Legal Notice under Order 37 CPC (Summary Suit): Format (2026)

Format · Civil Litigation · Summary Suit

Updated for 2026 · Claw Editorial

If someone owes you a fixed sum on a cheque, a promissory note, or a written contract and will not pay, an ordinary civil suit can drag on for years. Order 37 of the Code of Civil Procedure gives you a faster route, a summary suit, where the person who owes the money cannot defend unless the court first allows it. A clear demand notice before you file makes the case stronger. This guide explains when a summary suit applies, when a demand notice helps, a usable notice format, and how the summary-suit procedure and leave to defend work. Last verified October 2026.

01What an Order 37 summary suit is

A summary suit under Order 37 (Order XXXVII) of the Code of Civil Procedure, 1908 is a quicker way to recover a fixed, clearly owed sum of money. In an ordinary suit, the defendant files a written statement and contests the case as a matter of right, and the trial can take years. In a summary suit, the defendant cannot do that automatically. The defendant must first ask the court for leave to defend, and leave is given only where the defendant raises a genuine, triable issue.

Because a weak or delaying defence can be shut out at the start, a summary suit is a strong tool for recovering an undisputed debt. The scope of Order 37 was widened by the 1976 amendment to the Code, so it now covers more than just the older, negotiable-instrument cases.

02When Order 37 applies

A summary suit can be filed only for a liquidated demand, that is, a fixed money amount, in these kinds of cases:

• Negotiable instruments: a bill of exchange, a hundi, or a promissory note.
• A written contract, where the claim is for a debt or a fixed sum arising from it.
• A guarantee, where the claim is for a debt or liquidated amount.
• Enactment, or a written undertaking, where a fixed sum (other than a penalty) is recoverable.

It cannot be used where the amount is not fixed, or where you are asking for unliquidated damages, such as compensation that the court must still assess. A dishonoured cheque is a common base for a summary suit. The cheque can also lead to a separate criminal complaint under Section 138 of the Negotiable Instruments Act; see the Section 138 cheque bounce notice. The two remedies can run alongside each other.

03When a demand notice helps

A demand notice is not compulsory before an Order 37 summary suit (unlike the mandatory notice before a Section 138 cheque case). But sending one first is good practice because it:

• Puts the exact amount and the basis of the claim on record.
• Gives the other side a last chance to pay, which often settles the matter without a suit.
• Helps fix the point from which you claim interest, and supports your costs.

If your claim is on a dishonoured cheque, the Section 138 notice is mandatory and has its own strict timeline, so send that correctly. The civil demand notice below is for the summary-suit side.

04The demand notice format

This is a general demand notice before a summary suit on a promissory note or written contract. Adapt it to your facts. It is usually sent by an advocate. Replace the text in square brackets.

                          [On the letterhead of the Advocate]

By Registered Post A.D. / Speed Post and Email

Date: ______________

To,
[Name of the debtor]
[Full address]

SUBJECT: Demand notice for recovery of Rs [amount] before
         filing a summary suit under Order 37 CPC

Under instructions from my client, [Your name / company],
of [address] (the "Claimant"), I serve on you the following
notice:

1. You borrowed / are liable to pay to my client a sum of
   Rs [amount] under [the promissory note dated ___ /
   the written agreement dated ___ / the dishonoured cheque
   no. ___ dated ___ drawn on ___ Bank].
2. The said amount became due and payable on [date], and
   despite demand it remains unpaid.
3. You are hereby called upon to pay my client the sum of
   Rs [amount], together with interest at [rate] percent
   per annum from [date] till realisation, within 15 days
   of receipt of this notice.
4. If you fail to pay within the said period, my client
   will be constrained to file a summary suit under Order
   37 of the Code of Civil Procedure, 1908 for recovery of
   the said amount with interest and costs, entirely at
   your risk as to cost and consequences.

                                   [Advocate name]
                                   Advocate for the Claimant
                                   [Enrolment no., address]

05The summary-suit procedure

A summary suit moves faster than an ordinary suit because the steps are tightly timed. In broad terms:

1. File the plaint as a summary suit under Order 37, with the document the claim is based on, such as the promissory note or cheque.
2. The court issues summons to the defendant.
3. The defendant enters appearance within 10 days of being served with the summons.
4. The plaintiff serves a summons for judgment, asking the court to decide the case.
5. The defendant applies for leave to defend within 10 days of service of the summons for judgment, with an affidavit setting out the defence.
6. The court decides on leave. If no appearance or leave is sought, or leave is refused, the plaintiff gets a decree. If leave is granted, the suit proceeds like an ordinary suit from there.

If you win, you still have to recover the money, which may need a separate execution step; see how to file an execution petition. For the broader civil-suit format, see how to draft a civil suit plaint, and for a worked recovery example see how to file a money recovery summary suit.

06Leave to defend

Leave to defend is the heart of a summary suit, so it is worth understanding both as a claimant and as a defendant.

The court does not give leave for the asking. Guided by the Supreme Court, courts broadly follow this approach:

• If the defence raises a genuine, triable issue, leave is usually given unconditionally.
• If the defence is plausible but doubtful, leave may be given on a condition, such as depositing part or all of the claimed amount in court.
• If the defence is a sham or raises no real triable issue, leave is refused and the plaintiff gets a decree.

This is why a summary suit is powerful for an undisputed debt: a defendant with no real defence cannot simply delay the case for years.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Even a summary suit has several timed steps, summons, appearance, summons for judgment, leave to defend, and then execution, and a business chasing many debtors may have several such suits at once. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, with results in under 5 seconds, so you or your advocate can follow each recovery matter by party name and get the next date without checking court sites by hand. You can also search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to see how courts have decided leave-to-defend applications in similar matters. Claw does not use your case documents to train its AI models.

Create a FREE Claw account to track your summary suits by party name, and use case search across Indian courts to research how leave to defend has been decided in similar cases.

08Sources and further reading

• India Code (Code of Civil Procedure, 1908): indiacode.nic.in
• eCourts (civil suit case status): ecourts.gov.in
• Claw: clawlaw.in

This guide is general information, not legal advice. Procedure and limitation can change and local court practice varies, so check the current rules and take advice from an advocate before you file.

09Frequently asked questions