How to File a Suit for Recovery of Money
How do you file an Order 37 Suit?
Civil Procedure Code Order 37 provides for a summary procedure. In order to avoid excessive delay caused by the defendant, who may not have a defense, the provision has been made to allow the court to proceed with summary proceedings if the defendant requests to defend. In summary proceedings, the court may forward the verdict in favor of the plaintiff if (1) the defendant has not requested leave to defend or if such request has been denied, or (2) the defendant who has the right to defend fails to follow the conditions on which the defense was granted for recovery of money .
SUMMARY SUIT AMENDMENTS IN HIGH COURT :
Substitute the following sub-rule (1) for the existing sub-rule (1) of Rule 1: – Bombay, Goa, Daman and Diu.- In Order XVIII, substitute the following sub-rule (1) for the existing sub-rule (1) of Rule 1 :-
“1. (i) The following Courts shall be subject to this order, namely:-
(a) THe is the Chief Justice of the High Courts, a justice of the Small Causes Courts and a justice of the Court of Appeal for the City and for the suburbs.
(b) The High Court may, when expressly empowered in this behalf by a Notification in the Official Gazette, specify such other courts as may be specifically empowered in this behalf by the High Court from time to time.
The High Court may, by notification in the Official Gazette, restrict the operation of this Order to those categories of cases or sections of cases that it thinks fit, and it may also, at any time, by subsequent notification in the Official Gazette, modify, expand or reduce the categories of cases or sections of cases to be brought under the provisions of this Order. (1.10.1983) and (1.10.1987).
The Order XXXVII shall be omitted (9.6.1959). Kerala, Laccadive, Minicoy and Aminidivi Islands.
What procedural rules apply to Order 37 suit?
A summary suit under Civil Procedure Cord is governed by Civil Procedure Rules.
The Order’s application to courts and classes of suits.
1(1)The following courts shall be subject to the provisions of this Order, namely:
(a)High courts, municipal courts and courts of small matters
(b) any other court;
The High Court may, by notification in the Official Gazette, restrict the operation of this order only to certain categories of disputes, and may also, from time to time, as the circumstances of the case require, by subsequent notification in the Official Gazette, further expand, limit or modify, the categories of disputes that may be brought under the order.
(2) Unless otherwise provided by applicable sub-rule :
(1), The suit law applies to the following types of suits, namely:
(a) promissory notes and cheques are considered an asset and a liability, respectively, in the same way as bills of exchange and hundis.
(b)A suit in which the plaintiff only seeks to recover money owed to him or her in the form of a specific payment, with or without interest.
(i)On a written contract, the seller is bound by the terms of the agreement.
(ii) The amount sought to be recovered is a fixed amount of money or is in the nature of a debt other than a penalty.
(iii) in respect of a debt or liquidated demand, a guarantee is an arrangement where the debt or demand is protected by an agreement between the guarantor and the debtor where the guarantor commits to pay the debt or demand if the debtor makes a claim against the guarantor.
2.Instituting summary actions.
(1)A suit, which this order applies to, may be brought by filing a complaint that includes the following:
(a)The Court certifies that this Order is a valid suit and it is filed under this Court’s signed order;
(b)No relief has been granted outside the scope of this regulation, and no relief has been granted.
(c)Below the number of the suit in the title of the suit is the following inscription: –
(Code of Civil Procedure, 1908) states that (Under Order XXXVII of the Court of Appeal, 1908)”.
(2) A summons must be in the form No. 4 in Appendix B or in some other form from time to time, according to the regulations.
3.The procedure for defendants to appear.
(1).A petition to which this Order applies shall, together with the summons under rule 2, list the complaint and annexure thereto and the defendant must, at any time within ten days of such service, appear in person or by pleader and, in either case, he shall notify the court of his address for service.
(2) When a defendant fails to provide his address for service of judicial documents, Served notices and summonses, unless otherwise ordered, shall be deemed to have been served on him at that address.
(3) The defendant must give notice of his or her appearance in court on the day of entering the appearance. The defendant’s pleader or the plaintiff himself, as the case may be, must be notified of the appearance.
(4) Whenever the plaintiff serves a Form 4A in Appendix B or such other form from time to time, to be returned not less than ten days from the date of service, an Affidavit sworn to represent the nature of the claim and the amount claimed must be submitted.
(5) The right to defend may be granted to the defendant at any time within ten days from the service of such notice for an affidavit or otherwise if the defendant can effectively demonstrate that he is entitled to defend the case. The court or judge may allow the defense on any terms it sees fit or may impose them:
(6) Such judgment may be rendered upon such summons :
(a) If the defendant has not applied for leave to defend or if such application has been made and is now being processed, the plaintiff will be granted judgment immediately; or
(b) The court or judge may order the defendant to give security for the claim if he is permitted to defend on the whole or any part of it. If he fails to do so, the court or judge may order him to pay such security and within such time as may be specified by them or ruled by them. In case he fails to carry out any other orders given by them or them, the plaintiff may be granted judgment immediately.
4.Cancellation of a decree :
If the court is willing, it may grant an attorney leave to appear on behalf of the defendant and defend the case if it appears reasonable to the court to do so.
5.It is the authority of the court to direct the clerk of the court to deposit bills with the court :
The court may order the bill, hundi or note on which the suit is founded to be deposited with an officer immediately or on specific conditions, and further order that all proceedings be stifled until the plaintiff has settled the bill, hundi or note.
6.Dishonoured bills or notes and recouping the cost :
Every person who has a dishonored bill of exchange or promissory note shall have the same remedies for recovering the expenses incurred in noting the note for non-acceptance or nonpayment, or other reasons, as under this Order he may have for recovering the amount of the note.
7.Lawsuits :
Please note that the procedure in this case is the same as the procedure in other cases.
Read more
A Guide to Write a Legal Disclaimer