The Delhi High Court has set aside a summary judgment passed by a Commercial Court, ruling that the power to decide a claim without recording oral evidence under Order XIII-A of the Code of Civil Procedure (CPC) cannot be exercised when the defence raises substantial disputes regarding liability that require evidentiary determination. A Division Bench
Summary Judgment Under Order XIII-A CPC Impermissible When Foundational Facts of Liability Are Disputed: Delhi High Court
