SUMMARY SUIT

SUMMARY SUIT – ORDER 37

 RECOVERY SUITS FILED UNDER ORDER 37
 CLASSES OF SUITS TO WHICH ORDER APPLIES:

Order shall apply to hc, city civil courts and court of small causes and other courts (hc may by
notification in the official gazette restrict the operation of order to category of suits that deems proper
to it+ hc can restrict, enlarge, or vary the categories of suits to be brought under the operation of order
37)
 Order applies to:

1. Suits upon boe, hundies, promisory notes;

2. Suits in which plaintiff seeks to recover debt or liquidated demand payable by defendant with or
without interest arising –
on written contract
On a legislation where recoverable sum is fixed
In nature of debt
Recovery of recievables instituted by any assignee of recievable
 Under o37, defendant has to appear before court within ten days of service of service of
summons and unless the defendant appears, he shall not be allowed to defend the suit.
 Defendant has to take leave to defend within ten days, which if allowed it will continue
as an ordinary suit.
 Based on document only and if the document itself is not admissible or cannot be acted
upon due to any reason, suit under order 37 cpc is same as that of ordinary recovery suit.
 QUESTION
X company has sold a consignment of aircraft to y at a
consideration of rupees 20,00,000 the payment of which is to
be made in mumbai at the site of delivery in mumbai.
Company y has made the payment by cheque in mumbai on
1st january 2019. However the cheques were returned
dishonoured. From then company y is avoiding payment. Mr
hari prasad, agent of rs aggarwal, director of x company
wants to file a suit against mr ram narayan, agent of mr sagar
malhotra, director of y company. Help mr x draft his suit
under order 37.
 DRAFT OF SUIT UNDER ORDER 37 CPC
IN THE COURT OF SENIOR CIVIL JUDGE UNDER ORDER 37 OF CPC

SUIT NO. 138

In Re:

Shri Hari Prasad

(Through Shri R.S Aggarwal, Director)

Plaintiff

Versus

Shri Ram Narayan

(Through Shri Sagar Malhotra, Director)

Defendant

SUIT FOR RECOVERY UNDER ORDER 37 OF CPC

1. That Plaintiff is a company registered under the Indian Companies Act, 1956 and Shri RS Aggarwal is the director of the company duly
authorised to sign and verify pleadings, delegate, swear affidavit on behalf of the company.

2. That the defendant is also a company registered under the ICA, 1956 and Shri Sagar Malhotra is the director of the company and responsible
for the day to day functioning of the defendant Company.

3. That the defendant had been purchasing aircrafts from plaintiff and as a consideration has issued the following checks for the amount of Rs.
20,00,000 :
4. That the said check when presented for payment by plaintiffs returned dishonoured due to insufficiency of funds in the defendant’s account.

5. That the plaintiff contacted the defendant and called upon them to make the payment on January 15, 2019, but the defendant avoided
payment without any justification.

6. That the failure to make the payment by the defendant has led the plaintiff to file the instant suit against the defendant.

7. That not making payment after purchase of goods shows ulterior and mala fide motive of the defendant which has resulted in wrongful gain
to the defendant and wrongful loss to the plaintiff.

8. That the defendant has no right to withhold the payment without any justification, COA has arisen for filing the instant suit against the
defendant on January 1, 2019 when the goods have sold to the defendant and again arose on January 2, 2019 when the cheques were returned
dishonoured and further arose on January 15, 2019 when defendant avoided payment even after reasonable notice.

9. That the value of the suit for the purpose of court fees and jurisdiction has been fixed at rupees 20,00,000 on which court fee of Rupees 50
has been affixed.

10. That the aircrafts were supplied at Mumbai, Payment was to be made at Mumbai on delivery for Rupees 20,00,000, Cheques were
dishonoured at Delhi as such the City Civil Court of Delhi, the court have jurisdiction to try and adjudicate upon the instant suit.

11. That nothing which can not be claimed under order 37 CPC, has been claimed in the instant suit.

Plaintiff

Through

Director

Through

Counsel
QUESTION
DRAFT A SUIT UNDER ORDER 37 OF CPC FOR RECOVERY OF
RS. 10,00,000 ON THE BASIS OF A PROMISORY NOTE.
LEAVE TO DEFEND APPLICATION
 ORDER 37, RULE 5
 DEFENDANT IS SUPPOSED TO ENTER APPEARANCE AT ANY TIME WITHIN
TEN DAYS OF SERVICE, EITHER IN PERSON OR BY PLEADER BY FILING HIS
LATEST ADDRESS FOR SERVICE OF NOTICE
 1O DAYS FOR FILING LEAVE (RULE 5) ALOND WITH AFFIDAVIT CONTAINING
HIS DEFENCE TO THE SUIT.