Summary Suit under Order XXXVII of the Code of Civil Procedure, 1908

November 26, 2025

A summary suit under Order XXXVII of the Code of Civil Procedure, 1908 is a fast-track civil remedy designed for cases where the plaintiff’s claim is clear, definite, and based on written documents, making a prolonged trial unnecessary. It is primarily used in matters involving negotiable instruments (like cheques, promissory notes), written contracts, invoices, or liquidated demands. The purpose is to prevent defendants from delaying proceedings when there is no real and substantial defence.

Unlike ordinary civil suits, where the defendant automatically gets the right to file a written statement and contest the case, a summary suit restricts the defendant’s right to defend. The defendant must first seek leave (permission) from the court by showing that there exists a bona fide (genuine) dispute requiring trial. If the court finds the defence weak, sham, vague, or frivolous, leave to defend is refused and the plaintiff gets a quick decree.

  1. Filing of Plaint under Order XXXVII

    • The plaintiff files a specially formatted plaint clearly stating that the suit is under Order 37.

    • Documents forming the basis of the claim (cheques, invoices, contracts, bills, etc.) must be attached.

  2. Issuance of Summons to the Defendant

    • Court issues summons in a special format requiring the defendant to enter “appearance” rather than file a written statement.

  3. Defendant’s Appearance within 10 Days

    • The defendant has 10 days to appear.

    • Appearance means simply informing the court that they intend to contest the case.

  4. If No Appearance

    • The plaintiff becomes entitled to an automatic decree, since non-appearance shows no intention to contest.

  5. If Appearance Is Entered

    • Plaintiff must serve the defendant with a second notice called Summons for Judgment.

    • This informs the defendant that the plaintiff seeks a decree based on the documents.

  6. Defendant Applies for Leave to Defend

    • Defendant must file an affidavit showing:

      • facts disclosing a substantial defence,

      • grounds raising triable issues, or

      • circumstances that merit allowing a full trial.

    • The burden is entirely on the defendant.

  7. Court Considers Leave to Defend

    • Leave is granted when:

      • the defence is genuine, plausible, and raises real issues.

    • Leave is refused when:

      • the defence is illusory, sham, or moonshine.

    • Court may grant conditional leave, usually requiring deposit of money.

  8. Judgment Based on Court’s Decision

    • If leave is refused → summary decree in favour of plaintiff.

If leave is granted → case proceeds like a regular suit, but often faster.

Advantages of Summary Suits

  • Quick resolution when claim is undisputed and based on documents.

  • Prevents frivolous defences, saving time and costs.

  • Useful for commercial and business disputes requiring speedy enforcement.

Summary suits under Order XXXVII strike a careful balance between judicial efficiency and fairness.
They offer a streamlined procedure for cases supported by clear documentary evidence while simultaneously safeguarding the defendant’s right to a fair hearing.

      • Plaintiffs benefit from a strong documentary foundation:
        Summary suits allow plaintiffs to rely on written contracts, negotiable instruments, invoices, or liquidated demands to seek a swift decree. Because the claim is supported by reliable documents, the court can avoid lengthy trials and quickly grant relief where the liability is obvious, preventing unnecessary delays or tactics by defendants.

      • Defendants are protected from unfair decrees through the leave-to-defend mechanism:
        Even though summary suits aim for speed, defendants are not denied natural justice. If they can show a bona fide, substantial, or triable defence, the court grants leave to defend either unconditional or conditional. This ensures that defendants are not unjustly burdened with a decree without having an opportunity to explain genuine disputes.

      • Courts ensure that only genuine disputes proceed to trial:
        By scrutinizing the defence at the initial stage itself, courts filter out frivolous, sham, or illusory objections. Only those cases involving real and legally relevant disputes are allowed to proceed as regular suits. This mechanism enhances judicial efficiency while preserving fairness, ensuring that court time is used only for disputes that truly require a full trial.