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Report No. 253

"Order XIIIA - 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 counter-claim, 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.



Commercial Division and Commercial Appellate Division of High Courts and Commercial Courts Bill, 2015 Back




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