Simplifying The Commercial Courts Act, 2015: III. Order XIII-A: Summary Judgment

Introduction

A summary procedure of pronouncing judgment has been introduced through the addition of Order XIII-A applicable to the commercial suits of specified value.¹ It may be mentioned here that commercial suits involve monetary litigation between parties to a commercial contract and involve complex questions of facts and law often times requiring special attention of the Court.

So far the remedy of summary procedure was available under Order XXXVII most commonly known as 'Suits for Recovery' where the lis involved recovery of amount due on a negotiable instrument or an admitted monetary liability.

Now, by the addition of Order XIII-A to the CPC, 1908, an application² may be filed in a pending commercial suit for summary judgment in the facts of the case.