The Plaintiff filed a suit against the Defendant praying for
judgment and decree. Upon determination of the suit, but, before entering the
judgment, the court called for consideration of two points that: first, whether
or not it was proper to bring a summary suit under Order XXXV of the CPC
together with an ordinary suit in the same plaint, if not what should be done
in respect of the claims which were not repugnant to Order XXXV; and secondly,
whether or not it was proper to file an application default judgment under rule
21 of the High Court (Commercial Division) Procedure Rules, 2012 –GN No. 250 of
2012.