Order XXXVII Rule 2 CPC - Institution of Summary Suits
Order XXXVII Rule 2 of the Code of Civil Procedure, 1908 (CPC) prescribes how a plaintiff institutes a summary suit, the required statements in the plaint, the form of summons and the consequence of a defendant failing to enter appearance. It operates together with Rules 1 and 3 of Order XXXVII.
Meaning and purpose of a summary suit
A summary suit is a special civil procedure for specified claims in which the defendant must enter appearance and obtain leave to defend in accordance with Order XXXVII. It is intended to facilitate quicker adjudication of qualifying monetary claims while preserving the opportunity to raise a genuine defence.
Order XXXVII Rule 1 identifies eligible courts and claims, including suits on bills of exchange, hundies and promissory notes and specified suits for a debt or liquidated monetary demand arising from a written contract, an enactment or a guarantee. Court jurisdiction and applicable local notifications must also be considered.
Order XXXVII Rule 2 CPC: statutory requirements
Rule 2(1): institution by plaint
A plaintiff who elects the summary procedure must present a plaint containing all three statutory requirements:
- Rule 2(1)(a): an express statement that the suit is filed under Order XXXVII.
- Rule 2(1)(b): confirmation that no relief outside the scope of this summary procedure is claimed.
- Rule 2(1)(c): the prescribed inscription immediately below the suit number in the cause title.
This inscription identifies the proceedings as a summary suit. A plaintiff should also plead the written instruments or other facts establishing that the claim falls within Rule 1.
Rule 2(2): summons in the prescribed form
Summons must be issued in Form No. 4 in Appendix B to the CPC, or another form prescribed by the applicable rules. Service of the plaint and annexures and the subsequent steps for entering appearance are governed by Rule 3.
Rule 2(3): consequence of failure to enter appearance
The defendant cannot defend a summary suit without entering appearance in accordance with the Order. If the defendant fails to enter appearance, the allegations in the plaint are deemed admitted and the plaintiff is entitled, subject to the statutory conditions, to a decree for an amount not exceeding the amount stated in the summons, with the specified interest (if any) up to the decree and costs as prescribed by the High Court. The decree may be executed forthwith.
The defendant's right to seek relief in an appropriate case, including under Order XXXVII Rule 4, remains subject to the applicable legal requirements.
Practical steps in a summary suit
- Confirm that the claim and court fall within Order XXXVII Rule 1, and check limitation, jurisdiction and any applicable special procedural requirements.
- Prepare the plaint with the three Rule 2(1) statements, the prescribed cause-title inscription and supporting documents.
- File the suit and arrange service of the prescribed summons, plaint and annexures.
- The defendant ordinarily has 10 days after service to enter appearance under Rule 3(1).
- Where appearance is entered, the plaintiff follows the summons-for-judgment procedure under Rule 3; the defendant may seek leave to defend within the period prescribed after service of that summons.
- If appearance is not entered, Rule 2(3) provides for the statutory consequences described above.
Important legal terms
- Institution of suit
- Commencement of civil proceedings by presentation of a plaint in accordance with the applicable rules.
- Plaint
- The plaintiff's formal pleading stating material facts, the cause of action and the relief sought.
- Liquidated demand
- A monetary claim for an ascertained sum or a sum ascertainable by an agreed or legally applicable calculation.
- Entering appearance
- The defendant's formal participation in the suit, following the steps and time limit laid down in Order XXXVII Rule 3.
- Leave to defend
- Permission of the court to contest the summary suit, granted under Rule 3 subject to the applicable tests and conditions.
Judicial interpretation
In IDBI Trusteeship Services Ltd. v. Hubtown Ltd. (2016), the Supreme Court explained principles governing leave to defend under Order XXXVII Rule 3. A substantial or fair defence generally warrants unconditional leave, while a doubtful or sham defence may justify conditions or refusal depending on the circumstances. These principles concern the subsequent defence stage rather than replacing the filing requirements of Rule 2.
Official statutory reference
Read the Code of Civil Procedure, 1908 on India Code (official PDF), especially Order XXXVII Rules 1 to 4 and Appendix B. The statutory text, local amendments, court rules and applicable notifications should be checked for the particular forum.
Frequently asked questions
What must a summary suit plaint contain?
It must expressly invoke Order XXXVII, claim no relief outside the permitted scope and carry the prescribed inscription below the suit number.
What happens if a defendant does not enter appearance?
Rule 2(3) deems the plaint allegations admitted and provides for a decree within the limits stated in that provision.
Is every money recovery suit a summary suit?
No. Only claims falling within the classes and courts specified under Order XXXVII Rule 1 may use this procedure.
This article is general legal information. Procedural requirements can vary with amendments and the rules of the court concerned.