ORDER V - ISSUE AND SERVICE OF SUMMONS

Rule 1. Summons.— When a suit has been duly instituted, a summons may be issued to the
defendant to appear and answer the claim and to file the written statement of his defence, if
any, within thirty days from the date of service of summons. (The said period may be extended
to 120 days for reasons to be recorded in writing)
No summons shall be issued when a defendant has appeared at the presentation of plaint and
admitted the plaintiff’s claim.
(2) A defendant to whom a summons has been issued may appear—
(a) in person, or
(b) by a pleader duly instructed
(c) by a pleader accompanied by some person able to answer all material questions.
(3) Every summons shall be signed by the Judge or such officer as he appoints, and shall be
sealed with the seal of the Court.
Rule 2. Every summon shall be accompanied by a copy of the plaint.
Rule 3. Where the court sees reason to require the personal appearance of the defendant, the
summons shall order him to appear in person in Court on the day therein specified.
Rule 4. No party shall be ordered to appear in person unless he resides—
(a) within the local limits of the Court’s ordinary original jurisdiction, or
(b) without such limits but at place less than fifty or less than two hundred miles distance from
the court-house.
Rule 5. The Court shall determine whether summons shall be for the settlement of issues only,
or for the final disposal of the suit; and the summons shall contain a direction accordingly.
Rule 6. The day for the appearance of the Defendant shall be fixed with reference to the current
business of the Court, the place of residence of the defendant and the time necessary for the
service of the summons; and the day shall be so fixed as to allow the defendant sufficient time
to enable him to appear and answer on such day.
Rule 7. The summons to appear and answer shall order the defendant to produce all documents
or copies thereof in his possession or power upon which he intends to rely in support of his
case.
Rule 8. Where the summons is for the final disposal of the suit, it shall also direct the defendant
to produce all witnesses upon whose evidence he intends to rely in support of his case.
 Service of summons
Rule 9. Delivery of summons by Court.
Where the defendant resides within the jurisdiction of the Court in which the suit is instituted,
the summons shall be delivered or sent either to the proper officer to be served by him or one
of his subordinates or to such courier services as are approved by the Court.
The services of summons may be made by delivering or transmitting a copy thereof by
registered post acknowledgment due, addressed to the defendant.
When an acknowledgment or purporting to be signed by the defendant is received by the Court
or postal article containing the summons is received back by the Court with an endorsement
purporting to have been made by a postal employee or by any person authorised by the courier
service to the effect that the defendant or his agent had refused to take delivery of the postal
article containing the summons or had refused to accept the summons the Court issuing the
summons shall declare that the summons had been duly served on the defendant.
The High Court or the District Judge, as the case may be, shall prepare a panel of courier
agencies for service of summons.

Rule 9A. Summons given to the plaintiff for service.

The Court may, in addition to the service of summons under rule 9, on the application of the
plaintiff for the issue of a summons for the appearance of the defendant, permit such plaintiff
to effect service of such summons on such defendant and shall, in such a case, deliver the
summons to such plaintiff for service.
The service of such summons shall be affected by or on behalf of such plaintiff by delivering
or tendering to the defendant personally a copy thereof.
The provisions of rules 16 and 18 shall apply to a summons personally served under this rule
as if the person effecting service, were a serving officer.
Rule 10. Mode of service.—Service of the summons shall be made by delivering or tendering
a copy thereof signed by the Judge or such officer as he appoints in this behalf, and sealed with
the seal of the Court.
Rule 11. Where there are more defendants than one, service of the summons shall be made on
each defendant.
Rule 12. Wherever it is practicable, service shall be made on the defendant in person, unless
he has an agent empowered to accept service, in which case service on such agent shall be
sufficient.
Rule 13. In a suit relating to any business or work against a person service on any manager or
agent, who, at the time of service, personally carries on such business or work for such person
within such limits, shall be deemed good service.
Rule 14. In a suit to obtain relief respecting, or compensation for wrong to, immovable
property, it may be made on any agent of the defendant in charge of the property.
Rule 15. Where the defendant is absent from his residence at the time when the service of
summons is sought to be affected, service may be made on any adult member of the family,
whether male or female, who is residing with him.
