Recovery of Legal Dues Under CPC Law- Under the Order XXXVII of the Code of Civil Procedure, 1908, a provision of the summary suit has been provided which provides for effective and timely disposal of cases[1] where the defendant is not having any defence. A summary suit is triable in High Court, District Courts and Small Causes Court. Such a suit can be tried in any other court as well by the notification of the High Court for the same. The statute of limitations is three years for summary suits. The procedure in such summary suits is that the plaint is filed by the plaintiff and the judgment is given soon after analyzing the case. If the defendant wants to defend the case, permission from the court is required to do the same. Rule 1 of the said order has defined classes of suits for which a summary suit can be filed which are the suits upon bills of exchange, hundies, promissory notes and suits in which the plaintiff seeks to recover a debt or liquidated demand to be paid by the defendant arising by a written contract, an enactment or guarantee.[2]

HOW TO FILE A SUIT FOR RECOVERY OF MONEY OR LEGAL DUES?

To file a suit for recovery of money or recovery of legal dues such summary suits are filed under CPC law. Rule 2 & 3 of Order XXXVII provides for the procedure for the institution of such suits.

Rule 2 provides that the summary suit has to be filed by presenting a plaint by the plaintiff in the court where it has to be mentioned that
1. The suit is being filed under the summary proceedings
2. The relief that the plaintiff is seeking is under the ambit of Order 37
3. And below the title of the suit, it has to be mentioned –
“Under Order XXXVII of the Code of Civil Procedure, 1908”.

After filing, such plaint, summons and copy of the plaint with annexure have to be issued to the defendant so that the defence can have the knowledge of such suit being filed and such summon should be in the format as has been prescribed by the CPC in form No. 4 of Appendix B. The defendant is given a time of ten days to make his appearance from the time of receipt of summons. If the defendant does not make any appearance it is assumed by the court that the defendant has admitted to the allegations that are made by the plaintiff in the plaint and the court gives the judgment directly in favour of the plaintiff granting the sum mentioned as well as the costs and interest.

However, if the defendant makes the appearance, it has to give notice to the plaintiff for the same. The defendant appearing on the date of appearance will be served by the plaintiff with summon from the judgment form for which is provided by CPC in Form No. 4A of Appendix B, an affidavit stating the cause of action, the amount that is claimed and that there is no defence to the suit.[3]

Within ten days of serving of such summon the defendant can apply for leave to defend the suit.[4] Such leave to defend the suit must state and disclose such facts which the defendant believes sufficient to grant him the right to defend. If such an affidavit is submitted the court will not deny the right to defend the case by the defendant unless there are no substantial facts or defence that has been raised by the defendant and the court feels that defence does not have any value.

In cases where a particular amount that is claimed by the petitioner is admitted by the defendant and for the rest of the amount the dispute lies, the court will permit the defendant to admit such amount of money that was admitted by him to be payable to the plaintiff and then only the suit can proceed for the defendant to make his defence for the remaining amount. The court can also ask the defendant to submit some amount as security to the court.

If the defendant is given the chance to defend in the court the remaining proceedings will be in the same manner as of a civil suit.[5]

LISTS OF DOCUMENTS TO BE SUBMITTED BEFORE THE COURT –
While filing a plaint the plaintiff has to file-
1. The Plaint
2. Documents proving a Written contract or enactment or guarantee
3. The document having the particulars of the claim
4. Any other correspondence or proof.
5. An affidavit verifying all facts

While the defendant is filing for the leave to defend the suit, he should provide with sufficient material or documents to show that there is a need for verification in the facts. The defendant has to submit before the court an affidavit for leave to defend the along with documents pertaining to dispute as to the document in question or the uncertainty of the amount or involvement of any other fact or non- disclosure of any fact by the plaintiff.

[1] The Free Dictionary (visited on 25 April, 2020), .
[2] Rule 1, Order XXXVII, CPC.
[3] Rule 3(3), Order XXXVII, CPC.
[4] Rule 3(5), Order XXXVII, CPC
[5] Rule 7, Order XXXVII, CPC.

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