Order XIII-A CPC: Summary Judgment in Commercial Disputes - Rules 1 to 8

Rule 1 - Scope and classes of suits to which Order XIII-A 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" includes:

(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) An application for summary judgment under this Order cannot be made in a Commercial Dispute originally filed as a summary suit under Order XXXVII.

Rule 2 - Stage for application for summary judgment

An applicant may apply for summary judgment at any time after summons has been served on the defendant. However, the application cannot be made after the Court has framed issues in the suit.

Rule 3 - Grounds for summary judgment

The Court may give summary judgment against a plaintiff or defendant on a claim if:

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

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

Rule 4 - Procedure

Application: The application should expressly state that it is made under Order XIII-A, disclose all material facts and points of law, identify and include the documentary evidence relied upon, explain why the opposing case has no real prospect of success, and state the relief sought with brief grounds.

Notice: Where a summary-judgment hearing is fixed, the respondent must receive at least thirty days' notice of the hearing date and of the claim proposed to be decided.

Reply: The respondent may, within thirty days of receiving the application notice or hearing notice, whichever is earlier, file a reply disclosing material facts and legal issues, identifying documents relied upon, explaining the real prospect of success or defence, indicating issues requiring trial, identifying further evidence proposed for trial, and stating why summary judgment should not be granted.

Rule 5 - Evidence for hearing of summary judgment

If the respondent wishes to rely on additional documentary evidence at the hearing, it must ordinarily be filed and served on every other party at least fifteen days before the hearing.

If the applicant wishes to rely on documentary evidence in reply to the respondent's documentary evidence, it must ordinarily be filed and served at least five days before the hearing.

Documents already filed or already served need not be filed or served again.

Rule 6 - Orders that may be made by the Court

On an application under Order XIII-A, the Court may make such order as it considers fit, including:

(a) judgment on the claim;

(b) a conditional order under Rule 7;

(c) dismissal of the application;

(d) dismissal of part of the claim and judgment on another part;

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

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

The Court must record reasons for its order.

Rule 7 - Conditional order

Where it appears that a claim or defence may possibly succeed but is improbable, the Court may make a conditional order. Conditions may include deposit of money, taking a specified procedural step, furnishing security or surety for restitution of costs, or providing security for likely losses during the pendency of the suit.

The Court may also specify the consequences of non-compliance, including judgment against the defaulting party.

Rule 8 - Power to impose costs

The Court may order payment of costs in a summary-judgment application in accordance with sections 35 and 35A of the Code of Civil Procedure, 1908.