Rule 16. Where the serving officer delivers or tenders a copy of the summons to the defendant
personally, or to an agent or other person on his behalf, he shall require the signature of the
person to whom the copy is so delivered or tendered to an acknowledgment of service endorsed
on the original summons.
Rule 17. Where the defendant or his agent or such other person as aforesaid refuses to sign the
acknowledgment, or where the serving officer, after using all due and reasonable diligence,
cannot find the defendant, and there is no agent empowered to accept service of the summons
on his behalf, nor any other person on whom service can be made, the serving officer shall affix
a copy of the summons on the outer door or some other conspicuous part of the house in which
the defendant ordinarily resides or carries on business or personally works for gain, and shall
then return the original to the Court from which it was issued, with a report endorsed thereon
or annexed thereto stating that he has so affixed the copy, the circumstances under which he
did so, and the name and address of the person (if any) by whom the house was identified and
in whose presence the copy was affixed.
Rule 18. The serving officer shall, in all cases in which the summons has been served under
rule 16, endorse or annex, on or to the original summons, a return stating the time when and
the manner in which the summons was served, and the name and address of the person (if any)
identifying the person served and witnessing the delivery or tender of the summons.
Rule 19. Where a summons is returned under rule 17, the Court shall, if the return under that
rule has not been verified by the affidavit of the serving officer, and may, if it has been so
verified, examine the serving officer on oath, or cause him to be so examined by another Court
and shall either declare that the summons has been duly served or order such service as it thinks
fit.
Rule 20. Where the Court is satisfied that there is reason to believe that the defendant is keeping
out of the way for the purpose of avoiding service, or that for any other reason the summons
cannot be served in the ordinary way, the Court shall order the summons to be served by
affixing a copy thereof in some conspicuous place in the Court-house, and also upon some
conspicuous part of the house in which the defendant is known to have last resided or carried
on business or personally worked for gain, or in such other manner as the Court thinks fit.
Where the Court orders service by an advertisement in a newspaper, the newspaper shall be a
daily newspaper circulating in the locality in which the defendant is last known to have actually
and voluntarily resided, carried on business or personally worked for gain.
Rule 21. A summons may be sent by the Court by which it is issued, whether within or without
the State to any Court (not being the High Court) having jurisdiction in the place where the
defendant resides.
Rule 22. Where a summons issued by any Court established beyond the limits of the towns of
Calcutta, Madras and Bombay is to be served within any such limits, it shall be sent to the
Court of Small Causes within whose jurisdiction it is to be served.
Rule 23. The Court to which a summons is sent under rule 21 or rule 22 shall proceed as if it
had been issued by such Court and shall then return the summons to the Court of issue, together
with the record of its proceedings with regard thereto.
Rule 24. Where the defendant is confined in a prison, the summons shall be delivered or sent
to the officer in charge of the prison for service on the defendant.
Rule 25. Where the defendant resides out of India and has no agent, the summons shall be
addressed to the defendant at the place where he is residing and sent to him by post or by such
courier service as may be approved by the High Court, by fax message or by Electronic Mail
service or by any other means as may be provided by the rules made by the High Court.
Rule 27. Where the defendant is a public officer or is the servant of a railway company or local
authority, the Court may, if it appears to it that the summons may be most conveniently so
served, send it for service on the defendant to the head of the office in which he is employed,
together with a copy to be retained by the defendant.
Rule 28. Where the defendant is a soldier, sailor or airman, the Court shall send the summons
for service to his commanding officer together with a copy to be retained by the defendant.
Rule 30. The Court may, notwithstanding anything hereinbefore contained, substitute for a
summons a letter signed by the Judge or such officer as he may appoint in this behalf, where
the defendant is, in the opinion of the Court, of a rank entitling him to such mark of
consideration.
 ORDER XI Discovery and Inspection
Rule 1. Discovery by interrogatories.
In any suit the plaintiff or defendant by leave of the Court may deliver interrogatories in writing
for the examination of the opposite parties.
Provided that no party shall deliver more than one set of interrogatories to the same party
without an order for that purpose.
