Rule 6 of CPC : Rule 6: Orders that may be made by Court.

Explanation using Example

Example 1:

Scenario: A business owner, Mr. Sharma, files a lawsuit against a supplier, Mr. Verma, for breach of contract. Mr. Sharma claims that Mr. Verma failed to deliver goods worth ₹10 lakhs as per the agreement.

Application: Mr. Sharma applies for a summary judgment under Order XIII-A, Rule 6 of the Code of Civil Procedure, 1908, arguing that there is no genuine dispute to be tried and that he is entitled to a judgment on the claim.

Court's Orders:

• (a) Judgment on the claim: The court reviews the evidence and finds that Mr. Verma has no valid defense. The court grants a summary judgment in favor of Mr. Sharma, ordering Mr. Verma to pay ₹10 lakhs.
• (b) Conditional order: Alternatively, the court may issue a conditional order requiring Mr. Verma to deposit ₹10 lakhs in the court within a specified period, failing which a summary judgment will be entered against him.
• (c) Dismissing the application: If the court finds that there is a genuine dispute that requires a trial, it may dismiss Mr. Sharma's application for summary judgment.
• (d) Dismissing part of the claim: If the court finds that only part of Mr. Sharma's claim is undisputed, it may dismiss the disputed part and grant a judgment on the undisputed part.
• (e) Striking out the pleadings: If Mr. Verma's defense is found to be frivolous or vexatious, the court may strike out his pleadings in whole or in part.
• (f) Further directions: The court may issue further directions for case management, such as setting timelines for the completion of discovery or scheduling a pre-trial conference.

Example 2:

Scenario: Ms. Gupta files a lawsuit against her tenant, Mr. Khan, for non-payment of rent for six months amounting to ₹1.2 lakhs. Ms. Gupta applies for a summary judgment under Order XIII-A, Rule 6.

Application: Ms. Gupta argues that Mr. Khan has no valid defense and that the rent agreement clearly shows the amount due.

Court's Orders:

• (a) Judgment on the claim: The court finds that Mr. Khan has no valid defense and grants a summary judgment in favor of Ms. Gupta, ordering Mr. Khan to pay ₹1.2 lakhs.
• (b) Conditional order: The court may issue a conditional order requiring Mr. Khan to deposit ₹1.2 lakhs in the court within a specified period, failing which a summary judgment will be entered against him.
• (c) Dismissing the application: If the court finds that there is a genuine dispute regarding the amount of rent due or the terms of the agreement, it may dismiss Ms. Gupta's application for summary judgment.
• (d) Dismissing part of the claim: If the court finds that only part of Ms. Gupta's claim is undisputed, it may dismiss the disputed part and grant a judgment on the undisputed part.
• (e) Striking out the pleadings: If Mr. Khan's defense is found to be without merit, the court may strike out his pleadings in whole or in part.
• (f) Further directions: The court may issue further directions for case management, such as setting timelines for the completion of discovery or scheduling a pre-trial conference.