Rule 1.
Courts and classes of suits to which the Order is to apply
Provided that in respect of the Courts referred to in clause (b), the High Court may, by notification in the Official Gazette, restrict the operation of this Order only to such categories of suits as it deems fit.
Rule 2.
Institution of summary suits
(1)A suit to which this Order applies may, if the plaintiff desires to proceed hereunder, be instituted by presenting a plaint with an express inscription that the suit is filed under Order XXXVII of the Code of Civil Procedure, 1908.
(2)The summons of the suit shall be in Form No. 4 in Appendix B or in such other Form as may, from time to time, be prescribed.
(3)The defendant shall not defend the suit referred to in sub-rule (1) unless he enters an appearance and in default of his entering an appearance the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree for any sum, not exceeding the sum mentioned in the summons, together with interest at the rate specified, if any, up to the date of the decree and such sum for costs as may be determined by the High Court from time to time by rules made in that behalf and such decree may be executed forthwith.
Rule 3.
Procedure for the appearance of defendant
(1)In a suit to which this Order applies, the plaintiff shall, together with the summons under rule 2, serve on the defendant a copy of the plaint and annexures thereto and the defendant may, at any time within ten days of such service, enter an appearance either in person or by pleader and, in either case, he shall file in Court an address for service of notices on him.
(2)Unless otherwise ordered, all summonses, notices and other judicial processes, required to be served on the defendant, shall be deemed to have been duly served on him if they are left at the address given by him for such service.
(3)On the day of entering the appearance, notice of such appearance shall be given by the defendant to the plaintiff's pleader, or, if the plaintiff sues in person, to the plaintiff himself, either by notice delivered at or sent by a pre-paid letter directed to the address of the plaintiff's pleader or of the plaintiff, as the case may be.
(4)If the defendant enters an appearance, the plaintiff shall thereafter serve on the defendant a summons for judgment in Form No. 4A in Appendix B or such other Form as may be prescribed from time to time, returnable not less than ten days from the date of service supported by an affidavit verifying the cause of action and the amount claimed and stating that in his belief there is no defence to the suit.
(5)The defendant may, at any time within ten days from the service of such summons for judgment, by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms as may appear to the Court or Judge to be just:
Provided that leave to defend shall not be refused unless the Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous or vexatious:
Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due is deposited by the defendant in Court.
(6)At the hearing of such summons for judgment,—
(a)if the defendant has not applied for leave to defend, or if such application has been made and is refused, the plaintiff shall be entitled to judgment forthwith; or
(b)if the defendant is permitted to defend as to the whole or any part of the claim, the Court or Judge may direct him to give such security and within such time as may be fixed by the Court or Judge and that, on failure to give such security within the time specified by the Court or Judge or to carry out such other direction as may have been given by the Court or Judge, the plaintiff shall be entitled to judgment forthwith.
(7)The Court or Judge may, for sufficient cause shown by the defendant, excuse the delay of the defendant in entering an appearance or in applying for leave to defend the suit.
Rule 4.
Power to set aside decree
After decree the Court may, under special circumstances, set aside the decree, and if necessary stay or set aside execution, and may give leave to the defendant to appear to the summons and to defend the suit, if it seems reasonable to the Court so to do, and on such terms as the Court thinks fit.
Rule 5.
Power to order bill, etc., to be deposited with officer of Court
In any proceeding under this Order the Court may order the bill, hundi or note on which the suit is founded to be forthwith deposited with an officer of the Court, and may further order that all proceedings shall be stayed until the plaintiff gives security for the costs thereof.
Rule 6.
Recovery of cost of noting non-acceptance of dishonoured bill or note
The holder of every dishonoured bill of exchange or promissory note shall have the same remedies for the recovery of the expenses incurred in noting the same for non-acceptance or non-payment, or otherwise, by reason of such dishonour, as he has under this Order for the recovery of the amount of such bill or note.
Rule 7.
Procedure in suits
Save as provided by this Order, the procedure in suits instituted under this Order shall be the same as the procedure in suits instituted in the ordinary manner.
Legal Commentary & Landmark Judgments: Order XXXVII
Order XXXVII of the Code of Civil Procedure, 1908 establishes the specialized summary procedure for fast-track recovery of debts arising on negotiable instruments and liquidated contractual demands.
Thereafter, the plaintiff serves a Summons for Judgment, whereupon the defendant must apply within ten days for 'Leave to Defend' under Rule 3(5). The court may grant leave unconditionally, grant leave subject to financial deposit, or refuse leave and pronounce judgment immediately. If leave to defend is refused or the defendant fails to apply, the allegations in the plaint are deemed admitted and the plaintiff is entitled to immediate decree under Rule 3(6).
Order XXXVII is the most potent recovery mechanism in commercial litigation. Under the authoritative *IDBI Trusteeship* guidelines, defendants cannot stall proceedings with vague denials. Unless the defendant discloses a bona fide substantial defense supported by contemporaneous documentary evidence, the court will either order deposit of the admitted or principal sum or pass an immediate decree.