SUMMARY PROCEEDINGS UNDER ORDER 37 OF CIVIL PROCEDURE

CODE, 1908-

1. Order 37 rule 1 to 7 of the civil procedure code,1908 deals

with the concept of summary proceedings.
2. The object underlying summary procedure is to prevent
unreasonable obstruction by a defendant who has no
defence.
 Courts and classes of suits to which this order applies-
[ORDER 37 RULE 1]

1. This order applies to- High Courts, City Civil Courts and
Courts of Small Causes and other courts
2. The High Court may restrict, enlarge or vary the categories
of suits to be brought under this Orders it thinks fit.
3. Summary suit is filed in a court having pecuniary
jurisdiction upon the subject matter
 Summary procedure applies to following kinds of suits [O
37 R 1]

1. Suits upon Negotiable Instruments- bills of Exchanges,

hundies or promissory notes.
2. Suits for recovery of debtor liquidated amount arising out of-
- a written contract
- in case of an enactment wherein the amount to be
recovered is a fixed amount of money , or a debt
other than a penalty
- a guarantee, where the claim against the principal
is in respect of a debt or for money only.
 Institution of summary proceedings
[O37 R2]
1. A summary suit is instituted by presenting a plaint in the court by
the plaintiff containing the following specification;
• It must mention that the suit is filed under summary procedure
• It must state that no relief, which does not fall within the ambit of this
rule, has been claimed.
2. Then the summons of the suit are to be issued to the defendant,
which should be in prescribed from no. 4, accompanied with a copy
of plaint and Annexures.
3. When the defendant appears, he is required to enter his
appearance within 10 days of receipt of summons.

4. On default of his appearance it is assumed that he has admitted

the allegations made in the plaint.

5. The plaintiff gets entitled to a final order granting him the sum as
mentioned in the plaint along with interest at the specified date
and costs if the Court thinks it appropriate.
 Procedure for appearance of defendant
[O37 R3]
1. Where the defendant enters an appearance within the prescribed
time, the plaintiff is required to serve on him the summons for
judgement in Form no. 4A accompanied with-
 an affidavit verifying the cause of action and the amount which is
claimed in the plaint
 a statement to the effect that there is no defence to the suit.
2. Then, the defendant may apply for leave to defend the suit within
10 days from the date of service of summons, disclosing by way
of an affidavit facts which may entitle him of the right to defend
himself.

3. The Court shall not refuse permission to the to defend the suit
unless it believes that the disclosure by the defendant does not
show that he has any substantial defence to raise or that it is
frivolous
 Passing of Decree in summary suits

The plaintiff is entitled to a decree of a sum not exceeding the sum

mentioned in plaint, together with interest and cost in following
conditions:-
1. If the defendant does not enter an appearance (ex parte decree)
2. If the defendant has not applied for leave to defend
3. If the defendant has applied for leave to defend but it is refused
4. If the leave to defend is granted then the suit proceeds as an
ordinary suit and decree is granted as per the CPC.
 Judgment can also be passed in favor of the
plaintiff if

(a) The defendant has not applied for leave to defend or

if such application has been made and refused, or,
(b) The defendant who is permitted to defend fails to
comply with the conditions on which leave to defend is
granted.
Power to set aside decree [O37 R4]

The Court has the power to set aside the decree or grant stay
or set aside execution or to grant any leave to the
defendant to appear to the summons and to defend the suit,
if it seems reasonable to the Court.
Procedure in suits [order 37 rule 7]

 The procedure of ordinary Civil Suit is applicable

to the summary proceedings also.
 Cause Title

1. Name of the Court Order VII Rule 1 (a)

2. Name, Description and Address of the Plaintiff Order
VII Rule 1 (b)
3. Name, Description and Address of the defendant Order
VII Rule 1 (c)
 IN THE COURT OF DISTRICT JUDGE AT DEHRADUN
OS No…………..of 2013
Between:

A. Ashok ,
S/o ………,
R/o……….
…………                                                                 Plaintiff…..
 
Versus
                                                    
R. Rohit,
S/ o…………,
R/o…………,
……………                                                              Defendant….
 Body of the plaint

1. Name, Description and Address of the Plaintiff, defendant

2. Facts of the case

3. Facts constituting cause of action

4. Territorial Jurisdiction
5. Valuation of the suit and court fees

6. Limitation
 Prayer/Relief

It is Prayed that ………… … ……….. ………

…….and some other relief as the court thinks
fit.

Place:                                                Signature
Date:
(xxxx)                         
 
 Verification
In the above-named plaintiff do hereby verify that the
contents of the Para's no. 1,2,3 and 4 are true to my
knowledge and the contents of remaining Para's are
according to legal advice from my advocate which I
believe to be true.

Place:                              sd/ of Plaintiff

Date:                                (xxxx)