Commercial Suit--Summary Decree Under Order 13-A CPC Impermissible Where Defence Raises Triable Dispute on Cessation of Rent Liability Upon Offer of Possession
Summary judgment under Order XIII-A of the Code of Civil Procedure, 1908 is not available where the defence raises substantial factual disputes requiring evidentiary determination. The power to decree without trial operates only where the defendant has no real prospect of successfully defending the claim and no compelling reason for trial exists. Mere production of contractual documents does not justify summary decree when liability arising therefrom is seriously contested.
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