SUMMARY JUDGMENT CODE

Provided that, no application for summary judgment may be made by such applicant after the Court has framed the issues in respect of the suit.ģ. An applicant may apply for summary judgment at any time after summons has been served on the defendant: Stage for application for summary judgment. (3) Notwithstanding anything to the contrary, an application for summary judgment under this Order shall not be made in a suit in respect of any commercial dispute that is originally filed as a summary suit under Order XXXVII.Ģ. (b) any particular question on which the claim (whether in whole or in part) depends or (2) For the purposes of this Order, the word “claim” shall include. Scope of and classes of suits to which this Order applies.– (1) This Order sets out the procedure by which Courts may decide a claim pertaining to any commercial dispute without recording oral evidence.

Order XIII–A has been incorporated in CPC only for purposes of adjudication of commercial suit under the said Act in terms of the Schedule referable to Section 16. As per Section 16 of CCA, certain provisions of CPC stand amended in the manner specified in the Schedule to the Act, with respect to their application to any suit in respect of a commercial dispute of a specified value, and the same shall be followed by the Commercial Division and Commercial Court in the trial of a suit in respect of a commercial dispute of a specified value.

The proposed case management system and provisions for summary judgment will enable disposal of commercial disputes in a time bound manner.Ģ.

SUMMARY JUDGMENT CODE

Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, as amended (in short ‘CCA’) has been enacted with the object to have a streamlined procedure which is to be adopted for the conduct of cases in the Commercial Courts and in the Commercial Divisions by amending the Code of Civil Procedure, 1908, so as to improve the efficiency and reduce delays in disposal of commercial cases.

Summary judgment