Can an Invoice Be a Basis for Filing a Suit Under Order 37 of the Code of Civil Procedure, 1908?

Abstract

A suit which seeks to recover a debt or a liquidated demand in money payable by the defendant arising out of a written contract is maintainable under Order 37, Rule 1 of the Code of Civil Procedure, 1908 as a summary suit. It is settled law that invoices/ bills are “written contracts” within the contemplation of Order 37, Rule 2 of the Code of Civil Procedure, 1908.

Suits claiming amounts which are only balances due at the foot of account cannot be treated as falling under Order 37 of the Code of Civil Procedure, 1908 because the suit claim is based on the account and the amount claimed is not a liquidated amount arising/payable to the plaintiff on the instruments of limited types as specified under Order 37 of the Code of Civil Procedure, 1908. Entries and statements of account have necessarily to be proved as per Section 34 of the Indian Evidence Act, 1872 for the balance at the foot of the account to be arrived at.