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Bare acts > Code of Civil Procedure, 1908 > Order 37 Rule 1
 
  


 

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 the Official Gazette, restrict the operation of this order only to such categories of suits as it deems proper, 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.

(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 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.

HIGH COURT AMENDMENTS

Bombay, Goa, Daman and Diu.- In Order XXXVII, substitute the following sub-rule (1) for the existing sub-rule (1) of Rule 1 :—

“1. (i) This order shall apply to the following Courts, namely:—

(a) The High Courts, City Civil Courts and Courts of Small Causes; and

(b) Such other Courts as may be specifically empowered in this behalf by the High Court from time to time by a Notification in the Official Gazette:

Provided that in respect of the Courts referred to the clause (b), the High Court may, by notification in the Official Gazette, restrict the operation of this Order only to such categories or suits as it deems proper and may also from time to time, as the circumstance 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. (1.10.1983) and (1.10.1987).


Kerala, Laccadive, Minicoy and Aminidivi Islands.-
Order XXXVII shall be omitted (9.6.1959).

 

 

 

 

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