📘 CIVIL PROCEDURE CODE (CPC) – ORDER XXXVII

Preparation for RJS, DJS, PCS (J) and other Judicial Service Exams

📖 CIVIL PROCEDURE CODE EXPLAINED

The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country.
Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam.

To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules
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⚖️ ORDER XXXVII – SUMMARY PROCEDURE

Courts to which this Order applies – Rule 1(1)

• This Order shall apply to
• High Courts, City Civil Courts and Courts of Small Causes and
• other Courts

• In respect of ‘other Courts’:
• High Court may restrict operation of this Order
• only to such categories of suits as it deems proper

Classes of suits to which this Order applies – Rule 1(2)

• This Order applies to following classes of suits:

(a)

• suits upon bills of exchange, hundies and promissory notes

(b)

• suits in which plaintiff seeks only to recover
• a debt or a liquidated demand in money, with or without interest
• arising on a written contract
• arising on an enactment where the sum sought to be recovered is a fixed sum of money
• arising on a guarantee where the claim against the principal is in respect of a debt or liquidated demand only

Institution of summary suits – Rule 2(1)

• A suit to which this Order applies may be instituted
• by presenting a plaint which shall contain
• a specific averment to the effect
• that the suit is filed under this Order and
• that no relief which does not fall within the ambit of this rule has been claimed in the plaint and
• the following inscription immediately below the number of the suit in the title of the suit:
• “(Under Order XXXVII of the Code of Civil Procedure, 1908)”

Rule 2(2)

• Summons of the suit
• shall be in Form No. 4 in Appendix B or as prescribed

Entitlement in default of entering an appearance – Rule 2(3)

• Defendant shall not defend the suit
• unless he enters an appearance

• In default of his entering an appearance
• allegations in the plaint shall be deemed to be admitted

• Plaintiff shall be entitled
• to a decree for any sum not exceeding the sum mentioned in summons
• together with interest at the rate specified up to the date of decree and
• such sum for costs as may be determined by High Court by rules

• Such decree may be executed forthwith

Appearance of defendant within ten days – Rule 3(1)

• Plaintiff shall serve on the defendant
• a copy of plaint and annexures, together with summons

• 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

Deemed service – Rule 3(2)

• 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

Notice of appearance to defendant – Rule 3(3)

• On the day of entering appearance:
• notice of such appearance shall be given by the defendant
• to plaintiff’s pleader or
• to the plaintiff himself, if the plaintiff sues in person
• either by notice delivered or sent by pre-paid letter

Summons for judgment – Rule 3(4)

• If defendant enters an appearance:
• Plaintiff shall thereafter serve on the defendant a summons for judgment
• a summons for judgment returnable not less than ten days from 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

Application for leave to defend – Rule 3(5)

• Defendant may at any time within ten days from service of summons for judgment
• by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend
• apply for leave to defend such suit

• Leave to defend may be granted to him
• unconditionally or upon some just terms

• 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

• 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 defendant in Court

Entitlement of plaintiff to judgment – Rule 3(6)

(a)

• if
• the defendant has not applied for leave to defend or
• such application has been made and is refused
• plaintiff shall be entitled to judgment forthwith

(b)

• If the defendant is permitted to defend the whole or any part of the claim
• Court may direct him
• to give such security within such time as may be fixed by Court

• On failure
• to give such security within the time specified or
• to carry out such other directions as may have been given
• plaintiff shall be entitled to judgment forthwith

Prepared by the academic team at Delhi Law Academy, Jaipur
For Judicial Services Examination Preparation

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❓ Frequently Asked Questions (Order XXXVII CPC)