Summary Suit for Recovery of Money under Order 37 CPC – Complete Guide with Procedure & Sample (2025)
Summary Suit for Recovery of Money under Order 37 CPC – Complete Guide with Procedure & Sample (2025)
Learn how to file a summary suit for recovery of money under Order 37 CPC in India. Procedure, timeline, and sample plaint included.
When money recovery cases drag on for years, Order 37 of the Code of Civil Procedure, 1908 (CPC) offers a fast-track legal remedy called the summary suit. This special procedure is designed to ensure speedy judgments in cases where the defendant has no valid defence against a clearly established debt.
In this guide, we explain what a summary suit is, how to file it, and provide a sample plaint format to help you get started.
What is a Summary Suit under Order 37 CPC?
A summary suit is a special legal process for recovering debts where the defendant’s liability is clear and undisputed. Unlike regular civil suits, in a summary suit, the defendant cannot defend the case without first obtaining the court’s permission.
Typical cases covered:
Recovery of money based on written contracts
Dishonoured cheques and bills of exchange
Promissory notes or negotiable instruments
Recovery of fixed amounts due under agreements
Legal Basis – Order 37 CPC
Order 37 of the CPC applies to:
High Courts, City Civil Courts, and other notified courts
Suits based on negotiable instruments
Suits for recovery of a debt or liquidated demand
Advantages of Filing a Summary Suit
Faster resolution compared to regular suits
Limited scope for the defendant to delay proceedings
Strong legal leverage for settlement
Procedure for Filing a Summary Suit under Order 37 CPC
Step 1: Draft the Plaint
The plaint must clearly mention:
That the suit is being filed under Order 37 CPC
The facts of the case
The amount claimed with interest
Supporting documents (contracts, cheques, promissory notes, invoices)
Step 2: File in the Appropriate Court
Jurisdiction depends on:
Location where the cause of action arose
Place where the defendant resides or carries business
Step 3: Service of Summons
The court issues summons in a prescribed format under Order 37, requiring the defendant to enter an appearance within 10 days.
Step 4: Defendant’s Appearance
If the defendant enters an appearance, the plaintiff serves a summons for judgment. The defendant can only defend by applying for leave to defend and proving a valid defence.
Step 5: Court Decision
If the defendant fails to appear or is denied leave to defend, the court passes a decree in favour of the plaintiff.
Sample Plaint Format – Summary Suit under Order 37 CPC
(Disclaimer: This is for educational purposes only. Always consult a lawyer before filing.)
IN THE COURT OF [Court Name] AT [Place]
Civil Suit No. ____ of 2025
[Your Name / Company Name] – Plaintiff
Versus
[Defendant’s Name] – Defendant
Plaint under Order 37 CPC for Recovery of Money
The plaintiff is engaged in [nature of business/transaction].
The defendant is indebted to the plaintiff in the sum of ?[amount] under [agreement/transaction] dated [date].
The said amount is evidenced by [mention document – cheque, promissory note, contract].
Despite repeated demands, the defendant has failed to make payment.
The plaintiff states that there is no valid defence to the claim.
Prayer:
Pass a decree for ?[amount] with interest at [rate]% per annum from [date] till realization.
Award costs of the suit.
Place:
Date:
[Signature of Plaintiff / Advocate]
Important Points to Remember
Order 37 is only applicable to certain types of claims – not for general disputes.
Maintain all documentary proof to establish the debt.
File in the correct jurisdiction to avoid rejection.
The limitation period is usually 3 years from the date of cause of action.
Conclusion
A summary suit under Order 37 CPC can be a powerful tool for quick recovery of money, especially in cases backed by strong documentary evidence. By understanding the correct procedure and legal requirements, you can avoid unnecessary delays and secure a favourable decree in less time.
If you need professional help drafting or filing a summary suit, LawTrix.in offers expert legal drafting and representation services across India.
