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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XIII-A: Summary Judgment

Order XIII-A Rule 2 CPC: Stage for application for summary judgment

Bare Act text

2. Stage for application for summary judgment.—An applicant may apply for summary judgment at any time after summons has been served on the defendant:

Provided that, no application for summary judgment may be made by such applicant after the Court has framed the issues in respect of the suit.

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

An applicant may apply for summary judgment at any time after summons has been served on the defendant. No such application may be made after the Court has framed the issues in the suit. The window for summary judgment therefore opens on service of summons and closes on framing of issues.

Order XIII-A: Summary Judgment

  1. 1 Scope of and classes of suits to which this Order applies
  2. 2 Stage for application for summary judgment
  3. 3 Grounds for summary judgment
  4. 4 Procedure
  5. 5 Evidence for hearing of summary judgment
  6. 6 Orders that may be made by Court
  7. 7 Conditional order
  8. 8 Power to impose costs
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