Last Updated on April 15, 2020 by Legalseva.net

The term “Suit for Recovery” also known as “Summary Suit” or “Summary Procedure” given under Order XXXVII of the Code of civil procedure, 1908 defines the procedure of a recovery suit in case the defendant does not have any defense. This order is applicable to every suit for the recovery of bills of exchange, hundies, promissory note or the suits in which the plaintiff seeks to recover a debt payable by the defendant, arising out of a written contract or where the sum being recovered is on a guarantee by the defendant. According to the Code of Civil Procedure, 1908 there is a limit of 3 years for a civil recovery suit to be filed in a court which has the jurisdiction of entertaining the suit failing which the claim is barred by time, and the plaintiff loses his right of recovery.

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Determining the jurisdiction of the suit involves taking in account the territorial as well as pecuniary jurisdiction, territorial jurisdiction being courts in the place of residence of the defendant, place where the defendant conducts business for his profitable gain or any place where the cause of action of the suit wholly or partially arises. Once the territorial jurisdiction is determined, the pecuniary jurisdiction is to be addressed.

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Pecuniary jurisdiction can also be referred as monetary jurisdiction of the court, different courts of different states have their own monetary jurisdiction which is set upon by the High Court of the particular state. Ex. The pecuniary jurisdiction of district courts in Delhi is matters which contain the recovery amount of below or equal to Rs. 20,000000, and the suits above the value of Rs. 20,000000 lies before the Delhi High Court.Some of the states does not have any pecuniary jurisdiction for the High Courts, all the matters go to the civil court and the High court only hears appeal of the suit.

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The suit for recovery under Order XXXVII of CPC, if the plaintiff desires, can be initiated by way of submitting a plaint. The plaint should be accompanied by the supporting documents i.e. written contracts, particulars of claim and correspondence if any. While filing s suit, the court fees is to be filed by the plaintiff failing which the suit shall be returned by the court.The Plaint filed by the plaintiff should contain, a formal statement by the plaintiff that the suit is filed under Order XXXVII, that the plaintiff desires no relief, which does not fall within Rule 2 of Order XXXVII. Rule 2(3) Order XXXVII also prescribes that the defendant shall not defend the suit filed unless the defendant makes an appearance and default in making an appearance, the allegation in the plaint would be deemed to be admitted and the plaintiff would now be entitled to a decree for any sum, not more than the sum presented in the plaint, together with the interest at the rate specified.

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After the initiation of the suit it is the responsibility of the plaintiff under Rule 3 Order XXXVII that, together with the summons under Rule 2, the plaintiff shall serve on defendant a copy of the plaint, and annexures of the order xxxvii and the defendant may, at any within ten days of that service, enter an appearance either in person or by pleader, in any case, the defendant shall file in court an address for service of notices on him. If the defendant enters an appearance the plaintiff is required to serve the defendant with a summon for judgement, returnable in not less than 10 days of the said service accompanying with an affidavit stating that the defendant verifies the cause of action and the amount claimed and in his view there is no defence to the said suit.

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The defendant may, if he chooses, within ten days from the service of the summon by the plaintiff, can apply for leave to defend the case by way of an affidavit and disclosing such facts as deemed sufficient entitle him to defend the case, the leave can be granted unconditionally or upon such term as may appear to the court or judge to be just. Mere providing of some new facts does not guarantee a leave it depends upon the court and if the court determines that the facts provided by the defendant does not indicate that he has substantial defence to raise in the court the application to leave is denied.

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Upon receiving such summons for judgement, the court or judge may issue a decree depending upon the facts of the case.Decrees can be executed by way of an Execution Application filed in the jurisdiction of the place where the assets of the Defendant/s are situated. In case of non-satisfaction of decree, the code also provides for imprisonment for the Defendant.

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The optimal benefit of Order XXXVII is that until and unless the defendant is able to demonstrate that he has sufficient cause or a substantial defense to his case the judge entitles the judgement to the plaintiff immediately, this process eliminates the delay in judgement which otherwise would have taken a lot more time considering filing a written stamen which has a period of 30-90 days and then admission of documents, denial of those documents, cross-examinations and final arguments by the parties, if the defendant is unable to show that he has substantial defense then all the above mentioned process is skipped.

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For case specific advice, Please contact Top/Best/Expert Civil Recovery Lawyer Advocate of District Court Chandigarh Panchkula Mohali Zirakpur Kharar Derabassi.

This post is written by Sankalp Parihar.