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"Institution of summary suits upon bill of exchange, etc.-
2. (1) AH suits, upon bills of exchange, hundies or promissory notes and all 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 on a written contract or 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 on a guarantee, where the claim against the principal is in respect of a debt or a liquidated demand only, may, in case the plaintiff desires to proceed hereunder, be instituted by presenting a plaint with a specific averment therein that the suit is filed under this Order and, that no relief not falling within the ambit of this rule has been claimed, and with the inscription within brackets "(Under Order XXXVII of the Code of Civil Procedure, 1908)" just below the number of the suit in the title of the suit, but the summons shall be in form No. 4, in Appendix B or in such other form as may be from time to time prescribed."

Upon a suit being filed under Order 37, a summons in the prescribed form, i.e., Form No. 4 in Appendix B, is to be issued to the Defendant. On being served with the summons, the Defendant is required to enter appearance within the prescribed period of 10 days, and obtain leave from the Court to defend the suit. If the Defendant fails to enter appearance within the prescribed period, or fails to obtain leave to defend, the allegations in the plaint shall be deemed to be admitted, and the Plaintiff is entitled to a decree in the sum mentioned in the plaint together with interest at the rates specified up to the date of the decree and such costs as may be awarded by the Court. Rule 3 requires that the Plaintiff shall, together with the Writ of Summons, serve on the Defendant a copy of the plaint and exhibits thereto, and provides that a Defendant may enter an appearance within 10 days of such service either in person or by pleader. Sub-rules (1) to (5) of Rule 3 of Order 37 are important and they read as under :-