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
- 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.
- 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.
- Summons served; defendant must enter appearance within 10 days.
- Summons for judgment served; defendant must apply for leave to defend within 10 days with an affidavit disclosing the defence.
- Hearing on leave. Leave refused: decree. Leave granted conditionally: deposit ordered. Leave granted unconditionally: the suit proceeds, but on a tighter track.
- 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.