Your understanding regarding filing a summary suit for recovery of money under Order 37 of the Civil Procedure Code, 1908 is broadly correct, and I will clarify each point for your assurance, particularly considering your current residence in Dubai.

1. Filing Without Physical Presence:
   Yes, it is entirely permissible for a plaintiff residing abroad to institute a civil suit in India, including under Order 37 CPC, through a duly authorized advocate. You may execute a special power of attorney (SPA) in favour of your lawyer or any trusted person in India to file the plaint and sign necessary pleadings on your behalf. The SPA must be attested by the Indian Consulate in Dubai or notarized as per MEA requirements and sent to India for proper stamping under the Indian Stamp Act.

2. Leave to Defend by Defendant:
   Under Order 37, once summons for judgment is served, the defendant is required to file an application seeking leave to defend within 10 days of service (earlier 10 days, now courts may accept up to 30 days with valid reasons, as per Supreme Court rulings and discretionary powers of the court). Without such leave, the defendant cannot contest the claim.

3. Ex Parte Decree if No Appearance:
   Yes, if the defendant fails to enter appearance within 10 days of service of summons under Rule 2(1) of Order 37, the court may proceed to pass an ex parte decree in your favour, provided your pleadings and documents establish a prima facie case. You will not be required to attend the court physically for this stage, and your authorized representative or advocate can manage the matter entirely.

4. Requirement of Physical Presence for Testimony (if Contested):
   Correct again—if the defendant is granted leave to defend and the matter proceeds to trial, it would then follow the regular civil procedure. In such a scenario, you may be required to provide evidence by way of affidavit and oral testimony, and the court may direct your personal appearance for cross-examination. However, depending on the circumstances, the court may allow video conferencing testimony (especially post-COVID era jurisprudence), but this is subject to judicial discretion and logistical feasibility.

5. Summary:

• ✅ You can file the case through an advocate without travelling to Hyderabad.

• ✅ The defendant must apply for leave to defend, failing which an ex parte decree can be passed.

• ✅ Your physical presence is not needed unless the matter proceeds to evidence stage.

• ✅ In the event of trial, testifying via video conferencing may be explored but is not an absolute right.

- If you are unable to come to India, then you can give SPA to any relative to appear before the Court and to engage a lawyer , and your presence on any date of hearing not needed. 

- However, this SPA should be notarized as per rule of UAE , and attested from the consulate of India. 

- If you file a suit under 37 , then opposite party/ defendant has 10 days from the service of the summons to enter an appearance and apply for leave to defend the suit. If the defendant fails to enter an appearance within this period, the allegations in the plaint are deemed admitted, and the Court may pass a decree in your favor. 

Your lawyer cannot file the proposed civil suit without you signing the papers including vakaltnama. if you are not able to visit India, then you can authorise any close relatives back in India by executing a specific power of attorney deed in favor of the power agent to sign ll the papers on yor behalf and conduct the case till you arrive at India to testify the case as witness. 

However you may note that CPC does not mandate the physical presence of the plaintiff in India for the filing of a summary suit. 

As long as the lawyer is properly authorized and the suit is filed within the prescribed legal procedures, the suit can proceed. 

You have to sign the papers and lawyer can file case on your behalf 

you have to sign the plaint before Indian consulate in Dubai 

Yes you can file the same through your lawyer by appointing a POA 

Hi,

The answer is YES.

You can file a suit by executing GPA in favour of your relative/friend or anyone living in Hyderabad. 

Once you execute GPA in favour of your relative/friend, your lawyer can file a suit without your physical presence, but your GPA will be representing you in the said suit. 

The opposite party/defendant need to file his/her response/written statement within prescribed time from the date of service of summons from the concerned courts. The court may extend time after the expiry of 30 days but cannot give more than 90 days of time. After expiry of such time the defendant will be set ex-parte. 

If the defendant set ex-parte then plaintiff needs to give his ex-parte evidence before the concerned court and then the court will pass ex-parte decree. Further, for commencing of the trial also GPA can testify but subject to conditions as he/she has to be aware of full facts and circumstances of the case. If the GPA is not aware of full facts and not having any knowledge of the facts and circumstances of the case, then you have to come down to Hyderabad and appear before the court concerned if required. For giving ex-parte evidence also the same rule applies as narrated supra.

