Order XXXVII of The Code of Civil Procedure, 1908 has been used enormously by litigants for securing a Summary Judgment. As we hear the term "Summary Judgment" so often, lets emphasize on its meaning. Summary judgment refers to deciding a claim by Courts in favour of a person without recording the evidence in a matter. It is an expeditious way of securing judgment in undisputed claims.
A person can institute a summary suit Under order XXXVII of CPC for civil or commercial dispute.

However, the suit can be instituted only with respect to matters relying upon:

1. Suits upon bills of exchange, hundis and promissory notes;
2. Suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by defendant, with or without interest, arising:
   1. On a written contract; or
   2. On an enactment, where the sum sought to be recovered is a fixed sum of money or in nature of debt other than penalty; or
   3. On a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only.

From the above, it can be adduced that in order to proceed under Order XXXVII of CPC, the plaintiff shall file a claim which is undisputed and is relied upon any of the above instruments. In case, the defendant after appearance in a suit instituted as summary suit, raises a triable issue and the Court is satisfied that a dispute arises as to the amount claimed in the suit, the Court converts the Summary suit into ordinary recovery suit.

Introduction Of Summary Judgment Under The Commercial Courts Act, 2015

The Commercial Courts Act, 2015 introduced several amendments to the Code of Civil Procedure with a view to ensuring expeditious trial of commercial disputes by providing strict timelines for adjudication of suits instituted under the said Act. Among these amendments, a key provision with respect to summary judgment was introduced by adding Order XIII-A in the Code of Civil Procedure.

The provision of summary judgment was introduced with the intention to expedite the matters by enabling the Courts to grant judgments without recording evidence in matters where the Court is satisfied that the opposing party has no real prospect of the succeeding or defending the claim. This provision prevents prolonging the matter which do not warrant complete trial. In order to gain a clear understanding of the Order XIII-A, lets understand the rules provided under the said provision:

Order XIII-A: Summary Judgment

Order XIII-A, CPC lays down the procedure through which a Court may adjudicate a "Claim" without recording oral evidence. Order XIII-A Rule 1 explicitly provides that the term 'Claim' not only includes the entire claim but also part of claim, any particular question on which the claim depends or a counterclaim. Where the Applicant is of the considered view that there exist no triable issue in the matter and that the same can be decided summarily without recording evidence, they may file an Application seeking summary judgment in accordance with the procedure provided under the said Order.

1. In Which Type of Matters Is an Application for Summary Judgment Maintainable?

   An application for summary judgment may be filed in any suit relating to a commercial dispute, where it appears that either the plaintiff or the defendant, as the case may be, has no real prospect of succeeding their claim or defense. The application may pertain to adjudication of either whole or part of the claim which do not warrant a complete trial.
    

2. Under Which Circumstances Is an Application Under Order XIII-A Not Maintainable?

   • Order XIII-A Rule (1) Sub Rule (3) specifically bars the application for summary judgment in a suit which was originally filed as Summary Suit under Order XXXVII, CPC.
   • The provision reflects the intent of legislature to prevent a party from seeking a second opportunity to invoke summary procedure after exhausting its remedy under Order XXXVII, CPC.
   • Once a Plaintiff initiates summary proceedings under Order XXXVII, the suit either concludes into decree or converts into ordinary recovery suit after accepting the plea of defendant that the suit contains triable issue.
   • In such circumstances, any subsequent application for summary judgment under Order XIII-A would serve no fruitful purpose.
    

3. Time Frame for Filing an Application for Summary Judgment

   Order XIII-A Rule 2 provides that an application under Order XIII-A CPC can be filed at any stage after the summons has been served upon the Defendant but before framing of the issues in the suit.  

4. Grounds for Granting Summary Judgment

   Rule 3 of the order specifically provides for two grounds upon which the Courts may grant summary judgment in favour of the Applicant:
   • The Plaintiff has no real prospect of succeeding on the claim or the Defendant has no real prospect of defending the claim.
   • There is no other compelling reason why the claim should not be disposed of before recording oral evidence.
    

5. Who May File an Application for Summary Judgment?

   The distinguishing feature of Order XIII-A from Order XXXVII (Summary procedure) is that the remedy of Summary judgment under Order XIII-A is available to either party to the suit i.e. either the Plaintiff or the Defendant can file an application seeking summary judgment in the matter.

6. Orders Which the Court May Pass

   Rule 6 and 7 of Order XIII-A confer discretionary powers upon the Courts to pass the following orders:
   • Judgment on the claim
   • Conditional order which may include requiring a party to deposit a sum of money in court
   • Dismissing the application
   • Dismissing part of claim and render judgment on rest of the claim
   • Strike out the pleadings
      

Key Differences Between Order XXXVII and Order XIII-A CPC

1. Order XXXVII, CPC provides the power to Plaintiff to institute a suit upon an undisputed claim against the Defendant. However, Order XIII-A of CPC provides authority to either party, whether Plaintiff or Defendant, to prefer an application before a Court to provide summary judgment.
    
2. A suit under Order XXXVII CPC can be instituted for civil or commercial disputes. However, an application under Order XIII-A can only be filed in a commercial dispute.