Order-XIII Rule-4 Procedure

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Order-XIII Rule-4 Procedure

1.     An application for summary judgment to a Court shall, in addition to any other matters the applicant may deem relevant, include the matters set forth in sub-clauses (a) to (f) mentioned hereunder:—

a.     the application must contain a statement that it is an application for summary judgment made under this Order;

b.    the application must precisely disclose all material facts and identify the point of law, if any;

c.     in the event the applicant seeks to rely upon any documentary evidence, the applicant must,––

                      i.        include such documentary evidence in its application, and

                     ii.        identify the relevant content of such documentary evidence on which the applicant relies;

d.    the application must state the reason why there are no real prospects of succeeding on the claim or defending the claim, as the case may be;

e.     the application must state what relief the applicant is seeking and briefly state the grounds for seeking such relief.

2.     Where a hearing for summary judgment is fixed, the respondent must be given at least thirty days’ notice of:—

a.     the date fixed for the hearing; and

b.    the claim that is proposed to be decided by the Court at such hearing.

3.     The respondent may, within thirty days of the receipt of notice of application of summary judgment or notice of hearing (whichever is earlier), file a reply addressing the matters set forth in clauses (a) to (f) mentioned hereunder in addition to any other matters that the respondent may deem relevant:—

a.     the reply must precisely––

                      i.        disclose all material facts;

                     ii.        identify the point of law, if any; and

                    iii.        state the reasons why the relief sought by the applicant should not be granted;

b.    in the event the respondent seeks to rely upon any documentary evidence in its reply, the respondent must—

                      i.        include such documentary evidence in its reply; and

                     ii.        identify the relevant content of such documentary evidence on which the respondent relies;

c.     the reply must state the reason why there are real prospects of succeeding on the claim or defending the claim, as the case may be;

d.    the reply must concisely state the issues that should be framed for trial;

e.     the reply must identify what further evidence shall be brought on record at trial that could not be brought on record at the stage of summary judgment; and

f.     the reply must state why, in light of the evidence or material on record if any, the Court should not proceed to summary judgment.

 

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