What is the time limit for filing a Petition under order XXXVII of CPC?

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Lily Chitlangiya asked 29-Nov-2021 in Law & Legal Issues by Lily Chitlangiya

What is the time limit for filing a Petition under order XXXVII of CPC?

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Lily Chitlangiya answered 29-Nov-2021 by Lily Chitlangiya
Order 37 or the Summary Suit or CPC

In civil cases, the recovery suits have been a long-drawn battle and this is something that is the best avoided. It is not so, as at the previous time the recovery suit generally used to take several years for their judgment, but at present, it is not so, if any petitioner knows the real scope of order 37 of the Code of Civil procedure. In which it is mentioned that the defendant should mark his presence or answer within the 10 days of receiving the summons.

General analysis of Order 37 of CPC
  • The Rule 1 and sub-rule 2 of the order provide a broad jurisdiction to make its applicability in the matters like bills of exchange, hundies, and promissory notes or the recovery of money that was demanded in the form of a written contract, an enactment when the money is taken in a single time, a guarantee in respect of a debt or liquidated demand. Rule 2 requires the order of 37 suits that others are included
  •  an enactment when the money is taken in a single time, a guarantee in respect of a debt or liquidated demand.
  • Rule 2 requires the order of 37 suits that others are included

  • in this suit and requires a specific averment to ensure that the suit is filed under this order and no remedy has been given which falls under this sphere of this order.
  • Under order 37 there are two stages are given to get the suit decree the one is rule 2(3) and the other is rule 2(6)
  • Rule2 (3) - this tells about the appearance of the defendant and that is 10 Days from the day of receiving summon. After this period the petitioner serves over the defendant’s summons for the judgment. Verifying the cause of action the amount will be claimed.
  • Rule2 (6) –states that if the defendant does not apply for leave to defend, there will be two conditions for the petitioner the one is, the petitioner is entitled to claim for immediate judgment or the other is the court will direct the defendant to pay security as it deemed fit.