J. K. MAHESHWARI, ATUL S. CHANDURKAR
Reliance Eminent Trading and Commercial Private Limited – Appellant
Versus
Delhi Development Authority – Respondent
JUDGMENT :
J.K. MAHESHWARI, J.
1. Leave granted.
2. In between the twin sayings of ‘justice delayed is justice denied’ and ‘justice hurried is justice buried’, lies a golden mean which this Court must adopt to resolve the present case. It is in this balanced perspective that the provisions of Order XIII-A of the Code of Civil Procedure, 1908 (hereinafter “CPC”) fall to be interpreted and applied.
3. The present appeal arises out of the impugned order dated 09.06.2025 passed by the Hon’ble High Court of Delhi (hereinafter “High Court”) in I.A. No. 6914 of 2022 in CS (COMM) No. 582 of 2021, whereby the application filed by the appellant seeking summary judgment under Rule 4 of Order XIII-A of the CPC came to be dismissed.
4. The brief facts necessary for adjudication are that a public notice was issued on 21.03.2007, by the Respondent-Delhi Development Authority (hereinafter “DDA”) announcing a public auction for various freehold commercial plots, including Plot No. 13 at the Non-hierarchical Commercial Complex, Jasola, New Delhi (hereinafter “Subject Plot”), whose land-use was earmarked as “Multi-level Parking/Commercial (No Multiplex).”
5. The appellant herein, being interested in acquir
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Summary judgment under Order XIII-A of CPC cannot be upon inquisition of Court – It is mandatory to serve defendant – Consequences of ‘rejection of plaint’/’return of plaint’ and ‘summary judgment’ a....
The amended Order XIII-A of The Civil Procedure Code applies to suits for Summary Judgment transferred to the Commercial Division, and the plaintiff must provide clear and unequivocal evidence to sup....
The court ruled that summary judgment is inappropriate when the plaintiff must prove the diligence of prior proceedings, requiring oral evidence, thus allowing the defendant's defenses to be consider....
The 30-day period to file a reply under Order XIII-A of CPC is directory, allowing for condonation of delay subject to sufficient cause and costs.
A suit originally filed under summary procedure cannot later allow summary judgment under a different procedural order.
Summary judgment is not appropriate in cases with substantial factual disputes requiring evidentiary hearing; admissions in documents alone do not justify bypassing trial.
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