Rule 2 of CPC : Rule 2: Stage for application for summary judgment.

Explanation using Example

Example 1:

Rajesh files a civil suit against Suresh for non-payment of a loan amounting to ₹5,00,000. After the court issues a summons to Suresh and he receives it, Rajesh believes that Suresh has no valid defense and the case is straightforward. Rajesh decides to apply for a summary judgment, requesting the court to decide the case without a full trial. He submits his application for summary judgment before the court has framed any issues in the suit. The court reviews the application and, finding no substantial defense from Suresh, grants the summary judgment in favor of Rajesh, ordering Suresh to pay the ₹5,00,000.

Example 2:

Meera sues her tenant, Ravi, for eviction and unpaid rent of ₹1,00,000. The court issues a summons to Ravi, and he receives it. Meera believes that Ravi has no valid defense and the facts are clear. She decides to apply for a summary judgment. However, Meera delays her application, and by the time she submits it, the court has already framed the issues for the suit, identifying the points of contention that need to be resolved through a full trial. Since the application for summary judgment was made after the issues were framed, the court rejects Meera's application, and the case proceeds to a full trial.