To,
Whereas ........................ has instituted a suit against you under Order XXXVII of the Code of Civil
Procedure, 1908, for Rs. .................. and interest, you are hereby summoned to cause an appearance to
be entered for you, within ten days from the service hereof, in default whereof the plaintiff will be entitled,
after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of
Rs. .......... and the sum of Rs. ..................... for costs, together with such interest, if any, as the Court may
order.
If you cause an appearance to be entered for you, .................. the plaintiff will thereafter serve upon you a
summons for judgment at the hearing of which you will be entitled to move the Court for leave to defend the
suit.
Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is a defense to
the suit on the merits or that it is reasonable that you should be allowed to defend.
GIVEN under may hand and the seal of the Court, this ............ day of ........ 19 ....... /20 .......... .

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Criminal Law team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our criminal defence team handles bail, trial and pre-trial applications in Kolkata courts.

Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

Summons in a Summary Suit: Format & Sample

Using this format

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