REASONS FOR SINGLE JUDGE’S DECISION
The single judge relied on the decision in Dr Zubair Ul Abidin v. Sameena Abidin @ sameena Khan: 214 (2014) DLT 240 (DB) and observed that a suit can be dismissed at any stage by the judge he feels that there is no chance of success of the suit.
The judge also pointed out that under Order XIIIA of the CPC the judge can dismiss any commercial suit without recording the evidence.
The court held that the decision of single judge bench was bad in law and the dismissal of suit at the admission stage without issuing summons is contrary to the provisions of statute. OBSERVATION
The court observed that Order XIIIA Rule 2 makes a clear stipulation with regard to the stage for application for summary judgment. The window for summary judgment is after the service of summons on the defendant and prior to the Court framing issues in the suit. The court also observed that the single judge gave his decision without giving the other party an opportunity to rest its case. The decision was based on the single judge’s own research.
Rule 4(2) of Order XIIIA also requires that where a hearing for summary judgment is fixed, the respondent must be given at least thirty days‘ notice of the date fixed for the hearing and the claim that is proposed to be decided by the Court at such hearing.
The court rightly held that a suit cannot be rejected summarily without application and without issuing summons to the opposite party. This is not only against the principles of natural justice but is also against law. The suit can be dismissed summarily only after giving the opposite party an opportunity to be heard.
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