The bench laid down the non-exhaustive guidelines have to be complied with while considering an application for summary judgment under Order XIII-A of the CPC:-
"(i) That the procedural mandate under Order XIII-A, CPC be strictly complied.
(ii) The Court should consider,
(a) Whether Plaintiff has no real prospect of succeeding on the claim or issue; or
(b) Whether the defendant has no real prospect of successfully defending the claim or issue; and
iii) The Court should also consider whether there is no other reason why the case or issue(s) should be allowed to go to trial.
(iv) While ascertaining above, the Court does not have to take everything on the face value, but it must also not conduct a mini trial at the same time.
(v) That the Court has to differentiate between a cause of action/defence respectively, which is real as opposed to fanciful prospect.
(vi) That the Court ought to grasp the nettle, when dealing with the summary judgment applications to decide short points of law and interpretations.
(vii) The Court must take into account not only the evidence before it but also the evidence that can reasonably be expected to be led/available at the trial.
(viii) That the Court's usage of power under Order XIII-A, CPC is exceptional as it cuts short the process of trial and ought to be exercised where oral evidence and full trial is not required.
(ix) In order to ascertain the need for full trial over summary judgment, the Court has to see whether, in the interest of justice, it is more suited to conduct trial to –
(a) Weigh the evidence,
(b) Evaluate the credibility of a deponents,
(c) Draw reasonable inferences from the evidence."
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2026
(Arising out of Special Leave Petition (C) No. 22100 of 2025)
RELIANCE EMINENT TRADING AND
COMMERCIAL PRIVATE LIMITED Vs DELHI DEVELOPMENT AUTHORITY
J.K. MAHESHWARI, J.
Citation: 2026 INSC 436.
Print Page