Provided also that interrogatories which do not relate to any matters in question in the suit shall
be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-
examination of a witness.
Rule 2. On an application for leave to deliver interrogatories, the particular interrogatories
proposed to be delivered shall be submitted to the Court and that court shall decide within
seven days from the day of filing of the said application.
In deciding upon such application, the Court shall take into account any offer, which may be
made by the party sought to be interrogated to deliver particulars, or to make admissions, or to
produce documents relating to the matters in question, or any of them, and leave shall be given
as to such only of the interrogatories submitted as the Court shall consider necessary either for
disposing fairly of the suit or for saving costs.
Rule 3. In adjusting the costs of the suit inquiry shall at the instance of any party be made into
the propriety of exhibiting such interrogatories, and if it is the opinion of the taxing officer or
of the Court, either with or without an application for inquiry, that such interrogatories have
been exhibited unreasonably, vexatiously, or at improper length, the cost occasioned by the
interrogatories and the answers thereto shall be paid in any event by the party in fault.
Rule 4. Interrogatories shall be in Form No. 2 in Appendix C, with such variations as
circumstances may require.
Rule 5. Corporations.—Where any party to a suit is a corporation or a body of persons, whether
incorporated or not, any opposite party may apply for an order allowing him to deliver
interrogatories to any member or officer of such corporation or body, and an order may be made
accordingly.
Rule 6. Any objection to answering any interrogatory on the ground that it is scandalous or
irrelevant or not exhibited bona fide for the purpose of the suit, or that the matters inquired into
are not sufficiently material at that stage, or on the ground of privilege or any other ground,
may be taken in the affidavit in answer.
Rule 7. Any interrogatories may be set aside on the ground that they have been exhibited
unreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive,
unnecessary or scandalous; and any application for this purpose may be made within seven
days after service of the interrogatories.
Rule 8. Interrogatories shall be answered by affidavit to be filed within ten days or within such
other time as the Court may allow.
Rule 9. An affidavit in answer to interrogatories shall be in Form No. 3 in Appendix C, with
such variations as circumstances may require.
Rule 10. No exceptions shall be taken to any affidavit in answer.
Rule 11. any person interrogated omits to answer, or answer insufficiently, the party
interrogating may apply to the Court for an order requiring him to answer, or to answer further,
as the case may be.
Rule 12. Any party may, without filing any affidavit, apply to the Court for an order directing
any other party to any suit to make discovery on oaths, of the documents which are or have
been in his possession or power, relating to any matter in question therein.
Rule 13. The affidavit to be made by a party against whom such order as is mentioned in the
last preceding rule has been made, shall specify which of the documents therein mentioned he
objects to produce, and it shall be in Form No. 5 in Appendix C, with such variations as
circumstances may require.
Rule 14. It shall be lawful for the Court, at any time during the pendency of any suit, to order
the production by any party thereto, upon oath, of such of the documents in his possession or
power, relating to any matter in question in such suit, as the Court shall think right; and the
Court may deal with such documents, when produced, in such manner as shall appear just.
Rule 15. Every party to a suit shall be entitled at or before the settlement of issues to give
notice to any other party, in whose pleadings or affidavits reference is made to any document,
or who has entered any document in any list annexed to his pleadings, to produce such
document for the inspection of the party giving such notice, or of his pleader, and to permit
him or them to take copies thereof; and any party not complying with such notice shall not
afterwards be at liberty to put any such document in evidence on his behalf in such suit.
Rule 16. Notice to any party to produce any documents referred to in his pleading or affidavits
shall be in Form No. 7 in Appendix C, with such variations as circumstances may require.
Rule 17. The party to whom such notice is given shall, within ten days from the receipt of such
notice, deliver to the party giving the same a notice stating a time within three days from the
delivery thereof at which the documents, or such of them as he does not object to produce, may
be inspected at the office of his pleader, and stating which of the documents he objects to
produce, and on what ground.
Rule 18. Where the party served with notice rule 15 omits to give such notice of a time for
inspection or objects to give inspection, or offers inspection elsewhere than at the office of his
pleader, the Court may, on the application of the party desiring it, make an order for inspection
in such place and in such manner as it may think fit.
