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ORDER XIIIA SUMMARY JUDGMENT - RULE 1, 2, 3, 4, 5, 6, 7, 8 OF CODE OF CIVIL PROCEDURE 1908

Scope of and classes of suits to which this Order applies, Stage for application for summary judgment, Grounds for summary judgment, Procedure, Evidence for hearing of summary judgment, Orders that may be made by Court Conditional order, Power to impose costs Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XIII-A of Code of Civil Procedure 1908

(Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015)


 

Rule 1 Order XIIIA of Code of Civil Procedure 1908 "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.

(2) For the purposes of this Order, the word "claim" shall include-

(a) part of a claim;

(b) any particular question on which the claim (whether in whole or in part) depends; or

(c) a counterclaim, as the case may be.

(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.
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* Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).

 

Rule 2 Order XIIIA of Code of Civil Procedure 1908 "Stage for application for summary judgment"

An applicant may apply for summary judgment at any time after summons has been served on the defendant:

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.

 

Rule 3 Order XIIIA of Code of Civil Procedure 1908 "Grounds for summary judgment"

The Court may give a summary judgment against a plaintiff or defendant on a claim if it considers that-

(a) the plaintiff has no real prospect of succeeding on the claim or the defendant has no real prospect of successfully defending the claim, as the case may be; and

(b) there is no other compelling reason why the claim should not be disposed of before recording of oral evidence.

 

Rule 4 Order XIIIA of Code of Civil Procedure 1908 "Procedure"

(1) An application for summary judgment to a Court shall, in addition to any other matters the applicant may deem relevant, include the matters set forth in sub-clauses (a) to (f) mentioned hereunder:-

(a) the application must contain a statement that it is an application for summary judgment made under this Order;

(b) the application must precisely disclose all material facts and identify the point of law, if any;

(c) in the event the applicant seeks to rely upon any documentary evidence, the applicant must,-

(i) include such documentary evidence in its application, and

(ii) identify the relevant content of such documentary evidence on which the applicant relies;

(d) the application must state the reason why there are no real prospects of succeeding on the claim or defending the claim, as the case may be;

(e) the application must state what relief the applicant is seeking and briefly state the grounds for seeking such relief.

(2) Where a hearing for summary judgment is fixed, the respondent must be given at least thirty days' notice of:-

(a) the date fixed for the hearing; and

(b) the claim that is proposed to be decided by the Court at such hearing.

(3) The respondent may, within thirty days of the receipt of notice of application of summary judgment or notice of hearing (whichever is earlier), file a reply addressing the matters set forth in clauses (a) to (f) mentioned hereunder in addition to any other matters that the respondent may deem relevant:-

(a) the reply must precisely-

(i) disclose all material facts;

(ii) identify the point of law, if any; and

(iii) state the reasons why the relief sought by the applicant should not be granted;

(b) in the event the respondent seeks to rely upon any documentary evidence in its reply, the respondent must-

(i) include such documentary evidence in its reply; and

(ii) identify the relevant content of such documentary evidence on which the respondent relies;

(c) the reply must state the reason why there are real prospects of succeeding on the claim or defending the claim, as the case may be;

(d) the reply must concisely state the issues that should be framed for trial;

(e) the reply must identify what further evidence shall be brought on record at trial that could not be brought on record at the stage of summary judgment; and

(f) the reply must state why, in light of the evidence or material on record if any, the Court should not proceed to summary judgment.



Rule 5 Order XIIIA of Code of Civil Procedure 1908 "Evidence for hearing of summary judgment"

(1) Notwithstanding anything in this Order, if the respondent in an application for summary judgment wishes to rely on additional documentary evidence during the hearing, the respondent must:-

(a) file such documentary evidence; and

(b) serve copies of such documentary evidence on every other party to the application at least fifteen days prior to the date of the hearing.

(2) Notwithstanding anything in this Order, if the applicant for summary judgment wishes to rely on documentary evidence in reply to the defendantís documentary evidence, the applicant must:-

(a) file such documentary evidence in reply; and

(b) serve a copy of such documentary evidence on the respondent at least five days prior to the date of the hearing.

(3) Notwithstanding anything to the contrary, sub-rules (1) and (2) shall not require documentary evidence to be:-

(a) filed if such documentary evidence has already been filed; or

(b) served on a party on whom it has already been served.

 

Rule 6 Order XIIIA of Code of Civil Procedure 1908 "Evidence for hearing of summary judgment"

(1) On an application made under this Order, the Court may make such orders that it may deem fit in its discretion including the following:-

(a) judgment on the claim;

(b) conditional order in accordance with Rule 7 mentioned hereunder;

(c) dismissing the application;

(d) dismissing part of the claim and a judgment on part of the claim that is not dismissed;

(e) striking out the pleadings (whether in whole or in part); or

(f) further directions to proceed for case management under Order XV-A.

(2) Where the Court makes any of the orders as set forth in sub-rule (1) (a) to (f), the Court shall record its reasons for making such order.

