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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 7 CPC: Conditional order

Bare Act text

7. Conditional order.—(1) Where it appears to the Court that it is possible that a claim or defence may succeed but it is improbable that it shall do so, the Court may make a conditional order as set forth in Rule 6 (1)(b).

(2) Where the Court makes a conditional order, it may:—

(a) make it subject to all or any of the following conditions:—

(i) require a party to deposit a sum of money in the Court;

(ii) require a party to take a specified step in relation to the claim or defence, as the case may be;

(iii) require a party, as the case may be, to give such security or provide such surety for restitution of costs as the Court deems fit and proper;

(iv) impose such other conditions, including providing security for restitution of losses that any party is likely to suffer during the pendency of the suit, as the Court may deem fit in its discretion; and

(b) specify the consequences of the failure to comply with the conditional order, including passing a judgment against the party that have not complied with the conditional order.

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

Where a claim or defence might possibly succeed but is improbable to do so, the Court may make a conditional order. It may impose conditions such as requiring a party to deposit money in Court, to take a specified step, to give security or a surety for restitution of costs, or other conditions including security for losses another party is likely to suffer while the suit is pending. The Court may also specify the consequences of non-compliance, including passing judgment against the party who fails to comply.

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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