Summary Suit under Order XXXVII CPC for Recovery of Money

Introduction

A summary suit under Order XXXVII of the CPC is the preferred remedy for recovering liquidated money due on a written instrument — a loan agreement, promissory note, guarantee, or unpaid invoices. Unlike an ordinary civil suit, the defendant cannot file a written statement without first obtaining leave to defend, and leave is granted only if the court is satisfied that the defendant has a substantial defence or is willing to deposit the admitted amount. This makes Order XXXVII the fastest route to a money decree in the Indian civil system, especially for commercial disputes.

When to Use This Prompt

• Recovery of a fixed sum due on a written contract, promissory note, bill of exchange or guarantee.
• Recovery of unpaid invoices where the amount is admitted or easily computed from the contract.
• Enforcement of a bank guarantee or corporate guarantee for a liquidated claim.
• Where the defendant has no legitimate defence and is likely to use delay as a strategy.

Statutory & Case-Law Backdrop

Code of Civil Procedure, 1908 — Order XXXVII Rules 1 to 7 (summary procedure), Order XX Rule 1 (decree), Section 34 (interest). Commercial Courts Act, 2015 — where the dispute is a 'commercial dispute' as defined in Section 2 and the value exceeds the notified threshold, the suit must be filed before the Commercial Court/Division. Key judgments: Mechelec Industries v. MV Technical Services (1996) 4 SCC 300 (leave to defend not granted unless substantial defence); IDBI Trusteeship v. Hubtown (2016) 17 SCC 401 (meaning of 'substantial question of law'); ICICI Bank v. Official Liquidator (2010) 8 SCC 1 (summary procedure not a substitute for ordinary trial in complex cases).

The Prompt

Paste into ChatGPT, Claude or Gemini. Replace every bracketed placeholder with your specific facts before generating.

Draft a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 for recovery of a liquidated sum due on a written contract, promissory note, bill of exchange or guarantee.

Inputs:
- Plaintiff: [NAME, ADDRESS, BUSINESS / INDIVIDUAL]
- Defendant: [NAME, ADDRESS]
- Cause of action: [NATURE OF DEBT — LOAN / GOODS SUPPLIED / GUARANTEE / INVOICE]
- Written instrument: [TYPE, DATE, AMOUNT, KEY TERMS]
- Principal amount: [₹ AMOUNT]
- Interest rate: [% PER ANNUM / CONTRACTUAL / SECTION 34 CPC]
- Period: [FROM DATE TO DATE]
- Total claim: [₹ AMOUNT]
- Court fee: [AD VALOREM ON CLAIM]
- Jurisdiction: [COMMERCIAL COURT / DISTRICT COURT / HIGH COURT — BASED ON PECUNIARY LIMITS]

Structure:
1. Cause title and valuation.
2. Prayer for a summary decree under Order XXXVII Rule 2(3) without granting leave to defend unless the defendant deposits the admitted sum or shows a substantial defence.
3. Pleading that the suit is founded on a written contract, instrument or guarantee and the debt is for a liquidated sum only.
4. Particulars of the debt, default and notice of demand (if any).
5. Interest claim under Section 34 CPC and/or contract.
6. Prayer for principal, interest, costs and future interest.
7. Verification and affidavit in support.

Annex: contract/note/guarantee, invoice/ledger, notice of demand, acknowledgements, bank statements.

Anatomy of the Draft

Why the prompt is built the way it is — section by section.

Common Mistakes to Avoid

• ×Adding unliquidated damages or complex claims that disqualify Order XXXVII.
• ×Filing in a regular civil court when the dispute is a commercial dispute under the Commercial Courts Act.
• ×Praying for a regular decree instead of a summary decree under Rule 2(3).
• ×Failing to annex the written instrument — the suit is dismissed at the threshold.

Frequently Asked Questions

Final Thoughts

Order XXXVII is a procedural weapon for creditors with clean documents and an undisputed liquidated claim. The suit lives or dies by the written instrument and the precision of the prayer. If the facts are messy, use an ordinary suit; if the facts are clean, Order XXXVII is the fastest path to a decree.