A D PADMASINGH ISSAC Vs. AACHI APPALAM

JUDGEMENT

(1.) There are two plaintiffs and a sole defendant in this suit. Ms.S.Bhuvaneswari, learned counsel representing the counsel on record for the two plaintiffs and Mr.R.Uma Shankar, learned counsel on record for the sole defendant are before this Commercial Division.

(2.) Both the learned counsel requested that the main suit itself can be disposed of in the light of the stand that is being taken by the sole defendant.

(3.) Both the learned counsel drew my attention to Order XIII-A of 'The Code of Civil Procedure, 1908' ('CPC' for brevity) as amended by 'The Commercial Courts Act, 2015' ('said Act' for brevity). Drawing my attention to Rule 3 of Order XIII-A of amended CPC as amended by said Act, both learned counsel submitted that this is a fit case for summary judgment as the defendant has no real prospect of successfully defending the claim (in the light of the stand which the defendant has taken vide memo dated 07.08.2018). It was also submitted by both learned counsel that there is no other compelling reason as to why the claim of the plaintiff should not be disposed of before/without recording oral evidence.