Order XXXVII Rule 1 CPC - Courts and Classes of Suits Covered by Summary Procedure
Order 37 Rule 1 of the Code of Civil Procedure, 1908 identifies the courts in which summary suits may be brought and the categories of money-recovery claims eligible for the special procedure. It covers specified negotiable instruments, written contracts, statutory debts and guarantees, subject to the applicable court's jurisdiction and High Court notifications.
Order XXXVII Rule 1 CPC - Statutory provision
Rule 1: Courts and classes of suits to which the Order is to apply. The following reproduces the substantive clauses of Rule 1 in an accessible layout.
(1) This Order shall apply to the following Courts, namely:
(a) High Courts, City Civil Courts and Courts of Small Causes; and
(b) other Courts:
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 proper, and may also, from time to time, as the circumstances of the case may require, by subsequent notification in the Official Gazette, further restrict, enlarge or vary, the categories of suits to be brought under the operation of this Order as it deems proper.
(2) Subject to the provisions of sub-rule (1), the Order applies to the following classes of suits, namely:
(a) suits upon bills of exchange, hundies and promissory notes;
(b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising:
(i) on a written contract; or
(ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or
(iii) on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only.
Which courts can hear a summary suit?
Order XXXVII Rule 1(1)(a) expressly includes High Courts, City Civil Courts and Courts of Small Causes. Rule 1(1)(b) extends to other courts, but the jurisdictional High Court may restrict or modify eligible categories of suits by notification published in the Official Gazette.
The rule does not itself override territorial, pecuniary or subject-matter jurisdiction. Before filing, check the relevant court's jurisdiction, applicable local amendments and High Court notifications.
Classes of suits covered under Rule 1(2)
1. Bills of exchange, hundies and promissory notes
Rule 1(2)(a) covers suits based on these instruments. A bill of exchange is a written instrument containing an unconditional order to pay a certain sum of money, as described in Section 5 of the Negotiable Instruments Act, 1881. A promissory note, under Section 4, contains an unconditional undertaking to pay a certain sum. A hundi is a traditional indigenous commercial instrument; its legal treatment depends on its terms and applicable law.
2. Debt or liquidated money demand under a written contract
Rule 1(2)(b)(i) applies where the plaintiff seeks only a debt or a liquidated demand arising from a written contract, with or without interest. A liquidated demand is a money amount fixed or ascertainable by calculation under the governing obligation, rather than an unassessed claim for damages. The claim must meet the statutory requirements; a written document alone does not automatically make every dispute suitable for summary procedure.
3. Fixed statutory debt, excluding penalties
Rule 1(2)(b)(ii) includes recovery of a fixed amount payable under an enactment, or an amount in the nature of a debt rather than a penalty. An enactment is a law enacted by the competent legislature. A penalty claim is not brought within this clause merely because it is quantified.
4. Guarantees for debts or liquidated demands
Rule 1(2)(b)(iii) covers a claim on a guarantee where the underlying claim against the principal debtor concerns only a debt or liquidated demand. Under Section 126 of the Indian Contract Act, 1872, a contract of guarantee is a contract to perform the promise, or discharge the liability, of a third person in case of default. The parties are the surety, principal debtor and creditor.
How Rule 1 relates to the summary suit procedure
Rule 1 determines eligibility; Rule 2 prescribes how a summary suit is instituted, including the required statement in the plaint; and Rule 3 governs appearance and the application for leave to defend. Unlike an ordinary civil suit, the defendant cannot defend a properly instituted Order XXXVII suit as of right without following the prescribed procedure.
Commercial disputes: Order XIII-A CPC, inserted for qualifying commercial disputes under the Commercial Courts Act, 2015, provides a separate summary judgment mechanism. Under Order XIII-A Rule 1(3), that mechanism cannot be invoked in a commercial dispute originally filed as an Order XXXVII summary suit. The two procedures should not be confused.
Practical points before filing
Identify the written instrument or legal source of the debt, calculate the recoverable sum and interest, confirm that no relief outside Order XXXVII is sought, and verify the correct court, limitation period, court fee and any local notification. A claim for unliquidated damages will ordinarily require an assessment and is not automatically eligible merely because it arises from a written agreement.
Official legislation and references
Code of Civil Procedure, 1908 - India Code
CPC, 1908 - official consolidated PDF
India Code - central legislation database
Commercial Courts Act, 2015 - official text
Legal information updated 16 October 2026. State amendments, notifications and subsequent judicial decisions may affect application in individual cases. Consult the operative law and court rules before filing.