Rule 19. Where inspection of any business books is applied for, the Court may, if it thinks fit,
instead of ordering inspection of the original books, order a copy of any entries therein to be
furnished and verified by the affidavit of some person who has examined the copy with the
original entries, and such affidavit shall state whether or not there are in the original book any
and what erasures, interlineations or alterations.
Rule 20. Where the party from whom discovery of any kind or inspection is sought objects to
the same, the Court may, order that such issue or question be determined first, and reserve the
question as to the discovery or inspection.
Rule 21. Where any party fails to comply with any order to answer interrogatories, or for
discovery or inspection of documents, he shall, if a plaintiff, be liable to have his suit dismissed
for want of prosecution, and, if a defendant, to have his defence, if any struck out, and to be
placed in the same position as if he had not defended.
Rule 22. Any party may, at the trial of a suit, use in evidence any one or more of the answers
or any part of an answer of the opposite party to interrogatories without putting in the others or
the whole of such answer.
Rule 23. This Order shall apply to minor plaintiffs and defendants, and to the next friends and
guardians for the suit of persons under disability.
 ORDER XIII Production, Impounding and Return of Documents
Rule 1.
(1) The parties or their pleader shall produce on or before the settlement of issues, all the
documentary evidence in original where the copies thereof have been filed along with plaint or
written statement.
(2) The Court shall receive the documents so produced.
(3) Nothing in sub-rule (1) shall apply to documents—
(a) produced for the cross-examination of the witnesses of the other party; or
(b) handed over to a witness merely to refresh his memory.
Rule 3. The Court may at any stage of the suit reject any document which it considers irrelevant
or otherwise inadmissible, recording the grounds of such rejection.
Rule 4. There shall be endorsed on every document which has been admitted in evidence in
the suit the following particulars, namely:—
(a) the number and title of the suit,
(b) the name of the person producing the document,
(c) the date on which it was produced, and
(d) a statement of its having been so admitted, and the endorsement shall be signed or initialled
by the Judge.
Rule 5. Where a document admitted in evidence in the suit is an entry in a letter-book or a
shop-book or other account in current use, the party on whose behalf the book or account is
produced may furnish a copy of the entry.
Rule 6. Where a document relied on as evidence by either party is considered by the Court to
be inadmissible in evidence, there shall be endorsed thereon a statement of its having been
rejected, and the endorsement shall be signed or initialled by the Judge.
Rule 7. Every documents which has been admitted in evidence, or a copy thereof where a copy
has been substituted for the original under rule 5, shall form part of the record of the suit.
Documents not admitted in evidence shall not form part of the record and shall be returned to
the persons respectively producing them.
Rule 8. The Court may, if it sees sufficient cause, direct any document or book produced before
it in any suit to be impounded and kept in the custody of an officer of the Court, for such period
and subject to such conditions as the Court thinks fit.
Rule 9. Any person, whether a party to the suit or not, desirous of receiving back any
documents produced by him in the suit and placed on the record shall, unless the document is
impounded under rule 8, be entitled to receive back the same.
Rule 10. The Court may of its own motion, and may in its discretion upon the application of
any of the parties to a suit, send for, either from its own records or from any other Court, the
record of any other suit or proceeding, and inspect the same.
Rule 11. The provisions therein contained as to documents shall, so far as may be, apply to all
other material objects producible as evidence.
 ORDER XIV Settlement of Issues
Rule 1. Framing of issues.—
(1) Issues arise when a material proposition of fact or law is affirmed by the one party and
denied by the other.
(2) Material propositions are those propositions of law or fact which a plaintiff must allege in
order to show a right to sue or a defendant must allege in order to constitute his defence.
(3) Each material proposition affirmed by one party and denied by the other shall form the
subject of distinct issue.
(4) Issues are of two kinds: (a) issues of fact, (b) issues of law.
(5) At the first hearing of the suit the Court shall, after reading the plaint and the written
statements if any, and after examination the parties or their pleaders ascertain upon what
material propositions of fact or of law the parties are at variance, and shall thereupon proceed
to frame and record the issues on which the right decision of the case appears to depend.
