Recovery service

Summary Suit for Recovery of Money (Order XXXVII CPC)

When a buyer owes a fixed sum under a written contract or invoices and simply will not pay, Indian civil procedure offers a fast lane: the summary suit under Order XXXVII of the Code of Civil Procedure. FundRaksha, India's best debt recovery company for B2B suppliers and MSMEs, uses it for commercial debts that do not fit MSME Samadhaan or Section 138, with 30% payable only on recovery.

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Short answer

A summary suit under Order XXXVII CPC is a civil suit for a liquidated sum based on a written contract, invoice, bill of exchange or promissory note. The defendant cannot defend as of right; he must apply for leave to defend within 10 days of service and show a substantial, triable defence. If he fails, the court passes a decree without trial. It must be filed within three years of the due date. FundRaksha drafts, files and argues it for a 30% success fee.

Ordinary suit versus summary suit

An ordinary money suit allows the defendant to file a written statement, frame issues, lead evidence and cross-examine; it can take years. A summary suit reverses the burden. The plaintiff files on the documents; the defendant is served a summons for judgment and must, within 10 days, apply for leave to defend by disclosing facts that show a genuine defence. Vague denials, afterthought quality complaints and bare counter-claims do not qualify. If leave is refused, or granted only on condition of depositing the amount in court, the plaintiff gets a decree quickly.

For a creditor with clean documents, this is the civil remedy of choice. It is available in the High Courts with original jurisdiction, commercial courts and district courts, and is routinely used for B2B invoice claims.

Which debts qualify

  • Unpaid invoices under a written purchase order, supply agreement or MSA, where the amount is fixed
  • Dues under a signed statement of account or ledger confirmation
  • Amounts under a settlement agreement or acknowledgement of debt that the buyer has breached
  • Promissory notes, hundis, bills of exchange and dishonoured cheques (as a civil claim alongside Section 138)
  • Guarantees for a fixed sum

Claims that depend on disputed facts, unliquidated damages or quantum meruit are not suited to summary procedure and are handled as ordinary suits or arbitration. The free consultation makes this call before anything is filed.

The summary suit timeline

  1. Legal notice from the advocate within 24 hours, demanding payment and recording the claim. Not legally mandatory for a suit, but it often produces payment and strengthens the record.
  2. Plaint and documents filed in the court with jurisdiction (where the contract was made or performed, or where the defendant resides or works), with court fee paid on the claim value.
  3. Summons served; defendant must enter appearance within 10 days.
  4. Summons for judgment served; defendant must apply for leave to defend within 10 days with an affidavit disclosing the defence.
  5. Hearing on leave. Leave refused: decree. Leave granted conditionally: deposit ordered. Leave granted unconditionally: the suit proceeds, but on a tighter track.
  6. Execution of the decree: attachment of bank accounts, receivables or property.

In commercial courts, pre-institution mediation is required for suits not seeking urgent relief; the advocate factors this in and uses it as another settlement opportunity.

Costs and how FundRaksha charges

Court fee varies by state and claim value and is borne by the client; it is quoted before filing and is often recoverable as costs in the decree. FundRaksha Legal's own fee is 30% of the amount actually recovered, nothing upfront. The advocate who sent the notice drafts the plaint, appears at every hearing and runs the execution. Try the recovery fee calculator for your numbers.

About 60% of our matters settle before anything is filed, and many more settle once the defendant's lawyer reads the plaint and advises that leave to defend is unlikely.

Related remedies and where we file

A summary suit is one of several routes. Udyam-registered suppliers usually prefer MSME Samadhaan, which has no court fee. Bounced cheques go under Section 138. Contracts with an arbitration clause go to arbitration. FundRaksha files summary suits in commercial courts across India, including Delhi, Maharashtra and Telangana. Book a free consultation to find out whether your debt qualifies.

Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.

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Talk to a FundRaksha recovery expert for free. In one call we assess your unpaid invoices and tell you honestly what can be recovered, how, and in roughly how long. No fee for the call, no obligation, and no upfront cost if you go ahead: our fee is a percentage of what we actually recover.

  • A review of your invoices, purchase orders, delivery proof and the buyer’s replies
  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
  • A realistic timeline and the exact cost: nothing upfront, a success fee only on recovery
  • A dedicated advocate assigned within 24 hours if you decide to proceed
Keep these ready
  • The unpaid invoice(s) and payment terms
  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

No recovery, no fee. Court fees, if any, are borne by the client and told upfront.

FAQ

Questions, answered

If leave to defend is refused, a decree can come within months of filing. If leave is granted, the suit continues on an expedited commercial-court track. Settlements frequently happen at the leave stage. Timelines vary by court.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.