--- title: "What is the time limit for filing a Petition under order XXXVII of CPC?" description: "What is the time limit for filing a Petition under order XXXVII of CPC?" author: "Lily Chitlangiya" published: 2021-11-29 canonical: https://answers.mindstick.com/qa/94213/what-is-the-time-limit-for-filing-a-petition-under-order-xxxvii-of-cpc category: "law & legal issues" tags: ["laws", "laws and legal issues"] reading_time: 2 minutes --- # What is the time limit for filing a Petition under order XXXVII of CPC? What is the time [limit for filing](https://answers.mindstick.com/qa/94645/what-is-the-time-limit-for-filing-a-civil-suit-for-money-fraud-in-india) a Petition under order [XXXVII](https://answers.mindstick.com/qa/39934/at-super-bowl-xxxvii-in-2004-which-two-artists-performed-at-half-time-leading-to-a-nipple-slip-later-referred-to-as-a-wardrobe-malfunction) of CPC? ## Answers ### Answer by Lily Chitlangiya **[Order 37 or the Summary Suit or CPC](http://www.legalservicesindia.com/article/1514/Order-37,-CPC,-Summary-Suits.html)** \ 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](https://legislative.gov.in/sites/default/files/A1908-05.pdf)**. 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](https://www.britannica.com/topic/summons).** 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.** --- Original Source: https://answers.mindstick.com/qa/94213/what-is-the-time-limit-for-filing-a-petition-under-order-xxxvii-of-cpc Copyright © MindStick Software Pvt. Ltd. This Markdown version is provided for developers, AI systems, and offline reading.