DELHI HIGH COURT

Order XIII-A CPC Commercial disputes – Summary judgment – Conditions for granting summary judgment – Plaintiff seeking refund of consideration amount for property after acquisition proceedings declared lapsed – Defendant asserting plaintiff still holds possession and raising objections including limitation and non-joinder of necessary parties – Held, summary judgment cannot be granted when contentious and triable issues arise, particularly regarding possession of property and other factual disputes – Recording of oral evidence necessary. [Paras 40 to 54]

 

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RELIANCE EMINENT TRADING AND COMMERCIAL vs DDA The Law Literates