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The Code of Civil Procedure, 1908: page 210

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 210, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    (2) Where the Court is satisfied, after examination of the parties, or after taking such evidence as it
thinks fit—
          (a) that the agreement was duly executed by them,
          (b) that they have a bona fide interest in the question stated therein, and
          (c) that the same is fit to be decided,
it shall proceed to pronounce judgment thereon, in the same way as in an ordinary suit, and upon the
judgment so pronounced a decree shall follow.
    1
     [6. No appeal from a decree passed under rule 5.—No appeal shall lie from a decree passed under
rule 5.]
                                                   ORDER XXXVII
                                              SUMMARY PROCEDURE 2***
    3
     [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:
    Provided that in respect of the Courts referred to in clause (b), the High Court may, by notification in
                                                                             e
the Official Gazette, restrict the operation of this Order only to such categories of suits as it deems proper,
                                                                      od
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.                    aC
   (2) Subject to the provisions of sub-rule (1), the Order applies to the following classes of suits,
namely:—                                                  di
                                                     In
       (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.]
              4
               [(iv) Suit for recovery of receivables instituted by any assignee of a receivable.]
    5
     [2. Institution of summary suits.—(1) 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).”
    (2) The summons of the suit shall be in Form No. 4 in Appendix B or in such other Form as may,
from time to time, be prescribed.

1. Ins. by Act 104 of 1976, s. 83. (w.e.f. 1-2-1977).
2. The words “On Negotiable Instruments” omitted by s. 84, ibid. (w.e.f. 1-2-1977).
3. Subs. by s. 84, ibid., for rule 1 (w.e.f. 1-2-1977).
4. Ins. by the Act 12 of 2012, s. 35 and Sch. (w.e.f. 1-2-1977).
5. Subs. by Act 104 of 1976, s. 84, for rule 2 (w.e.f. 1 -2-1977).

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