 

Rule 7 Order XIIIA of Code of Civil Procedure 1908 "Conditional order"

(1) Where it appears to the Court that it is possible that a claim or defence may succeed but it is improbable that it shall do so, the Court may make a conditional order as set forth in Rule 6 (1) (b).

(2) Where the Court makes a conditional order, it may:-

(a) make it subject to all or any of the following conditions:-

(i) require a party to deposit a sum of money in the Court;

(ii) require a party to take a specified step in relation to the claim or defence, as the case may be;

(iii) require a party, as the case may be, to give such security or provide such surety for restitution of costs as the Court deems fit and proper;

(iv) impose such other conditions, including providing security for restitution of losses that any party is likely to suffer during the pendency of the suit, as the Court may deem fit in its discretion; and

(b) specify the consequences of the failure to comply with the conditional order, including passing a judgment against the party that have not complied with the conditional order.

 

Rule 8 Order XIIIA of Code of Civil Procedure 1908 "Power to impose costs"

The Court may make an order for payment of costs in an application for summary judgment in accordance with the provisions of sections 35 and 35A of the Code.

 

CODE OF CIVIL PROCEDURE 1908

ORDER X EXAMINATION OF PARTIES BY THE COURT

How to do Ascertainment whether allegations in pleadings are admitted or denied? What is Oral examination of party, or companion of party? What is the Substance of examination to be written? What is the Consequence of refusal or inability of pleader to answer? Rule 1, 2, 3 and 4 of Order X of Code of Civil Procedure 1908

ORDER XI DISCOVERY AND INSPECTION

What is Discovery by interrogatories? What is the meaning Particular interrogatories to be submitted? What is Costs of interrogatories? What is Form of interrogatories? What are Corporations? What are Objections to interrogatories by answer? What is Setting aside and striking out interrogatories? What is Affidavit in answer, filing? Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XI of Code of Civil Procedure 1908

What is Form of affidavit in answer? What is the meaning No exception to be taken? What is Order to answer or answer further? What is Application for discovery of documents? How to prepare Affidavit of documents? How to do Production of documents? What is Inspection of documents referred to in pleadings or affidavits? What is Notice to produce? Rule 9, 10, 11, 12, 13, 14, 15 and 16 of Order XI of Code of Civil Procedure 1908

What is the Time for inspection when notice given? What is Order for inspection? What are Verified copies? What is Premature discovery? What is Non-compliance with order for discovery? What is Using answers to interrogatories at trial? Is Order to apply to minors? Rule 17, 18, 19, 29, 21, 22 and 23 of Order XI of Code of Civil Procedure 1908

ORDER XII ADMISSION

What is Notice of admission of case? What is notice Notice to admit documents? What is the meaning Document to be deemed to be admitted if not divided after service of notice to admit documents? What is Form of notice? What is the Power of Court to record admission? What is Notice to admit acts? Rule 1, 2, 3 and 4 of Order XII of Code of Civil Procedure 1908

What is Form of admissions? What is the meaning of Judgment on admissions? What is Affidavit of signature? What is the meaning of Notice to produce documents? What are Costs? Rule 5, 6, 7, 8 and 9 of Order XII of Code of Civil Procedure 1908

ORDER XIII PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS

What is the meaning of documentary evidence to be produced at or before the settlement of issues?, What is the Effect of non-production of documents? What is Rejection of irrelevant or inadmissible documents? What are Endorsements on documents admitted in evidence? What is Endorsements on copies of admitted entries in books, accounts and records? Rule 1, 2, 3, 4 and 5 of Order XIII of Code of Civil Procedure 1908

What is Endorsements on documents rejected as inadmissible in evidence? What is Recording of admitted and return of rejected documents? What is the meaning Court may order any document to be impounded? What is the process of Return of admitted documents? What is the meaning Court may send for papers from its own records or from other Courts? What is the Provision as to documents applied to material objects? Rule 6, 7, 8, 9, 10 and 11 of Order XIII of Code of Civil Procedure 1908

ORDER XIII-A SUMMARY JUDGMENT

Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XIII-A of Code of Civil Procedure 1908

ORDER XIV SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON

What is Framing of issues? Does Court to pronounce judgment on all issues? What are the Materials from which issues may be framed? Can Court may examine witnesses or documents before framing issues? What is Power to amend and strike out, issues? What is the meaning Questions of fact or law may by agreement be stated in form of issues? Can Court, if satisfied that agreement was executed in good faith, may pronounce judgment? Rule 1, 2, 3, 4, 5, 6 and 7 of Order XIV of Code of Civil Procedure 1908

ORDER XV DISPOSAL OF THE SUIT AT THE FIRST HEARING

Who are Parties not at issue? What is the meaning of One of several defendants not at issue? Who are Parties at issue? What is the consequence of Failure to produce evidence? Rule 1, 2, 3 and 4 of Order XV of Code of Civil Procedure 1908

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