--- title: "Is the court fee applicable in the case of Order XXXVII Petitions?" description: "Is the court fee applicable in the case of Order XXXVII Petitions?" author: "Lily Chitlangiya" published: 2021-11-29 canonical: https://answers.mindstick.com/qa/94208/is-the-court-fee-applicable-in-the-case-of-order-xxxvii-petitions category: "law & legal issues" tags: ["laws", "laws and legal issues"] reading_time: 3 minutes --- # Is the court fee applicable in the case of Order XXXVII Petitions? Is the court [fee](https://www.mindstick.com/news/2253/twitter-shall-be-charging-a-fee-of-20-per-account-for-verification) applicable in the case of Order XXXVII Petitions? ## Answers ### Answer by Sanjay Goenka **Yes, the Court fee of a civil suit is applicable under order 37 of Code Procedure** This order has always been a **matter of dispute**. To give justice to those who have been **suffering the act of dishonoring [cheques](https://answers.mindstick.com/qa/31702/what-are-the-different-types-of-cheques)** for a very long period, the concern related to this problem has been led down in this provision, **As order 37 of code Procedure**. The order can be stated as - \ **[Order XXXVII of Code Procedure](http://www.legalservicesindia.com/article/1514/Order-37,-CPC,-Summary-Suits.html)** - This provision of the Law provides the **legal Right** to suit **against a person who is not returning the money.** Here returning means the **return of debt**, **hundies**, **liquidated demand payable on a written contract, and any promissory notes.** - This Right **provides us a speedy trial to recover it** and this is the reason it is also known as the **Recovery Right**. And to have a unique quality, it provides a speedy trial for the **recovery suit.** - This provision has two rules one is **2(3)** and the other is **2(6)** by which it can order the defendant to return the money. These are as follows- - **2(3)** states the procedure to give his appearances in the court within the **10 days** from the **service of summons on him**. And after entertaining the appearances, **the plaintiff will serve the judgment** on the defendant within the **10 days** of the complaint explaining the cause of action, damages for the compliant, and in a belief, there is no defence for the suit. - **2(6)** states that if the defendant does not apply **for leave to defend,** (1)**the plaintiff can ask for the judgment on the same day** or the (2) **the court may pass the order to the defendant for returning the money or the debt which is deemed fir for the plaintiff.** **The famous case related to order 37 of CPC** \ **Sunil enterprises and Anr. V. SBI Ltd** In this case, the Supreme Court has **decided the defence merits of the defendant to defend himself**. And we can also say that this is the **crux of all the judgments related to order 37 of CPC.** \ **The main points of the judgment are as follows-** - If the defendant satisfied the court that **he has a good defence ground** then the **defendant is entitled to unconditional leave to defend.** - Even though the defendant says that **he has a fair or reasonable defence,** although not a possibly good defence, the **defendant is entitled to leave to defend** - If the defendant **has the claim of having the imaginary or practical defence** even though he is not **entitled to leave to defend.** --- Original Source: https://answers.mindstick.com/qa/94208/is-the-court-fee-applicable-in-the-case-of-order-xxxvii-petitions Copyright © MindStick Software Pvt. Ltd. This Markdown version is provided for developers, AI systems, and offline reading.