- Court
- Delhi High Court
- Date of judgment
- Judge
- Vibhu Bakhru
- Outcome
- Set aside
Headnote
Appeal allowed, the summary dismissal of the suit set aside and the suit restored. The Division Bench held that Order XIII-A CPC does not permit a court to render a summary judgment of its own motion. A summary judgment is a judgment on the merits, not a rejection under Order VII Rule 11, and must be rendered adversarially on points of fact and law actually in contest, on an application specifying the material facts and the point of law relied on. Rule 1 of Chapter X-A of the Delhi High Court (Original Side) Rules, 2018, which permits the court to decide a claim summarily on its own, conflicts with Order XIII-A, and by section 16(3) of the Commercial Courts Act, Order XIII-A prevails. The Single Judge had also founded the judgment on his own recollection of how Britannia biscuits were packaged, which was not on the record, so becoming a witness in the case without any opportunity of rebuttal.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.