Order 37 MCQ Quiz - Objective Question with Answer for Order 37 - Download Free PDF

The correct answer is 'Within 10 days of service of summons'

Key Points

• Summary Suit under Order XXXVII of C.P.C.:
  • A summary suit is a legal procedure used for the expeditious disposal of suits where the defendant is not allowed to defend the suit unless they obtain permission from the court.
  • This procedure is typically used in cases involving negotiable instruments such as bills of exchange, promissory notes, and other written contracts.
  • The objective is to prevent undue delay in the recovery of debts and to avoid a prolonged litigation process.
• Defendant's Right to Seek Leave to Defend:
  • Under Order XXXVII Rule 3(5) of the Civil Procedure Code (C.P.C.), the defendant may seek leave to defend the suit within 10 days from the service of the summons.
  • If the defendant fails to apply for leave to defend within this time frame, the plaintiff is entitled to a decree in their favor.
  • The court may grant leave to defend only if the defendant discloses such facts as may be deemed sufficient to entitle him to defend the suit.

Additional Information

• Other Options Explained:
  • Within 30 days of service of summons:
    • This option is incorrect because the time frame for seeking leave to defend in a summary suit is specifically 10 days, not 30 days.
  • Within 60 days of service of summons:
    • This option is incorrect as it exceeds the 10-day limit set by Order XXXVII of C.P.C. for seeking leave to defend a summary suit.
  • Within 90 days of service of summons:
    • This option is incorrect because it does not conform to the 10-day period stipulated for the defendant to seek leave to defend.

The correct answer is option 2.Key Points

• Rule 1 of Order 37 deals with courts and classes of suits to which the Order is to apply.
• (1) This Order shall apply to the following Courts, namely:—
  • (a) High Courts, City Civil Courts and Courts of Small Causes; and
  • (b) other Courts:
  • Provided that in respect of the Courts referred to in clause (b), the High Court may, by notification in the Official Gazette, restrict the operation of this Order only to such categories of suits as it deems proper, and may also, from time to time, as the circumstances of the case may require, by subsequent notification in the Official Gazette, further restrict, enlarge or vary, the categories of suits to be brought under the operation of this Order as it deems proper.

Additional Information

•  Order 37 rule (2) Subject to the provisions of sub-rule (1), the Order applies to the following classes of suits, namely:—
  • (a) suits upon bills of exchange, hundies and promissory notes;
  • (b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising,—
    • (i) on a written contract, or
    • (ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or
    • (iii) on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only.

The correct answer is option 4.​
Key Points

• Order 37 under C.P.C 1908 deals with Summary Procedure.
• Rule 1 of Order 37 deals with courts and classes of suits to which the Order is to apply.
• This Order shall apply to the following Courts, namely:
  • High Courts, City Civil Courts and Courts of Small Causes, and
  • Other Courts
• Rule 1(2) says Order applies to the following classes of suits, namely:
  • Suits upon bills of exchange, hundies and promissory notes,
  • Suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising:
    • On a written contract, or
    • On an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty, or
    • On a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only

The correct answer is option 3.Key Points

• Order 37 under C.P.C. 1908 deals with Summary Procedure.
• Rule 1 of O.37 deals with courts and classes of suits to which the Order is to apply.
• This Order shall apply to the following Courts, namely:
  • High Courts, City Civil Courts and Courts of Small Causes, and
  • Other Courts
• Rule 1(2) says Order applies to the following classes of suits, namely:
  • Suits upon bills of exchange, hundies and promissory notes,
  • Suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising:
    • On a written contract, or
    • On an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty, or
    • On a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only

The correct answer is option 1

 Key Points

• Order 37 Rule 1(2)(b)(c) CPC direct covers option (1)
•  ORDER XXXVII is SUMMARY PROCEDURE

• The provisions of Order XXXVII apply to High Courts, City Civil Courts, Courts of Small Causes and other courts to:

  • (a) suits upon bills of exchange, hundies and promissory notes, and
  • (b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising,--
    • (i) on a written contract; or 
    • (ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty, or
    • (iii) on a guarantee, where the claim against the principle in respect of debt or liquidated demand only.

The correct answer is option 1

 Key Points

• Order 37 Rule 1(2)(b)(c) CPC direct covers option (1)
•  ORDER XXXVII is SUMMARY PROCEDURE

• The provisions of Order XXXVII apply to High Courts, City Civil Courts, Courts of Small Causes and other courts to:

  • (a) suits upon bills of exchange, hundies and promissory notes, and
  • (b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising,--
    • (i) on a written contract; or 
    • (ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty, or
    • (iii) on a guarantee, where the claim against the principle in respect of debt or liquidated demand only.

