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(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 fixed sum of money or in the nature of a debt other than a penalty; or APPL310.16.doc
(iii) on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only.";

(2) Subject to the provisions of sub-rule (1), the Order applies to the following classes of suits, namely:

(a) suit 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

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."

33 There are certain insertions which have been made and the Bombay amendment only makes it in Order XXXVII Rule

1. We have reproduced Order XXXVII Rule 1 with the Bombay amendment above.

34 Hence, it is apparent that the order applies to the class of suits mentioned in Order XXXVII Rule 1 sub-rule (2). It is now not restricted in its application to only negotiable instruments, but also applies to suits in which the plaintiff seeks only to APPL310.16.doc recover a debt or liquidated demand in money payable by the defendant with or without interest arising on a written contract or on a 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. Then, the institution of the summary suits is governed by Order XXXVII Rule 2 where we find that averments and inscriptions as stated therein have to be made. The procedure for appearance is set out in Order XXXVII Rule 3 and now there is an obligation on the defendant after a copy of the plaint and annexures thereto is served on him by the plaintiff to enter an appearance either in person or by pleader within ten days of such service and he shall file in court an address for service of notice on him. There is a specific procedure for service set out in Order XXXVII Rule 3, sub-rule(2) and there is an obligation on the defendant, namely, that on the date of entering his appearance, he has given notice of such appearance to the plaintiff's pleader or to the plaintiff if he is suing in person.