(6) Nothing is this rule requires the Court to frame and record issued where the defendant at
the first hearing of the suit makes no defence.
Rule 2. The Court shall, pronounce judgment on all issues.
Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the
case may be disposed of on an issue of law only, it may try that issue first if the issue relates
to— (a) the jurisdiction of the Court, or (b) a bar to the suit created by any law for the time
being in force.
Rule 3. The Court may frame the issues from all or any of the following materials:—
(a) allegations made on oath by the parties, or by any persons present on their behalf, or made
by the pleaders of such parties;
(b) allegations made in the pleadings or in answers to interrogatories delivered in the suit;
(c) the contents of documents produced by either party.
Rule 4. Where the Court is of opinion that the issues cannot be correctly framed without the
examination of some person not before the Court or without the inspection of some document
not, produced in the suit, it may compel the attendance of any person or the production of any
document by the person in whose possession or power it is by summons or other process.
Rule 5. The Court may at any time before passing a decree amend the issues or frame additional
issues on such terms as it thinks fit, and all such amendments or additional issues as may be
necessary for determining the matters in controversy between the parties shall be so made or
framed.
The Court may also, at any time before passing a decree, strike out any issues that appear to it
to be wrongly framed or introduced.
Rule 6. Where the parties to a suit are agreed as to the question of fact or of law to be decided
between them, they may state the same in the form of an issue, and enter into an agreement in
writing that, upon the finding of the Court in the affirmative or the negative or such issue.,—
(a) a sum of money specified in the agreement or to be ascertained shall be paid by one of the
parties to the other of them, or that one of them be declared entitled to some right or subject
some liability specified in the agreement;
(b) some property specified in the agreement and in dispute in the suit shall be delivered by
one of the parties to the other of them, or as that other may direct; or
(c) one or more of the parties shall do or abstain from doing some particular act specified in
the agreement and relating to the matter in dispute.

Rule 7. Where the Court is satisfied, after making such inquiry as it deems proper, that the
agreement was duly executed by the parties, that they have a substantial interest in the decision
of such question as aforesaid, and that the same is fit to be tried and decided, it shall proceed
to record and try the issue and state its finding or decision thereon in the same manner as if the
issue had been framed by the Court;
And shall, upon the finding or decision on such issue, pronounce judgment according to the
terms of the agreement; and, upon the judgment so pronounced, a decree shall follow.
 ORDER XVII Adjournment

Rule 1 The court may, if sufficient cause is shown, at any stage of the suit grant time to the
parties or to any of them, and may from time to time adjourn the hearing of the suit for reasons
to be recorded in writing. Provided that no such adjournment shall be granted more than three
time to a party during hearing of the suit.
• In every such case the Court shall fix a day for the further hearing of the suit, and shall
make such orders as to costs occasioned by the adjournment or such higher costs as the
court deems fit
• When the hearing of the suit has commenced, it shall be continued from day-to-day
until all the witnesses in attendance have been examined, unless the Court finds that,
for the exceptional reasons to be recorded by it, the adjournment of the hearing beyond
the following day is necessary.
• No adjournment shall be granted at the request of a party, except where the
circumstances are beyond the control of that party,
• The fact that the pleader of a party is engaged in another Court, shall not be a ground
for adjournment,
• Where the illness of a pleader or his inability to conduct the case for any reason, other
than his being engaged in another Court, is put forward as a ground for adjournment,
the Court shall not grant the adjournment unless it is satisfied that the party applying
for adjournment could not have engaged another pleader in time,
• Where a witness is present in Court but a party or his pleader is not present or the party
or his pleader, though present in Court, is not ready to examine or cross-examine the
witness, the Court may, if it thinks fit, record the statement of the witness and pass such
orders as it thinks fit dispensing with the examination-in-chief or cross-examination of
the witness, as the case may be, by the party or his pleader not present or not ready as
aforesaid.
Rule 2. Where, on any day to which the hearing of the suit is adjourned, the parties or any of
them fail to appear, the Court may proceed to dispose of the suit in one of the modes directed
in that behalf by Order IX or make such other order as it thinks fit.
