Commercial Suits--Summary Judgment--Courts Must Not Hesitate to Summarily Dispose of Commercial Suits Under Order XIII-A CPC Where Foundational Facts Are Undisputed and Defence Lacks Real Prospect of Success
Summary judgment under Order XIII-A of the Code of Civil Procedure is a discretionary procedural tool designed to prevent unnecessary trials in commercial disputes. It must be granted where the defence has no real prospect of success and where oral evidence and full trial are not required. Courts must distinguish between a genuine defence and a fanciful or speculative one. Where foundational facts are undisputed, courts should not hesitate to summarily dispose of commercial suits. Prolonging litigation through illusory defences wastes judicial time and resources.
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