https://www.taxtmi.com/caselaws?id=463056 Order XIII-A of the Code of Civil Procedure requires a written application, disclosure of material facts, identification of the legal point and supporting documents, and at least thirty days' notice before a commercial summary judgment can be passed; those mandatory safeguards were not followed, so that part of the decision was set aside. Order VIII Rule 10 is discretionary and allows judgment where the defendant has forfeited the right to file a written statement and the plaint and documents disclose no real factual controversy requiring trial; on that basis, the decree was sustained. The appeal therefore failed overall despite the defect in the summary judgment procedure. en-us Thu, 04 Apr 2024 00:00:00 +0530 Sat, 02 Aug 2025 22:38:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=463056 Order XIII-A of the Code of Civil Procedure requires a written application, disclosure of material facts, identification of the legal point and supporting documents, and at least thirty days' notice before a commercial summary judgment can be passed; those mandatory safeguards were not followed, so that part of the decision was set aside. Order VIII Rule 10 is discretionary and allows judgment where the defendant has forfeited the right to file a written statement and the plaint and documents disclose no real factual controversy requiring trial; on that basis, the decree was sustained. The appeal therefore failed overall despite the defect in the summary judgment procedure. Case-Laws Indian Laws Thu, 04 Apr 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=463056