Where the evidence or a substantial portion of the evidence of any party has already been
recorded and such party fails to appear on any day to which the hearing of the suit is adjourned,
the Court may, in its discretion proceed with the case as if such party were present.
Rule 3. Where any party to a suit to whom time has been granted fails to produce his evidence,
or to cause the attendance of his witnesses, or to perform any other act necessary to the further
progress of the suit, for which time has been allowed the Court may,
(a) if the parties are present, proceed to decide the suit forthwith; or
(b) if the parties are, or any of them is, absent, proceed under rule 2.
 ORDER XXXIII Suits by indigent persons
Rule 1. Any suit may be instituted by an indigent person.
A person is an indigent person,— (a) If he is not possessed of sufficient means to enable him
to pay the fee prescribed by law for the plaint in such suit, or
(b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees
other than the property exempt from attachment in execution of a decree, and the subject-matter
of the suit.
Any property which is acquired by a person after the presentation of his application for
permission to sue as an indigent person, and before the decision of the application, shall be
taken into account in considering the question whether or not the applicant is an indigent
person.
Where the plaintiff sues in a representative capacity, the question whether he is an indigent
person shall be determined with reference to the means possessed by him in such capacity.
Rule 1A. Every inquiry into the question whether or not a person is an indigent person shall be
made, in the first instance, by the chief ministerial officer of the Court, unless the Court
otherwise directs, and the Court may adopt the report of such officer as its own finding or may
itself make an inquiry into the question.
Rule 2. Every application for permission to sue as an indigent person shall contain the
particulars required in regard to plaints in suits: a schedule of any movable or immovable
property belonging to the applicant, with the estimated value thereof, shall be annexed thereto;
and it shall be signed and verified in the manner prescribed for the signing and verification of
pleadings.
Rule 3. The application shall be presented to the Court by the applicant in person, unless he is
exempted from appearing in Court, in which case the application may be presented by an
authorised agent who can answer all material questions relating to the application.
Rule 4. Where the application is in proper form and duly presented, the Court may examine
the applicant, or his agent when the applicant is allowed to appear by agent regarding the merits
of the claim and the property of the applicant.
Rule 5. The Court shall reject an application for permission to sue as an indigent person—
(a) where it is not framed and presented in the manner prescribed, or
(b) where the applicant is not an indigent person, or
(c) where he has, within two months next before the presentation of the application, disposed
of any property fraudulently or in order to be able to apply for permission to sue as an indigent
person or
(d) where his allegations do not show a cause of action, or
(e) where he has entered into any agreement with reference to the subject-matter of the
proposed suit under which any other person has obtained an interest in such subject-matter; or
(f) where the allegations, made by the applicant in the application show that the suit would be
barred by any law for the time being in force, or
(g) where any other person has entered into an agreement with him to finance the litigation.
Rule 6. Where the Court sees no reason to reject the application on any of the grounds, it shall
fix a day (of which at least ten day's clear notice shall be given to the opposite party and the
Government pleader) for receiving such evidence as the applicant may adduce in proof of his
indigency, and for hearing any evidence which may be adduced in disproof thereof.
Rule 8. Where the application is granted, it shall be numbered and registered, and shall be
deemed the plaint in the suit, and the suit shall proceed in all other respects as a suit instituted
in the ordinary manner, except that the plaintiff shall not be liable to pay any court-fee or fees
payable for service of process in respect of any petition, appointment of a pleader or other
proceeding connected with the suit.
Rule 9. The Court may, on the application of the defendant, or of the Government pleader, of
which seven days, clear notice in writing has been given to the plaintiff, order that the
permission granted to the plaintiff to sue as an indigent person be withdrawn—
(a) if he is guilty of vexatious or improper conduct in the course of the suit;
(b) if it appears that his means are such that he ought not to continue to sue as an indigent
person; or
(c) if he has entered into any agreement with reference to the subject-matter of the suit under
which any other person has obtained an interest in such subject-matter.
