Evidence for hearing of summary judgment
Summary Judgment, in the First Schedule to The Code of Civil Procedure, 1908
*[5. Evidence for hearing of summary judgment. -- (1) Notwithstanding anything in this Order, if the respondent in an application for summary judgment wishes to rely on additional documentary evidence during the hearing, the respondent must:
(a) file such documentary evidence; and
(b) serve copies of such documentary evidence on every other party to the application at least fifteen days prior to the date of the hearing.
(2) Notwithstanding anything in this Order, if the applicant for summary judgment wishes to rely on documentary evidence in reply to the defendants documentary evidence, the applicant must:
(a) file such documentary evidence in reply; and
(b) serve a copy of such documentary evidence on the respondent at least five days prior to the date of the hearing.
(3) Notwithstanding anything to the contrary, sub-rules (1) and (2) shall not require documentary evidence to be:
(a) filed if such documentary evidence has already been filed; or
(b) served on a party on whom it has already been served.]
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).
How this Rule is cited
It is written both ways, and both mean this Rule: Order XIII-A Rule 5 CPC and Order 13 Rule 5 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 13 Rule 5 CPC, Order XIII-A Rule 5 CPC. Each opens the full-text search over every order eCourtsIndia holds.
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