https://www.taxtmi.com/caselaws?id=463024 A commercial suit cannot be dismissed on merits before summons are served unless it is first returned or rejected under the Code, and the summary judgment procedure under Order XIII-A is available only after service of summons, with notice and a chance to respond. The Court also cannot decide the suit on its own research, recollection, or undisclosed materials without giving the plaintiffs an opportunity to rebut them. Disputed facts must be tested through the normal adversarial process after issues are framed. The impugned dismissal was therefore unsustainable, the suit was restored, and the matter was directed to proceed according to law. en-us Wed, 04 Jan 2017 00:00:00 +0530 Fri, 01 Aug 2025 22:57:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=463024 A commercial suit cannot be dismissed on merits before summons are served unless it is first returned or rejected under the Code, and the summary judgment procedure under Order XIII-A is available only after service of summons, with notice and a chance to respond. The Court also cannot decide the suit on its own research, recollection, or undisclosed materials without giving the plaintiffs an opportunity to rebut them. Disputed facts must be tested through the normal adversarial process after issues are framed. The impugned dismissal was therefore unsustainable, the suit was restored, and the matter was directed to proceed according to law. Case-Laws Indian Laws Wed, 04 Jan 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=463024