Order 37 of the Civil Procedure Code (CPC) pertains to “Summary Procedure” in cases of certain suits. It provides for a speedier process for the recovery of money in certain types of suits where the defendant has no real defense. This order is particularly relevant in cases where the plaintiff’s claim is based on a written contract, like a promissory note, hundi, or bill of exchange, or where the claim is for recovery of debt or liquidated demand in money.
Here’s a detailed overview of the key aspects of Order 37 CPC proceedings related to suits for money recovery:
Applicability :Order 37 applies to suits that fall within its scope, such as suits for recovery of money based on a written contract, or where the claim is for a debt or liquidated demand in money.
Expedited Procedure : The main objective of Order 37 is to provide a speedy and summary procedure for recovery of money, without the need for a full trial, in cases where the defendant does not appear to have a substantial defense.
Plaintiff’s Affidavit :The plaintiff is required to file an affidavit along with the plaint, verifying the facts of the case and stating that in their belief, there is no defense to the suit.
Summoning Defendant :Instead of issuing a summons, the court issues a summons for judgment, along with a copy of the plaint and the affidavit filed by the plaintiff, to the defendant. The defendant is required to appear in court within ten days of service of the summons.
Appearance of Defendant : If the defendant appears within the stipulated time, they can defend the suit by filing an affidavit stating the nature of their defense. If the defendant fails to appear, the plaintiff can apply for judgment.
Judgment : If the defendant does not appear or fails to satisfy the court that they have a substantial defense, the court may pass a judgment in favor of the plaintiff, allowing the plaintiff to recover the sum claimed along with costs.
Defendant’s Right to Defend : If the defendant satisfies the court that they have a substantial defense, the court may allow the defendant to defend the suit in the regular manner, and the suit will proceed as an ordinary suit.
Summary Dismissal : If the court is satisfied that the suit is frivolous or vexatious, it may summarily dismiss the suit.
Appeal :An appeal against an order or judgment passed under Order 37 lies as per the regular provisions of the CPC.
In conclusion, Order 37 CPC provides a streamlined procedure for the recovery of money in certain types of suits, ensuring a quick resolution of disputes where the defendant has no real defense. However, it is important to note that the court will ensure that the defendant’s rights are protected, and if the defendant can show a substantial defense, they will be given the opportunity to defend the suit in the regular manner.
