Application format for Summary Judgment under order XIIIA CPC

Format of Application for passing the summary Judgment under order XIIIA of Civil Procedure in a Commercial Court matter.

IN THE COURT OF DISTRICT JUDGE, (COMMERCIAL COURTS), WEST DISTRICT, _______________, DELHI.

C.S. (COMMERCIAL) NO.___________/20__

IN THE MATTER OF :
___________________________________ ...PLAINTIFF
VERSUS
___________________________________ ...DEFENDANT

PS: ____________________

INDEX

S. No	Particulars	Court Fee	Pages
1.	Application on behalf of Plaintiff under order XIIIA CPC for passing the summary Judgment
2.	Statement of Truth
3.	Proof of Service

PLAINTIFF

THROUGH

__________Advocate

Place:_________

Date:__________

IN THE COURT OF DISTRICT JUDGE, (COMMERCIAL COURTS), WEST DISTRICT, _______________, DELHI.

C.S. (COMMERCIAL) NO.___________/20__

IN THE MATTER OF :
___________________________________ ...PLAINTIFF
VERSUS
___________________________________ ...DEFENDANT

APPLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER XIIIA OF CPC READ WITH SECTION 151 OF CPC FOR PASSING THE SUMMARY JUDGMENT.

MOST RESPECTFULLY SHOWETH:
1. That the present application has been filed for summary judgment and the plaint of the suit may be considered as part of this application and the same is not being repeated here for the sake of brevity.

2. That the Defendant in violation of term of registered lease failed to pay the admitted rents w.e.f ___________ and an amount of Rs. ____________ (________________ ___________ only ) being the rent from ____________ to ___________ @ Rs.____________/- for its uses and occupation. It is submitted that the Defendant paid the rent till ___________ but thereafter did not pay the rent.

3. That the defendant firstly sought the waiver of the rent in ______ and when did not get the desired waiver of rent, he stopped paying.

4. That thereafter the defendant sent a letter dated __________containing a bunch of keys of the leased premises which was received by the security guard of the Plaintiff on _____________. Thereafter, the police was informed by the Plaintiff on _________ about sending the keys by the courier. After intimation to the police, the possession of the leased premises was taken by the Plaintiff on ______________. In such situation, the Plaintiff is entitled to the rent from ______ till the period of _____ as it was out of the possession.

5. That no similar application is pending and the earlier application was withdrawn with a liberty to the fresh filing of application in view of the developed facts in the case.

6. That the Defendant is unjustifiably withholding the due amount of Plaintiff under the registered Lease Deed. The Defendant has no real prospect of successful defending the claim in the absence of filing of Written Statement. There is no other compelling reason as to why the claim should not be disposed of before recording of evidence.

7. That the Lease Deed does not contains any clause providing for some sort of waiver and/ or suspension of rent. The Defendant willingly chose to retain the possession of the premises and therefore bound to pay the monthly rent to the Plaintiff in terms of the clear stipulations contained in the Lease Deed.

8. The Defendant is clearly guilty of breach of the Lease Deed as the Plaintiff has been denied the receipt of its legitimate dues. The Plaintiff has suffered the losses. The Defendant was truly liable to pay the lease rentals as per the Lease Deed along with interest thereon.

9. The Plaintiff seeks the relief of recoverable amount of Rs. ______________/- along with interest on the following grounds-

(a) All the material facts have been disclosed by the Plaintiff and the point of law has been identified. The amount of rent is certain & fixed by the parties under the registered lease deed. The claim is realistic and no other evidence is expected from the Defendant to deny the claim in view of the registered lease deed.

(b) There is no genuine issue requiring a trial with respect to a claim or defence and also there is no other compelling reason as to why the claim of Plaintiff should not be allowed or disposed off before commencement of trial, i.e. recording of oral evidence.

(c) The Defendant has even failed to establish any ground of defence for the non-payment rent till the date of delivery of key of premises. There is no real
prospects to defend the claim of the Defendant as the registered lease deed is admitted. All the documentary evidence for reliance has been placed before the Hon'ble Court.

(d) The summary judgment is necessary in the present case to avoid the rigor of prolong trial and to save time, effort and money by making it more convenient and expeditious for all concerned.

(e) That the only expected issue which may be flamed in this suit if the trial starts is that "whether the Plaintiff is entitled for the rent or not till the handing over the keys by the Defendant. This issue can be decided by this Hon'ble Court without proceeding towards the trial of the suit.

(f) The balance of convenience lies in favour of the Plaintiff and against the Defendant in light of the evidence or material.

PRAYERS
In view of the facts and circumstances and in the interest of justice, it is most respectfully prayed that the amount of Rs. ______________/- may kindly be decreed in a summary judgment in favour of the Plaintiff alongwith interest @ 12% p.a till the date of realization;

Any other order this Hon'ble Court feels appropriate in the facts and circumstances of the case may also be passed in favour of the Plaintiff.

PLAINTIFF

THROUGH

__________Advocate

Place:_________

Date:__________

IN THE COURT OF DISTRICT JUDGE, (COMMERCIAL COURTS), WEST DISTRICT, _______________, DELHI.

C.S. (COMMERCIAL) NO.___________/20__

IN THE MATTER OF :
___________________________________ ...PLAINTIFF
VERSUS
___________________________________ ...DEFENDANT

STATEMENT OF TRUTH

(Under 1st Schedule, Order VI Rule 15 A and Order XI Rule 3 CPC)

I, _____________ ________ S/o ______________ _______, aged about __ years, R/o ______________ __________ _______, do hereby solemnly affirm and declare as under;-

1. That I the deponent above named is Plaintiff in the present suit and hence competent to swear this affidavit.

2. I say that the accompanying application under order XIIIA read with section 15 1 of CPC has been drafted under my instruction which contains the true facts.

3. I say that para no. 1 to __ are true to my knowledge and are based on information received which I believe to be correct and statements made in para no. _ are based on legal advice.

4. I say that there is no false statement or concealment of any material facts, documents or records and I have included information that is according to me is relevant for the present suit.

5. I say that all documents in my power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated against me have been disclosed and copies thereof annexed with the say, and that I do not have any other documents in my power, possession, control or custody.

6. I say that the accompanying application comprises of a total of 5 pages, each of which has been signed by me.

7. I state that the Annexrues lying in the judicial file are correct and true of the documents referred to and relied upon by me.

8. I say that I am aware that for any false statement or concealment, I shall be liable under the law.

DEPONENT

VERIFICATION:
I, the deponent above named , do hereby declare that the statements made above are true and correct to best of my knowledge and belief, no part of it is false and nothing material has been concealed there from.

Verified at Delhi on this ______day of _________, 20__.

DEPONENT