3. Grounds for summary judgment.—The Court may give a summary judgment against a plaintiff or defendant on a claim if it considers that––
(a) the plaintiff has no real prospect of succeeding on the claim or the defendant has no real prospect of successfully defending the claim, as the case may be; and
(b) there is no other compelling reason why the claim should not be disposed of before recording of oral evidence.
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.
The Court may give summary judgment against a plaintiff or defendant on a claim if it considers that the plaintiff has no real prospect of succeeding on the claim or the defendant has no real prospect of successfully defending it. In addition, there must be no other compelling reason why the claim should not be disposed of before oral evidence is recorded. Both conditions must be met.