How to File a Money Recovery Suit (Including Order 37 Summary Suit) (2026)

How-to · Civil Procedure · Recovery

Updated for 2026 · Claw Editorial

If someone owes you money and will not pay, the court route is a money recovery suit. Where the debt is on a cheque, a promissory note, or a written contract, there is a faster track: the Order 37 summary suit, where the defendant cannot defend as of right. This guide explains both routes, the court fee, and the limitation period. It gives a plaint skeleton, where to file it, and the mistakes that slow recovery down. Last verified October 2026.

01Two routes to recover money

There are two ways to sue for money in a civil court. A regular recovery suit is an ordinary civil suit, where the defendant can defend fully. A summary suit under Order 37 is a faster track, where the defendant cannot defend unless the court grants leave.

Before suing, a demand notice is usually sent, both to give the debtor a chance to pay and to fix the record. Which route you choose depends on the kind of debt: Order 37 is only for specific types of claims, while a regular suit can be used for any money claim.

The summary suit under Order 37 is built for speed: the debtor cannot delay with a defence unless the court is satisfied there is a real triable issue.

02When Order 37 summary suit applies

Order 37 applies to suits where the claim is on:

• a bill of exchange, hundi, or promissory note; or
• a written contract, an enactment, or a guarantee, where the claim is for a debt or a liquidated (fixed) money demand, with or without interest.

The idea is that where the debt is clear and in writing, the debtor should not be able to drag out the case with a hollow defence. The plaintiff files the suit as a summary suit, and the summons tells the defendant that leave to defend must be obtained.

03Leave to defend

In a summary suit, the defendant must enter appearance and then apply for leave to defend, usually within 10 days of service of the summons for judgment. Leave is granted where the defendant raises a substantial defence or a triable issue that is not frivolous or vexatious.

If the defence is only partial, the court can grant conditional leave, for example on the defendant depositing the admitted amount in court. If no leave is sought, or leave is refused, the plaintiff can get a decree on the claim. Once leave is granted, the suit proceeds like an ordinary suit.

04Court fee and limitation

Court fee on a money recovery suit is usually charged ad valorem, that is, as a percentage of the amount claimed, under the Court Fees Act as applied in your state. The rates and any cap vary from state to state, so check the applicable state schedule.

On limitation, most money claims must be filed within three years under the Limitation Act, 1963, but the date from which the three years run depends on the claim. For a promissory note payable on demand, it can run from the date of the note; for money lent, from when the loan was made or became due; for a written contract, from the breach. Because the start date decides whether the suit is in time, compute it carefully.

05The plaint skeleton

Use this skeleton for a summary suit and adapt it for a regular suit by removing the Order 37 references. Replace the text in square brackets.

IN THE COURT OF [CIVIL JUDGE / COMMERCIAL COURT] AT [PLACE]

            Summary Suit No. ______ of 20__
            (Under Order 37 CPC)

[Name, address]                            ... PLAINTIFF
            VERSUS
[Name, address]                            ... DEFENDANT

SUIT FOR RECOVERY OF Rs [amount] WITH INTEREST

The plaintiff respectfully submits:

1. That the defendant [borrowed / is liable to pay] a
   sum of Rs [amount] under [the promissory note /
   cheque / written contract] dated [date].
2. That [state the facts: how the debt arose, the
   document relied on, and any part payment].
3. That despite a demand notice dated [date], the
   defendant has failed to pay.
4. That the plaintiff claims Rs [amount] with interest
   at [rate] percent per annum from [date].
5. That this suit is filed under Order 37 CPC and the
   plaintiff seeks a decree in the summary procedure.
6. That the cause of action arose on [date] at [place],
   within the jurisdiction of this Court, and the suit
   is within limitation.
7. That the suit is valued at Rs [amount] and the court
   fee of Rs [amount] is paid.

PRAYER
The plaintiff prays for a decree of Rs [amount] with
interest and costs, and such other relief as the Court
deems fit.

                                        PLAINTIFF
                               Through [Advocate]

VERIFICATION and supporting AFFIDAVIT attached.

06How to file it, step by step

1. Send a demand notice first, giving the debtor a chance to pay and fixing the record.
2. Choose the route: Order 37 summary suit if the debt is on a cheque, note, or written contract; otherwise a regular suit.
3. Draft the plaint with the document relied on, the amount, interest, and a clear prayer.
4. Value the suit and pay court fee ad valorem on the amount claimed.
5. Attach the documents: the note or cheque or contract, the demand notice, and the supporting affidavit.
6. File within limitation, computing the start date for the specific debt.

07Where to file it

File in the civil court that has territorial jurisdiction (where the cause of action arose or the defendant lives) and pecuniary jurisdiction over the amount claimed. High-value commercial claims may go to a Commercial Court under the Commercial Courts Act, 2015, which has its own stricter timelines.

At filing, present the plaint, the documents relied on, the court fee, the supporting affidavit, and copies for service. In a summary suit, the summons is in the special Order 37 form, telling the defendant to apply for leave to defend.

08Common mistakes

• Filing a summary suit for a claim not covered by Order 37, which gets the case treated as ordinary.
• Getting the limitation start date wrong, and filing out of time.
• Undervaluing the claim to save court fee.
• Not sending a demand notice before suing.
• Weak documents: no signed note, cheque, or written contract to anchor the debt.
• Vague interest claim without a stated rate and start date.

09Where 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.

A recovery suit becomes a live matter with a summons, a leave-to-defend stage, and, if you win, execution to actually collect the money. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, and searches 30 crore+ judgments with results in under 5 seconds. So you can follow the suit by party or advocate name, and research how courts have decided leave to defend and interest before you draft.

Claw does not use customer case documents to train AI models. Create a FREE Claw account to track the case by party or advocate name. To research the wider body of law, see case search across Indian courts.

10Sources and further reading

• India Code (Code of Civil Procedure, 1908; Limitation Act, 1963): indiacode.nic.in
• Order 37, CPC (bare text): devgan.in
• Claw: clawlaw.in

This guide is general information, not legal advice. Court fees, limitation, and local rules vary by state and forum, so check the current requirement and take advice from counsel before you file.

11Frequently asked questions