In India, a summary suit is a special procedure under Order XXXVII of the Code of Civil Procedure, 1908 (CPC). It is designed to help creditors recover certain debts through a more streamlined process than an ordinary civil suit. However, it is available only for specified types of claims. 
1. When can a summary suit be filed?
A summary suit may be appropriate for:
- Claims based on bills of exchange, hundis, or promissory notes.
- Recovery of a fixed or clearly calculable debt arising from a written contract.
- Certain fixed monetary claims arising under an enactment.
- Qualifying claims against a guarantor for a debt or fixed monetary demand.
It is not automatically available for every unpaid personal loan. If you lent money to a friend without a written contract or promissory note, an ordinary civil recovery suit may be more appropriate. A lawyer can assess whether your documents satisfy Order XXXVII. 
2. What documents are required?
Depending on the nature of the claim, useful documents may include:
- The written loan agreement, contract, promissory note, or other qualifying document.
- Bank statements and transfer receipts.
- Invoices, account statements, or a calculation of the outstanding amount.
- WhatsApp messages, emails, or written acknowledgments supporting the debt.
- A copy of the legal notice and proof of delivery, if one was sent.
- The documents and pleadings required by the applicable court rules.
The evidence must establish the legal basis for the claim. Payment screenshots or informal chats alone may not establish eligibility for a summary suit.
3. How does the procedure work?
- Consult an advocate to confirm whether the claim qualifies under Order XXXVII.
- Prepare and file the plaint with the required statements and supporting documents.
- The court issues the relevant summons to the defendant.
- The defendant must follow the special procedure for entering an appearance and, if seeking to defend the case, applying for permission to defend.
- If the defendant fails to follow the required procedure, the plaintiff may be entitled to a decree, subject to the applicable rules and the court's orders.
A summary suit can be more streamlined, but it does not guarantee immediate recovery. If the court permits a defence, the matter may take longer
4. What should you do if someone has not repaid your money?
Preserve all loan records, bank or UPI transfers, repayment promises, and other communications. Ask a lawyer whether an ordinary recovery suit or a summary suit is appropriate. Also check the limitation period promptly, as it may affect your ability to bring the claim.
