Summary suits under Order XXXVII of the Civil Procedure Code, 1908 are designed for one purpose: to help rightful claimants recover money swiftly when the debt is supported by written evidence. Unlike ordinary civil suits, where lengthy trials and disputed facts delay justice, a summary suit limits the defendant’s ability to contest without court permission. This makes it a preferred legal strategy in commercial disputes involving dishonoured cheques, unpaid invoices, or promissory notes.

In Delhi, summary suits are not only enforceable but also accelerated through the integration of the Commercial Courts Act, digital filing systems, and experienced benches. Whether you’re a business, service provider, or lender dealing with an uncooperative debtor, a summary suit under Order 37 CPC in Delhi offers a precise and time-bound legal path to fast debt recovery in Delhi.

Here are five important questions about the summary suit procedure in Delhi—and their legal answers.

 1: What kinds of claims are eligible under a summary suit in Delhi?

Not every debt can be pursued throQuestionugh a summary suit. The law restricts its use to cases where liability is evident from written instruments. As per Order 37 Rule 1 CPC, you can file a summary suit in Delhi for recovery based on:

  • Bills of exchange and promissory notes
  • Written contracts, including acknowledged invoices or agreements
  • Guarantees, where the liability arises from a written undertaking
  • Cheques, supported by a legal presumption under Section 139 of the Negotiable Instruments Act

The crucial requirement is the presence of documentary proof that clearly establishes the debtor’s obligation. If your claim rests on an oral promise, vague communication, or disputed service terms, you’re likely outside the ambit of Order 37 summary suit in Delhi.

Delhi courts, especially under the Commercial Courts framework, strictly enforce this eligibility. The burden is on the plaintiff to show that the debt is determinable purely through documents—no complex trial, no witnesses, just clean paperwork. If your case fits this mold, the summary suit procedure becomes a sharp and effective legal remedy.

Question 2: How is a summary suit different from a regular civil suit in Delhi courts?

The most striking difference between a summary suit and a regular civil suit lies in the defendant’s restricted right to defend. In a regular suit, once the plaint is admitted, the defendant has the automatic right to file a written statement, raise defences, and seek trial. But under Order 37 summary suit Delhi, the defendant cannot defend the suit unless they first apply for and obtain leave to defend from the court.

This procedural shift is significant. It prevents debtors from filing baseless defences just to stall proceedings. If the court finds that the defence is not substantial or merely a delay tactic, it may reject the leave and pass an immediate decree.

Other major differences include:

  • No framing of issues initially: Since the claim is based on documents, there’s no need for detailed issue-framing unless leave to defend is granted.
  • Time-bound process: Summary suits progress more swiftly, with specific deadlines (e.g., 10 days to enter appearance, 30 days to seek leave to defend).
  • Document-based adjudication: Courts examine the papers, not personalities. If the documents are sound, the plaintiff rarely needs to step into the witness box.

In Delhi, these distinctions are reinforced by commercial court practices, making the summary suit procedure in Delhi a faster and more focused route to justice when time and enforceability matter.

Question 3: What is the step-by-step procedure for filing a summary suit in Delhi?

Filing a summary suit under Order 37 CPC in Delhi follows a clearly defined legal route. Here’s how the process unfolds:

  • Drafting the Plaint

The suit must clearly state that it is filed under Order 37 CPC. It should lay out the facts, the amount claimed, and the written instrument on which the claim is based. Copies of all relevant documents — invoices, cheques, contracts — must be annexed.

  • Filing Before the Right Court

Depending on the value of the claim:

  • Claims above ₹2 crore are filed in the Delhi High Court (Original Civil Jurisdiction).
  • Claims below that threshold go to the appropriate District Court.
     For commercial suits above ₹3 lakh, the Commercial Court Act applies.

1.Court Fee and Verification

Appropriate ad valorem court fee must be paid. The plaint must be verified and signed in accordance with CPC requirements.

2. Summons in Special Form

The court issues a special summons under Order 37. It directs the defendant to enter appearance within 10 days. Failure to do so results in an ex parte decree.

3. Defendant’s Appearance and Leave to Defend

If the defendant appears, they must file an application seeking leave to defend within 10 days. The court examines whether the defence is genuine or illusory.

4. Decree or Trial

    • If leave to defend is refused, the court passes a decree in favour of the plaintiff.
    • If leave is granted, the matter proceeds like a regular suit — but still under the watchful eye of expedited commercial rules (if applicable).

This entire summary suit procedure in Delhi is tailored to eliminate delay and prevent misuse of procedural liberties by defaulting parties. It offers an edge to those who have acted diligently and documented their transactions well.

Question 4: What are the advantages of filing a summary suit for fast debt recovery in Delhi?

A summary suit under Order 37 CPC offers legal and strategic benefits that make it the preferred route for fast debt recovery in Delhi. Here’s why creditors routinely choose this method over regular suits:

1. Speed and Efficiency

The process bypasses prolonged pleadings and hearings. If the defendant fails to appear or secure leave to defend, a decree can be passed within weeks. Even contested cases move faster due to restricted defence rights and fixed timelines.

2. Presumption in Plaintiff’s Favour

Written instruments like promissory notes, cheques, and contracts carry a presumption of liability. The onus shifts to the defendant to prove otherwise — a tough burden unless backed by serious evidence.

3. Reduced Risk of Delay Tactics

Defendants cannot drag the case by default. To defend, they must seek leave and show a real, substantial defence. Frivolous or vague replies are routinely rejected in Delhi courts.

4. Cost-Effective Litigation

Fewer hearings mean lower legal fees. The limited scope of defence also translates into shorter court time and quicker judgments — a critical benefit for businesses chasing overdue payments.

5. Stronger Enforcement Mechanism

Once a decree is passed, it holds the same weight as one from a full civil trial. Execution can begin immediately. In Delhi, where execution courts are active and efficient, recovery through attachment, garnishee, or arrest is realistic and enforceable.

The summary suit procedure in Delhi thus combines procedural economy with judicial firmness — an ideal remedy for creditors who have clear documentation and seek resolution without trial theatrics.

Question 5: Can a summary suit be converted into a regular suit? Under what circumstances?

Yes, a summary suit can transition into a regular civil suit — but only if the court grants leave to defend. This happens when the defendant successfully demonstrates that there exists a substantial defence or a triable issue that warrants a full trial.

Here are key grounds on which Delhi courts may allow this conversion:

  1. Genuine Dispute on Facts
     If the defendant provides detailed facts that, if proven, would absolve them of liability, the court may grant unconditional leave. The case then proceeds like an ordinary suit.
  2. Partial Defence with Admission of Some Liability
     Where part of the claim is admitted but the rest is disputed, courts may grant conditional leave — for instance, subject to deposit of admitted amount or security.
  3. Procedural Irregularities in Filing
     If the plaintiff has filed the suit without meeting the requirements of Order 37 — e.g., absence of a qualifying written contract — the suit may be returned or converted to a regular civil suit.
  4. Fraud or Coercion Alleged
     Allegations that the written instrument was obtained by fraud, misrepresentation, or duress can trigger conversion, provided such claims are supported by material evidence.

That said, courts in Delhi exercise caution. They do not allow leave merely because the defendant files a reply. The standard is higher: the defence must be plausible, specific, and not a sham.

Conversion doesn’t nullify the suit — it only shifts it into a longer, more detailed process. For creditors holding valid documents, that’s often unnecessary. Hence, the power of a summary suit under Order 37 CPC in Delhi lies in keeping the focus on documentary liability and filtering out empty denials early.