Summary Suit Format under Order XXXVII CPC for Recovery of Money

IN THE COURT OF ______________________________ AT __________________
CIVIL / COMMERCIAL SUIT NO. ______ OF 20__

IN THE MATTER OF:

M/s / Mr. / Ms. ______________________________
Address: ____________________________________
_____________________________________________
...Plaintiff

VERSUS

M/s / Mr. / Ms. ______________________________
Address: ____________________________________
_____________________________________________
...Defendant

SUMMARY SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908 FOR RECOVERY OF ₹__________ TOGETHER WITH INTEREST

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff is ______________________________, having its office / residence at ______________________________. The present suit is being instituted through ______________________________, who is duly authorised to sign, verify and institute the suit on behalf of the Plaintiff by virtue of ______________________________ dated ____________, where applicable.

2. That the Defendant is ______________________________, having its office / residence at ______________________________ and is liable to the Plaintiff in the manner stated below.

3. That on ____________, the Defendant entered into / issued / executed the following written instrument or contract in favour of the Plaintiff: ______________________________. A copy / original, as legally required, is filed with the plaint.

4. That under the said written contract / negotiable instrument / guarantee, a debt or liquidated sum of ₹__________ became due and payable by the Defendant to the Plaintiff on ____________.

5. That the Plaintiff supplied goods / rendered services / advanced money / performed its obligations as follows: ______________________________. The relevant invoices, delivery records, written acknowledgements, account statements and correspondence are filed with the plaint, as applicable.

6. That the Defendant made part-payment(s), if any, aggregating ₹__________. After giving credit for all payments, a principal sum of ₹__________ remains due and payable.

7. That the Defendant issued cheque / bill of exchange / promissory note / written acknowledgment / guarantee bearing details ______________________________ for ₹__________, where applicable.

8. That the instrument was presented / the contractual payment fell due on ____________. The Defendant failed to pay the amount. If a cheque or other negotiable instrument was dishonoured, the bank return memo / dishonour record dated ____________ is filed with the plaint.

9. That despite demands and correspondence dated ____________, including legal notice dated ____________ where issued, the Defendant has failed and neglected to discharge the admitted / liquidated liability.

10. That the present suit is maintainable under Order XXXVII CPC because the Plaintiff seeks only recovery of a debt or liquidated demand in money falling within Order XXXVII Rule 1. No relief outside the ambit of Order XXXVII is claimed in this suit.

11. That the cause of action first arose on ____________ when ______________________________ and thereafter on ____________ when payment became due / the instrument was dishonoured / liability was acknowledged. The cause of action continues insofar as legally permissible.

12. That the suit is within limitation. The relevant date(s) for computation of limitation are ______________________________. Any acknowledgment or part-payment relied upon for limitation is specifically pleaded and supported by the relevant document.

13. That this Hon'ble Court has territorial jurisdiction because ______________________________. The material facts giving rise to jurisdiction, including the place of contracting, performance, payment, delivery and/or the Defendant's place of business or residence, as applicable, are specifically pleaded.

14. That for the purposes of jurisdiction and court fee, the suit is valued at ₹__________. Appropriate court fee of ₹__________ has been affixed / paid in accordance with the law applicable to this Court.

15. [For commercial disputes, where applicable] The dispute is a commercial dispute within the meaning of the Commercial Courts Act, 2015 and its specified value is ₹__________. The Plaintiff has complied with the applicable pre-institution mediation requirement under Section 12A / the suit contemplates urgent interim relief for the following reasons: ______________________________.

16. That the Plaintiff is entitled to interest at the contractual / statutory / reasonable rate of ____% per annum from ____________ until realization, subject to the discretion and powers of this Hon'ble Court.

PRAYER

In view of the facts stated above, it is respectfully prayed that this Hon'ble Court may be pleased to:

a) pass a decree in favour of the Plaintiff and against the Defendant for ₹__________;

b) award pre-suit, pendente lite and future interest at ____% per annum, or at such rate as this Hon'ble Court considers lawful and appropriate;

c) award the costs of the suit in favour of the Plaintiff; and

d) pass such other or further order as this Hon'ble Court may deem fit in the facts and circumstances of the case.

PLAINTIFF
Through Counsel

______________________________
Advocate for the Plaintiff

Place: __________________
Date: __________________

VERIFICATION

I, ______________________________, the Plaintiff / authorised representative of the Plaintiff, do hereby verify that the contents of paragraphs ____ to ____ are true and correct to my personal knowledge, paragraphs ____ to ____ are based on records and legal advice believed to be true, and nothing material has been concealed therefrom.

Verified at __________________ on this ____ day of ____________, 20__.

PLAINTIFF / AUTHORISED REPRESENTATIVE

AFFIDAVIT

I, ______________________________, son / daughter / spouse of ______________________________, aged about ____ years, resident of ______________________________, do hereby solemnly affirm and state:

1. That I am the Plaintiff / duly authorised representative of the Plaintiff in the accompanying suit and am competent and authorised to swear this affidavit.

2. That I have read and understood the contents of the accompanying plaint. The statements made therein are true and correct to my knowledge and/or based on records as stated in the verification, and nothing material has been concealed.

DEPONENT

VERIFICATION OF AFFIDAVIT

Verified at __________________ on this ____ day of ____________, 20__ that the contents of the above affidavit are true and correct to my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

S. No.	Particulars	Page No.
1	Authority / board resolution / power of attorney authorising institution of the suit, where applicable
2	Written contract, purchase order, agreement, promissory note, bill of exchange, cheque or guarantee relied upon
3	Invoices, delivery challans, proof of supply or performance and relevant account statements
4	Dishonour / return memo, where the claim involves a negotiable instrument
5	Written acknowledgment(s), balance confirmation(s) or part-payment record(s), if relied upon
6	Demand notice / legal notice and proof of service, where applicable
7	Pre-institution mediation papers, where required in a commercial dispute
8	Statement of Truth and disclosure documents, where required for a commercial suit
9	Any other document required by the applicable court rules or relied upon by the Plaintiff