Code of Civil Procedure, 1908 / Order 37

Order XXXVII Rule 7 CPC - Procedure in Suits

Order XXXVII Rule 7 explains the relationship between the special summary suit procedure and the ordinary procedure governing civil suits under the Code of Civil Procedure, 1908.

Text of Order XXXVII Rule 7 CPC

Save as provided by this Order, the procedure in suits hereunder shall be the same as the procedure in suits instituted in the ordinary manner.

Meaning and scope of Rule 7

Rule 7 is a supplementary procedural provision. A summary suit follows the ordinary civil procedure wherever Order XXXVII does not prescribe a different procedure. Where there is an inconsistency, the special procedure in Order XXXVII governs, subject to applicable amendments and court rules.

The rule does not convert a summary suit into an ordinary suit automatically. Rather, it preserves the general CPC framework for matters not specifically addressed by the summary procedure.

What is a summary suit?

A summary suit is a civil action governed by Order XXXVII for specified monetary claims, such as claims on bills of exchange, hundies and promissory notes, and certain claims for a debt or liquidated demand based on written contracts, enactments or guarantees. The eligible courts and claims are set out in Order XXXVII Rule 1.

How ordinary CPC procedure applies

Institution and pleadings: General requirements concerning plaints, pleadings and documents remain relevant, subject to the special plaint requirements in Order XXXVII Rule 2.
Service of process: Ordinary procedural principles apply to the extent consistent with the prescribed summary suit summons and the special requirements of Rules 2 and 3.
Appearance and defence: Rule 3 specifically governs entry of appearance, summons for judgment and leave to defend. These special steps take precedence over the ordinary route for filing a defence.
Trial after leave: Where leave to defend is granted, subsequent proceedings generally follow the ordinary civil trial framework, subject to conditions imposed by the court and other applicable provisions.
Judgment, decree and execution: General CPC provisions apply where not displaced by Order XXXVII, including its express rules about judgment and setting aside decrees.

Important distinctions between ordinary and summary suits

In an ordinary civil suit, a defendant ordinarily contests the claim by following the standard written-statement procedure. In an Order XXXVII suit, the defendant must first comply with the special appearance procedure and, after summons for judgment, seek leave to defend. Failure to take the required steps may result in a decree under the summary procedure.

Rule 7 therefore operates as a bridge between the two procedural systems, without diluting the specific safeguards or consequences laid down in Order XXXVII.

Related provisions of Order XXXVII

Rule 1: Courts and classes of suits to which the Order applies.
Rule 2: Institution of summary suits and consequences of failure to enter appearance.
Rule 3: Appearance of defendant, summons for judgment and leave to defend.
Rule 4: Power to set aside a decree in special circumstances.
Rule 5: Deposit of a bill, hundi or note and security for costs.
Rule 6: Recovery of expenses of noting a dishonoured bill or note.
Rule 7: Ordinary procedure applies except as otherwise provided.

Practical implications

Litigants should identify the particular procedural question and first check whether Order XXXVII contains a specific rule. If it does not, the ordinary CPC provisions may supply the procedure. Court-specific rules, statutory amendments and the facts of the case can affect the result.

Legal reference: Read the Code of Civil Procedure, 1908 on India Code, the official legislative database. Check the applicable version and any local amendments before relying on a provision in litigation.

Frequently asked questions

Does Order XXXVII Rule 7 permit a defendant to defend without leave?

No. The specific requirements for entering appearance and obtaining leave to defend are governed by Rule 3 and are not overridden by Rule 7.

Does ordinary civil procedure apply after leave to defend is granted?

Generally yes, insofar as it is consistent with Order XXXVII, the terms of leave and applicable court rules.

What happens if Order XXXVII conflicts with an ordinary procedural rule?

The special provision of Order XXXVII ordinarily controls the summary suit procedure, subject to the governing law and any applicable amendments.