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The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.


‘Order XIII-A: Summary Judgment

1. 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.



The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. Back




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