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Civil Procedure Code Order 37 provides for the summary procedure

The document outlines the procedure for summary suits under Order 37 of the Civil Procedure Code, which allows for expedited judgment when a defendant has no valid defense. It details a specific case where a plaintiff, a limited company, seeks recovery of a debt from a defendant company due to a dishonored cheque. The plaintiff requests a decree for the owed amount along with interest and costs of the suit.

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Bhumi
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6 views

Civil Procedure Code Order 37 provides for the summary procedure

The document outlines the procedure for summary suits under Order 37 of the Civil Procedure Code, which allows for expedited judgment when a defendant has no valid defense. It details a specific case where a plaintiff, a limited company, seeks recovery of a debt from a defendant company due to a dishonored cheque. The plaintiff requests a decree for the owed amount along with interest and costs of the suit.

Uploaded by

Bhumi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Civil Procedure Code Order 37 provides for the summary procedure.

The provision has been made keeping in view certain suits, in order
to prevent the unreasonable obstruction laid down by the defendant,
who has no defence. Unlike other civil suits, the trial in summary
suits begins after the court grants leave to the defendant to contest
the suit. The court dealing with summary suits can pass the
judgment in the favour of the plaintiff if (1) the defendant has not
applied for leave to defend or if such application has been made but
refused, or (2) the defendant who is permitted to defend fails to
comply with the conditions on which the leave to defend was
granted.

IN THE COURT OF _____________________________

C.S. (OS) NO ________________ OF 20__

IN THE MATTER OF:

M/s. ________________ ...Plaintiff

VERSUS

M/s. ________________ ...Defendants

SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL


PROCEDURE, 1908 FOR RECOVERY OF Rs. _______/- (RUPEES
_____________)

MOST RESPECTFULLY SHOWETH:

1. The Plaintiff is a Limited Company having its branch office at


__________________________________________________________________an
d having its Registered Office and Factory at
_____________________________________________________________________
. The Plaintiff provides solution for
_________________________technology, technological design and with
highly skilled engineering team provides application oriented
solutions that suits Indian Environment. The present Suit is being
filed through Mr. _________________________________, Manager Sales
(North), the authorised Signatory of the Plaintiff who has been duly
authorised vide Board Resolution dated 18th _____________ to file the
present Suit on behalf of the Plaintiff.

2. The Defendant No.1 is a Private Limited Company having its office


at __________________________, India.

3. That the Defendant No.2 is the Director of Defendant No. 1


Company and is responsible for execution of all the functions related
to the business of the Company.

4. That in the year __________ the Defendants approached the


plaintiff to purchase ______________ Products and placed order to
purchase products from the Plaintiff.

5. That the Plaintiff had sold ______________ product worth Rs.


______________/- (Rupees ______________) to Defendant No. 1 and
Defendant No. 1 through its staff had taken delivery of the product
as per the details mentioned below.

INVOICE NO. DATE AMOUNT

6. That the Defendant No. 1 had made payment of Rs. ___________


towards part payment against the above said invoices. There is a
balance of Rs. _______________ (Rupees ________________ only)
receivable by the Plaintiff against the above mentioned invoices.

7. That on _________________ Defendant No. 1 had issued a cheque


____________ for _____________/- (Rupees _____________ only) drawn on
_________________ to the Plaintiff towards part payment against the
remaining amount.

8. That the aforesaid cheque for Rs. ___________________ /-


(_________________only) was presented by the Plaintiff to the bankers
of Defendant No. 1 i.e. ______________________ .

9. That the said cheque had been dishonoured by bankers of


Defendant No. 1 with the reason "Exceeds Arrangement " which was
intimated to the Plaintiff by their Bankers ___________________
through their cheque return memo dated _____________ received on
_____________.

10. That thereafter in spite of many telephonic, e-mail reminders


and personal visit by the staff of plaintiff, the Respondents failed to
make the payment due to the Plaintiff.
11. That the Plaintiff issued a legal notice dated ______________
demanding amount of Rs. _____________ against the returned
cheque, which was not replied by the Defendants.

12. That the Suit is within the period of limitation.

13. That the cause of action arose in favour of the Plaintiff and
against the Defendants. The cause of action arose on 14-Jun-__, 6-
Jul-___, 6-Jul-___, 11-Sep-___, when the Defendants purchased
____________ product worth ___________ (Rupees ________________).
The cause of action arose when the Legal Notice dated _________ was
send by registered post on ____________ upon the Defendants.

14. That this Hon'ble Court is competent to try the present Suit as
the Branch office of the Plaintiff through which the transactions are
done is situated in its territorial jurisdiction.

In the facts and circumstances of case mentioned herein above this


Hon'ble Court may graciously be pleased to:

P R A Y E R

a) pass a decree against the Defendants jointly and severally to pay


the sum of Rs. _________________/- Along with pendent lite and future
interest @24% per annum; and

b) Award the cost of suit in favour of the Plaintiff; and

c) Pass such other or further orders as this Hon'ble Court may deem
fit in the facts and the circumstances of the case.

Plaintiff
Through

Advocate for the Plaintiff

Dated:
New Delhi

VERIFICATION:
I, ______________, the authorised representative of the Plaintiff do
hereby verify that the contents of the para 1 to ______ of the Plaint
are true and correct to my knowledge and as derived from the
records of the case, no part of it is false and nothing material has
been concealed there from.

Verified at New Delhi on this ______ day of ______, 20__

DEPONENT

Plaintiffs

Through
_______________
Advocates for the Plaintiffs

Dated:
New Delhi

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