I hope you got clarity from my answer.

Your understanding is correct. But a summary suit can be filed where there is an admission of debt. Further, even if the party does not turn up to Court, you will still be required to prove your case before Court and give evidence. Hence, if you are unable to come to Court, application may be moved to conduct evidence through video conferencing. 

1. Filing Without Physical Presence:
   ✔️ Correct. Your lawyer can file a summary suit under Order 37 CPC on your behalf with a valid vakalatnama and necessary documents. Your physical presence is not needed for filing.

2. Defendant’s Response Timeline:
   ✔️ Correct. The defendant must file an application for leave to defend within 10 days (extendable up to 30 days) from the date of service of summons. Without such leave, the court may pass a decree in your favor.

3. Ex-Parte Decree Possibility:
   ✔️ Correct. If the defendant fails to appear or apply for leave to defend, you can get an ex-parte judgment, and you won’t need to appear physically.

4. Trial & Testimony:
   ✔️ Correct. If the court grants the defendant leave to defend (i.e., if they raise a plausible defense), the case proceeds to a regular trial, and you may need to testify in person unless:

   • The court allows video conferencing for testimony (possible but subject to court discretion), or

   • You give a power of attorney and your affidavit is accepted without cross-examination (rare in contested matters).

Lawyer can send papers to your father for signature.father can sign  it have it notarised and forward it to lawyer 

both have to sign time suit papers 

Thanks for the feedback.

As your father is the first owner, he can be a formal party in the suit. It is not mandated that two owners should file a suit. Only you can file a suit by engaging a lawyer in Hyderabad but if you are not able to travel you can execute GPA in favour of someone who resides in Hyderabad. Or you travel one time and engage a lawyer then file a suit for necessary reliefs. You need to appear before the Court whenever it is required. 

The limitation is 3 years form cause of action. You can file the same

If you both have entered into the rental/lease agreement, then it will be proper that you both have to file a the proposed suit jointly by both signing the vakalatnama or either of you can authorise another to conduct the case on other's behalf too. Alternately if you would like to give power of attorney to an agent to conduct the proposed suit, you both may have to execute the power of attorney deed in favor of the power agent to conduct the case on behalf of both of you. 

You may note that even though your father is a party to the suit, his physical presence would not be necessary before the court, you can represent  ion his behalf too.

• A summary suit under Order XXXVII of the Civil Procedure Code, 1908 can be instituted by any lawful claimant through a duly authorized legal representative, without the necessity of physical presence. In the case of your father, who resides in Kanpur, it is permissible under Indian law for him to authorize an advocate or another individual through a Special Power of Attorney (SPA) to sign pleadings and institute the proceedings on his behalf in Hyderabad. The SPA should be notarized locally and appropriately stamped as per the applicable stamp duty provisions of the state of Telangana. Once executed, the SPA holder may validly represent the plaintiff in all legal proceedings, including filing of the plaint, submission of documents, and attending hearings.

• In relation to your own participation in the suit, there is no legal impediment to you instituting the suit during your next scheduled visit to Hyderabad, provided that the limitation period is not violated. Under Article 52 of the Limitation Act, 1963, the time limit for filing a suit to recover arrears of rent is three years from the date when the rent becomes due. Therefore, it is essential that the suit be instituted within three years of the last unpaid rent installment to preserve the claim. All communications with the tenant, including proof of default and rental receipts, should be compiled to support the plaint.

• If the rent agreement or lease deed identifies you as a co-owner or as the person responsible for collecting rent, and if the tenant has consistently paid rent into your account or has acknowledged you in dealings relating to the tenancy, you may proceed independently as the plaintiff. Indian jurisprudence recognizes the right of a co-owner to sue for rent or possession without the express consent or participation of the other co-owner, provided there is no conflict of interest between them. However, it is advisable to retain documentation showing your direct role in managing the tenancy.

