Civil

Plaint Under Order XXXVII CPC for Recovery of Money

This is a plaint instituting a summary suit under Order XXXVII of the Code of Civil Procedure, 1908. It is the prescribed filing for recovering a debt or liquidated demand in money arising from a written contract, an enactment, a guarantee, or a negotiable instrument such as a bill of exchange, hundi, or promissory note.

The suit is filed in a High Court, City Civil Court, Court of Small Causes, or other notified court. The plaint must contain the specific Order XXXVII averment on its face and be supported by an affidavit verifying the cause of action and the amount claimed.

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Governing law
Order XXXVII of the Code of Civil Procedure, 1908 (read with the Commercial Courts Act, 2015, where the claim is a commercial dispute)
Sections
s. Order XXXVII Rule 1s. Order XXXVII Rule 2s. Order VII Rule 1
Filed before
Commercial / District / City Civil Court

When this is the right filing

  • When the claim is for a debt or liquidated demand in money payable under a written contract, an enactment, or a guarantee.
  • When the suit is based on a bill of exchange, hundi, or promissory note.
  • When the plaintiff seeks a swift decree without the defendant having an automatic right to defend, subject to the court granting leave.
  • Do not use this plaint if the claim is for unliquidated damages or requires extensive oral evidence, as those suits must proceed as ordinary civil suits.

What the court looks for

  • A clear averment on the face of the plaint that the suit is filed under Order XXXVII CPC and that no relief outside its scope is claimed.
  • A supporting affidavit that verifies the cause of action and confirms the amount claimed is due and payable.
  • Specific facts that establish the written contract, enactment, guarantee, or negotiable instrument forming the basis of the liquidated demand.
  • Pleadings that pre-empt a frivolous or vexatious defence, anchoring the claim on the triable-issue standard for leave to defend.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Facts
  2. 2Grounds / legal submissions
  3. 3Prayer
  4. 4Verification
  5. 5Affidavit in support of the plaint
  6. 6Index / annexures
How it opens
1. That the present suit is filed under the specific provisions of Order XXXVII of the Code of Civil Procedure, 1908, for recovery of a debt / liquidated demand in money payable by the Defendant(s) to the Plaintiff, arising from [instrument basis].

Bracketed items are filled from your case.

Frequently asked questions

What is the consequence of not including the mandatory Order XXXVII averment in the plaint?

The suit may not be treated as a summary suit under Order XXXVII CPC. The court could reject the plaint or treat it as an ordinary suit, which would defeat the purpose of seeking an expedited decree and allow the defendant an automatic right to file a written statement.

Is pre-institution mediation mandatory before filing this suit?

For commercial disputes under the Commercial Courts Act, 2015, Section 12A mandates pre-institution mediation unless the plaintiff seeks urgent interim relief. This requirement does not apply to non-commercial recovery suits filed under Order XXXVII CPC.

What happens after the defendant enters appearance in a summary suit?

Once the defendant enters appearance, the plaintiff must take out a summons for judgment. The defendant may then apply for leave to defend under Order XXXVII Rule 3. The court will grant or refuse leave based on whether the defence raises a triable issue or is merely frivolous and vexatious.

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