Rule 9A. Where a person, who is permitted to sue as an indigent person, is not represented by
a pleader, the Court-may, if the circumstances of the case so require, assign a pleader to him.
Rule 10. Where the plaintiff succeeds in the suit, the Court shall calculate the amount of court-
fees which would have been paid by the plaintiff if he had not been permitted to sue as an
indigent person ; such amount shall be recoverable by the State Government from any party
ordered by the decree to pay the same and shall be a first charge, on the subject-matter of the
suit.
Rule 11. Where the plaintiff fails in the suit or the permission granted to him to sue as an
indigent person has been withdrawn, or where the suit is withdrawn or dismisses the Court
shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the court-fees
which would have been paid by the plaintiff if he had not been permitted to sue as an indigent
person.
Rule 11A. Where the suit abates by reason of the death of the plaintiff or of any person added
as a co-plaintiff, the Court shall order that the amount of court-fees which would have been
paid by the plaintiff if he had not been permitted to sue as an indigent person shall be
recoverable by the State Government from the estate of the deceased plaintiff.
Rule 15. An order refusing to allow the applicant to sue as an indigent person shall be a bar to
any subsequent application of the like nature by him in respect of the same right to sue; but the
applicant shall be at liberty to institute a suit in the ordinary manner in respect of such right;
Rule 16. The costs of an application for permission to sue as an indigent person and of an
inquiry into indigency shall be costs in the suit.
Rule 17. Any defendant, who desire to plead a set-off or counterclaim, may be allowed to set
up such claim as an indigent person and the rules contained in this Order shall apply to him as
if he were a plaintiff and his written statement were a plaint.
Rule 18. The Central or State Government may make such supplementary provisions as it
thinks fit for providing free legal services to those who have been permitted to sue as indigent
persons.
The High Court may, with the previous approval of the State Government, make rules for
carrying out the supplementary provisions made by the Central or State Government for
providing free legal services to indigent persons and such rules may include the nature and
extent of such legal services, the conditions under which they may be made available, the
matters in respect of which, and the agencies through which, such services may be rendered.
 ORDER XXXVII SUMMARY SUITS
Rule 1. 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.
(2) 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.
Rule 2. Institution of summary suits.
A suit, to which this Order applies, may if the plaintiff desires to proceed hereunder, be
instituted by presenting a plaint which shall contain,—
(a) a specific averment to the effect that the suit is filed under this Order;
(b) that no relief, which does not fall within the ambit of this rule, has been claimed in the
plaint; and
(c) the following inscription, immediately below the number of the suit in the title of the suit,
namely :— “(Under Order XXXVII of the Code of Civil Procedure, 1908).”
The defendant shall not defend the suit unless he enters an appearance and in default of his
entering an appearance the allegations in the plaint shall be deemed to be admitted and the
plaintiff shall be entitled to a decree for any sum, not exceeding the sum mentioned in the
summons, together with interest at the rate specified, if any, up to the date of the decree and
such sum for costs as may be determined by the High Court from time to time by rules made
in that behalf and such decree may be executed forthwith.
Rule 3. Procedure for the appearance of defendant—
(1) In a suit to which this Order applies, the plaintiff shall, together with the summons under
rule 2, serve on the defendant a copy of the plaint and annexures thereto and the defendant may,
at any time within ten days of such service, enter an appearance either in person or by pleader
and, in either case, he shall file in Court an address for service of notices on him.
(2) Unless otherwise ordered, all summonses, notices and other judicial processes, required to
be served on the defendant, shall be deemed to have been duly served on him if they are left at
the address given by him for such service.
(3) On the day of entering the appearance, notice of such appearance shall be given by the
defendant to the plaintiff’s pleader, either by notice delivered at or sent by a pre-paid letter
directed to the address of the plaintiff's pleader.
(4) If the defendant enters an appearance, the plaintiff shall thereafter serve on the defendant a
summons for judgment, returnable not less than ten days from the date of service supported by
an affidavit verifying the cause of action and the amount claimed and stating that in his belief
there is no defence to the suit.