• If the rent agreement is in your father's name, or if the tenancy was originally established by him, the inclusion of your father as a co-plaintiff is procedurally safer, particularly to preclude objections related to locus standi. If it is not feasible to involve him as a party to the suit, it is prudent to obtain a Special Power of Attorney or a written No Objection Certificate (NOC) from him, confirming that you are authorized to pursue legal remedies on behalf of both owners in respect of rent recovery. This document may be retained and produced as supporting evidence, if required by the court.

• It is further recommended to clearly articulate your ownership status, role in the tenancy, and authority to act in the plaint itself, supported by ownership documents and tenancy correspondence. This will strengthen the maintainability of the suit and reduce the likelihood of technical objections from the defendant.

Dear querist,

As per your query:

You can file a summary suit under Order 37 of the Civil Procedure Code through your lawyer without being physically present in Hyderabad. You will need to execute a Special Power of Attorney (SPA) in favour of your advocate in Hyderabad, duly attested by the Indian Consulate in Dubai or notarised as per Indian legal requirements, empowering them to sign, file, and pursue the case on your behalf.

Once the suit is filed, the defendant will be served with summons to appear and enter an application for leave to defend within 10 days (as per amended rules in some High Courts; in others, 30 days may apply). If the defendant fails to enter an appearance or obtain leave to defend within the prescribed time, the court may pass an ex parte decree in your favour. In such a case, you will not need to be physically present at any stage.

If the defendant appears and is granted leave to defend, the matter will proceed to a regular trial. At that stage, your testimony may become necessary, and your physical presence might be required for evidence. However, even then, if the court permits, you may file an affidavit of evidence and request exemption from personal appearance or consider video conferencing subject to the court’s discretion.

Regarding your second query, your father, being the first owner of the property, may also file the case through a duly executed SPA without needing to be physically present in Hyderabad. The SPA should be notarised or registered and authorize the lawyer to institute legal proceedings.

If you are collecting rent and have been acting as landlord in practice, you may file the suit in your own name, especially if the tenancy agreement or payment receipts are in your name. However, if the tenancy agreement is jointly in the name of both you and your father, or only in your father’s name, it is advisable to include your father as a co-plaintiff for stronger legal standing.

There is no strict deadline to file a civil suit for recovery, but the limitation period is three years from the date on which the rent became due or from the last acknowledged payment. You can file the case during your next visit to Hyderabad as long as it is within this limitation period.

It is advisable to preserve all relevant rent receipts, communication with the tenant, and ownership documents. Your lawyer can assist you in drafting the SPA and preparing the suit papers in advance to facilitate quick filing during your next visit or through remote execution.

You can contact me for assistance, if any. 

Dear Sir/Madam

It is suggested that you and you father be the plainitff as the owners and file the law suit with help of advocate in Hyderabad. Just confirm from the advocate if online/VC hearing allowed, then you can appear in court proccedings through VC as well. There is no much hassle. 

Yes, your lawyer can file the Summary Suit in Hyderabad without your physical presence.
To do this, you need to: 
Execute a Vakalatnama authorizing your lawyer.
Provide a notarized / apostilled Power of Attorney (POA) from Dubai, specifically authorizing the lawyer to: 

File the suit, Sign, verify pleadings on your behalf, Represent you in court

This is standard practice for NRIs and residents abroad.

If the defendant: Fails to appear, or Fails to apply for leave to defend within time, you can seek an ex parte judgment, granting a decree without trial. In such a situation, your physical presence will not be required.

If Defendant Contests (Trial Stage): Your evidences can be filed remotely, signed and notarized in Dubai. However, for cross-examination, your physical presence may be required. Some courts permit video conferencing for testimony, especially for NRIs, but this is subject to the court’s discretion and requires a formal application in advance.

Ensure your POA is properly drafted, notarized, and apostilled to avoid any objections. If your case is strongly documentary in nature (like cheques, invoices, contracts), your physical presence might even be waived via VC, subject to court’s permission.

Pls connect for further help 😊

If you and your father are joint owners, you can file the suit on behalf of both and get a POA in your favour signed by him. In civil suits, parties are not required to attend hearings in person till the stage of evidence. So you may proceed to fight the suit through your engaged counsel. 

- Being joint owner of the property, you can file and contest the case even on behalf of the father. 

- However, you should made him a party in the case , and can take notarized SPA from him.