order 37
Querist :
Anonymous
(Querist) 05 June 2010
This query is : Resolved
hi i wanted 2 no the complete step by step processes of order37
Pankaj Mehta
(Expert) 06 June 2010
Order 37 of cpc is intended for summary & fast disposals of money suits, in trial courts mostly this procedure used to be adopted by banks & other financial institutions, after institution of suit, summons u/o 37 rule 2 will be served upon defendant giving him time period of ten days for filing of his registered address, after that summons u/o 37 rule 3 will be issued upon registered address of defendant, after service defendant will have to present application for leave to defend and after hearing of both the parties the court can grant leave to defend , if the defence taken appears not to be shamful & frivolous, court can grant conditional leave to defend, if application get rejected, plaintiff is entitled for decree instantly, if leave is accepted the defendant will then file written statement & nnow the suit will be treated as ordinary money suit u/o seven rule 1,2. this is so called summary procedure
Surrender K Singal
(Expert) 06 June 2010
While filing Suit if you chose and the matter is eligible , you may mention above the title of suit "under Order XXXVII of CPC"