(5) The defendant may, at any time within ten days from the service of such summons for
judgment, by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle
him to defend, apply on such summons for leave to defend such suit, and leave to defend may
be granted to him unconditionally or upon such terms as may appear to the Court or Judge to
be just:
Provided that leave to defend shall not be refused unless the Court is satisfied that the facts
disclosed by the defendant do not indicate that he has a substantial defence to raise or that the
defence intended to be put up by the defendant is frivolous or vexatious:
Provided further that, where a part of the amount claimed by the plaintiff is admitted by the
defendant to be due from him, leave to defend the suit shall not be granted unless the amount
so admitted to be due is deposited by the defendant in Court.
(6) At the hearing of such summons for judgment,— (a) if the defendant has not applied for
leave to defend, or if such application has been made and is refused, the plaintiff shall be
entitled to judgment forthwith; or (b) if the defendant is permitted to defend as to the whole or
any part of the claim, the Court or Judge may direct him to give such security and within such
time as may be fixed by the Court or Judge and that, on failure to give such security within the
time specified by the Court or Judge or to carry out such other directions as may have been
given by the Court or Judge, the plaintiff shall be entitled to judgment forthwith.
(7) The Court or Judge may, for sufficient cause shown by the defendant, excuse the delay of
the defendant in entering an appearance or in applying for leave to defend the suit.
Rule 4. After decree the Court may, under special circumstances set aside the decree, and if
necessary, stay or set aside execution, and may give leave to the defendant to appear to the
summons and to defend the suit, if it seems reasonable to the Court so to do, and on such terms
as the Court thinks fit.
Rule 5. In any proceeding under this Order the Court may order the bill, hundi or note on which
the suit is founded to be forthwith deposited with an officer of the Court, and may further order
that all proceedings shall be stayed until the plaintiff gives security for the costs thereof.
Rule 6. The holder of every dishonoured bill of exchange or promissory note shall have the
same remedies for the recovery of the expenses incurred in noting the same for non-acceptance
or non-payment, or otherwise, by reason of such dishonour, as he has under this Order for the
recovery of the amount of such bill or note.
Rule 7. Save as provided by this Order, the procedure in suits hereunder shall be the same as
the procedure in suits instituted in the ordinary manner.
 KEY ARTICLES OF THE SCHEDULE OF LIMITATION

DESCRIPTION OF PERIOD OF TIME FROM WHICH

SUITS LIMITATION PERIOD BEGINS TO RUN
By a principal against his 3 years When the account is, during the continuance
agent for movable property of the agency, demanded and refused or,
received by the latter and where no such demand is made, when the
not accounted for. agency terminates.
For an account and a share 3 years The date of the dissolution.
of the profits of a dissolved
partnership.
For the price of goods sold 3 years The date of the delivery of the goods.
and delivered where no
fixed period of credit is
agreed upon.
For the price of work done 3 years When the work is done.
by the plaintiff for the
defendant at his request,
where no time has been
fixed for payment.
For money payable for 3 years When the loan is made
money lent.
For money lent under an 3 years When the loan is made
agreement that it shall be
payable on demand.
For compensation 3 years When the time. specified arrives or the
for breach of a promise to contingency happens.
do anything at a specified
time, or upon the happening
of a specified con-tingency.
Suit by a mortgagor to 30 years When the right to redeem or to recover
redeem or recover possession accrues.
possession of immovable
property mortgaged.
By a mortgagee for 12 years When the mortgagee becomes entitled to
possession of immovable possession.
property mortgaged.
For possession of 12 years When the possession of the defendant
immovable property or any becomes adverse to the plaintiff.
interest therein based on
title.
By a landlord to recover 12 years When the tenancy is determined.
possession from a tenant
For compensation for libel 1 year When the libel is published.
For compensation for 1 year When the words are spoken or, if the words
slander are not actionable in themselves, when the
special damage complained of results.
For compensation for 3 years The date of the trespass
trespass upon immovable
property.
Any suit for which no 3 years When the right to sue accrues.
period limitation is
provided elsewhere of in
this Schedule.
Appeal Under the Code of
Civil Proce-dure, 1908
(a) to a High Court from any 90 days The date of the decree or order
decree or order.
(b) to any other court from 30 days
any decree or order.