Summary Judgment, Judgment on Admissions and Disposal Without Full Trial
This domain tests the shortcuts that exist to final judgment without a full trial: Order 14 summary judgment, judgment on admissions, and allied mechanisms such as striking out pleadings and consent terms. The examiner wants the threshold conditions and the defendant's burden to show cause.
Summary judgment (Order 14, C.I. 47)
- Available where the defendant has entered appearance and the plaintiff's claim is for a debt or liquidated demand, or for a sum in respect of a debt, with or without a claim for other relief.
- The application is supported by an affidavit verifying the facts and stating the deponent's belief that the defendant has no defence. The defendant must show cause by affidavit or a draft defence disclosing a triable issue or arguable defence.
- If no triable issue is shown, judgment is entered for the plaintiff. If an arguable issue is shown, leave to defend is granted, usually unconditional. Borderline cases attract conditional leave - payment into court, a stay or specified terms.
- Excluded classes, such as defamation and false imprisonment, cannot be dealt with summarily because motive and credibility are for trial.
Judgment on admissions
Where a party admits a fact or the claim in pleadings, correspondence or answers, the other party may apply for judgment on the admission. Related is the notice to admit facts or the authenticity of documents; unreasonable refusal to admit may be visited with costs.
Other routes
Striking out a pleading that discloses no reasonable cause of action or defence; a preliminary point of law that disposes of the action; discontinuance; consent judgment on terms of settlement; dismissal for want of prosecution; and judgment following a settlement reached through ADR.
Worked example
A plaintiff sues on an unpaid invoice supported by the delivery notes, and applies under Order 14. The defendant's opposing affidavit says only "I do not owe the plaintiff the money." Reasoning: a bare assertion is not a triable issue; the defendant must depose to facts showing a plausible defence, such as payment or defective goods. The plaintiff obtains judgment.
Traps that cost marks
Failing to annex the verifying affidavit or to state the belief that there is no defence; applying in an excluded class of action; accepting a defendant's mere denial as sufficient; and forgetting that conditional leave is not a final victory.