Order 13A Rule 1 CPC: Scope of and classes of suits to which this Order applies

Bare Act text

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

(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.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

This Order lays down the procedure by which Courts may decide a claim in a Commercial Dispute without recording oral evidence. A claim includes part of a claim, any particular question on which the claim depends, and a counter-claim. An application for summary judgment cannot be made in a suit on a Commercial Dispute that was originally filed as a summary suit under Order XXXVII.

Order XIII-A Rule 1 CPC: Scope of and classes of suits to which this Order applies

Bare Act text

In simple words

Order XIII-A: Summary Judgment