The correct answer is 'Within 10 days of service of summons'

Key Points

• Summary Suit under Order XXXVII of C.P.C.:
  • A summary suit is a legal procedure used for the expeditious disposal of suits where the defendant is not allowed to defend the suit unless they obtain permission from the court.
  • This procedure is typically used in cases involving negotiable instruments such as bills of exchange, promissory notes, and other written contracts.
  • The objective is to prevent undue delay in the recovery of debts and to avoid a prolonged litigation process.
• Defendant's Right to Seek Leave to Defend:
  • Under Order XXXVII Rule 3(5) of the Civil Procedure Code (C.P.C.), the defendant may seek leave to defend the suit within 10 days from the service of the summons.
  • If the defendant fails to apply for leave to defend within this time frame, the plaintiff is entitled to a decree in their favor.
  • The court may grant leave to defend only if the defendant discloses such facts as may be deemed sufficient to entitle him to defend the suit.

Additional Information

• Other Options Explained:
  • Within 30 days of service of summons:
    • This option is incorrect because the time frame for seeking leave to defend in a summary suit is specifically 10 days, not 30 days.
  • Within 60 days of service of summons:
    • This option is incorrect as it exceeds the 10-day limit set by Order XXXVII of C.P.C. for seeking leave to defend a summary suit.
  • Within 90 days of service of summons:
    • This option is incorrect because it does not conform to the 10-day period stipulated for the defendant to seek leave to defend.

The correct answer is option 2.Key Points

• Rule 1 of Order 37 deals with courts and classes of suits to which the Order is to apply.
• (1) This Order shall apply to the following Courts, namely:—
  • (a) High Courts, City Civil Courts and Courts of Small Causes; and
  • (b) other Courts:
  • Provided that in respect of the Courts referred to in clause (b), the High Court may, by notification in the Official Gazette, restrict the operation of this Order only to such categories of suits as it deems proper, and may also, from time to time, as the circumstances of the case may require, by subsequent notification in the Official Gazette, further restrict, enlarge or vary, the categories of suits to be brought under the operation of this Order as it deems proper.

Additional Information

•  Order 37 rule (2) Subject to the provisions of sub-rule (1), the Order applies to the following classes of suits, namely:—
  • (a) suits upon bills of exchange, hundies and promissory notes;
  • (b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising,—
    • (i) on a written contract, or
    • (ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or
    • (iii) on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only.

The correct answer is option 4.​
Key Points

• Order 37 under C.P.C 1908 deals with Summary Procedure.
• Rule 1 of Order 37 deals with courts and classes of suits to which the Order is to apply.
• This Order shall apply to the following Courts, namely:
  • High Courts, City Civil Courts and Courts of Small Causes, and
  • Other Courts
• Rule 1(2) says Order applies to the following classes of suits, namely:
  • Suits upon bills of exchange, hundies and promissory notes,
  • Suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising:
    • On a written contract, or
    • On an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty, or
    • On a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only

The correct answer is option 3.Key Points

• Order 37 under C.P.C. 1908 deals with Summary Procedure.
• Rule 1 of O.37 deals with courts and classes of suits to which the Order is to apply.
• This Order shall apply to the following Courts, namely:
  • High Courts, City Civil Courts and Courts of Small Causes, and
  • Other Courts
• Rule 1(2) says Order applies to the following classes of suits, namely:
  • Suits upon bills of exchange, hundies and promissory notes,
  • Suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising:
    • On a written contract, or
    • On an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty, or
    • On a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only

Rule 3(5) says that the defendant may apply for leave to defend within ten days of the delivery of such notice to appear for judgement by affidavit or otherwise reveal such factual information as may be deemed sufficient to enable him to justify, and it might be given to him unquestioningly or on such conditions as the court deems fit. Furthermore, the provision states that permission to defend will not be denied unless the court is convinced that the facts revealed do not suggest a significant defence or that the defence is absurd or unreasonable.

The correct answer is Option 1

Key Points Rule 3(5) says that the defendant may apply for leave to defend within ten days of the delivery of such notice to appear for judgement by affidavit or otherwise reveal such factual information as may be deemed sufficient to enable him to justify, and it might be given to him unquestioningly or on such conditions as the court deems fit. Furthermore, the provision states that permission to defend will not be denied unless the court is convinced that the facts revealed do not suggest a significant defence or that the defence is absurd or unreasonable.

The correct answer is Within ten days of such service enter an appearance and file in Court an address for service of notices on him.