes
Older compilations of the CPC frequently reproduce historical State and High Court amendments. Their present operation should not be assumed without checking the rules and notifications applicable to the Court concerned. Before filing, verify the current High Court rules, State amendments and territorial/pecuniary jurisdiction of the proposed Court.
Where the dispute is a commercial dispute of specified value, the Commercial Courts Act, 2015 and the CPC amendments made applicable to commercial disputes must also be considered. The commercial-court regime contains additional procedural requirements and stricter case-management rules.
Official Legal Sources
For the authoritative central text, use the Code of Civil Procedure, 1908 on India Code. For commercial disputes, consult the India Code portal for the Commercial Courts Act, 2015 and applicable amendments.
For current Supreme Court decisions interpreting civil procedure, use the Supreme Court of India and its official judgment/SCR search facilities.
Frequently Asked Questions
Is every money recovery suit maintainable under Order 37?
No. The claim must fall within the classes specified by Order XXXVII Rule 1. A simple money claim does not automatically qualify for summary procedure.
Does the defendant have 30 days to file a written statement?
Order XXXVII follows its own special procedure. The immediate requirement is to enter appearance within 10 days of service. If summons for judgment is subsequently served, an application for leave to defend may be made within 10 days of that service.
What happens if the defendant does not enter appearance?
Under Rule 2(3), the allegations in the plaint may be deemed admitted and the plaintiff may become entitled to a decree in accordance with the rule.
Can delay in appearance or leave to defend be condoned?
Yes. Rule 3(7) permits the Court to excuse delay for sufficient cause shown by the defendant.
Can an ex parte summary decree be set aside?
Rule 4 permits the Court to set aside a decree under special circumstances and, where necessary, stay or set aside execution and give leave to appear and defend on appropriate terms.
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