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Code Of Civil Procedure

Divyagnakumari Harisinh Parmar vs Union of India 2025 INSC 1145 - CPC -Pleadings - Second Appeal - Doctrine Of Waiver - Repeal - Special Law vs General Law

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Pleadings - No relief can be granted on a case not founded in the pleadings. Court cannot entertain an entirely new case at the appellate stage at the behest of either party and is strictly confined to adjudicate the issues arising from the suit as framed by the pleadings of the parties. - Pleadings, together with the issues framed thereon, serve to crystallise the points of conflict, ensure that each side is apprised of the case it has to meet, and afford both parties a fair opportunity to lead evidence and advance submissions. To allow a party to depart from this framework at a belated stage would not only prejudice the opposite side but also undermine the principles of predictability and consistency that the adjudicatory process seeks to avow. (Para 18-19)

Legal Maxim - Lex specialis derogat legi generali - A specific law overrides a general law- Where a special enactment has been framed to deal with a defined subject matter, its provisions must prevail over those of the general law to the extent of any overlap. (Para 31)

Code of Civil Procedure 1908 - Section 100 - Second Appeal - High Court, while exercising its jurisdiction under Section 100 CPC, would not be justified in interfering with the concurrent findings of fact recorded by the courts below in a civil suit. Such interference is permissible, however, in the exceptional circumstances carved out in Hero Vinoth vs Seshammal case, including where the findings on material aspects suffer from perversity, are founded on no evidence, or are vitiated by reliance on considerations wholly irrelevant to the matter in issue. (Para 43)

Doctrine of Waiver -The doctrine of waiver, firmly rooted in the principles of contract law, operates to enable parties to a transaction to abandon rights that inhere in them. However, this doctrine is not without bounds -Waiver cannot be invoked so as to efface statutory obligations or to defeat matters grounded in public policy- If any element of public interest is involved, a waiver by one of the parties to an agreement cannot be given effect to where it militates against such public interest -The doctrine of waiver finds no application in matters concerning public interest or public policy - There can be no estoppel against the Government in the exercise of its Legislative, Sovereign, or Executive functions. When pressed against the Government, the plea of waiver faces an especially high threshold and rarely succeeds -When pressed against the Government, the plea of waiver faces an especially high threshold and rarely succeeds. (Para 52-58)

General Clauses Act, 1897 - Section 6 - The effect of repeal is to efface the repealed law altogether, as if it had never existed, save for the limited purpose of preserving actions that were initiated, prosecuted, and concluded while the law was in force. At the same time, repeal does not imply that the deleted provisions never existed to begin with, so as to preclude the continuance of proceedings that had already been instituted under the repealed statute. (Para 83)

Case Info

Case Name and Neutral Citation

  • Case Name: Divyagnakumari Harisinh Parmar and others v. Union of India and others
  • Neutral Citation: 2025 INSC 1145

Coram (Judges)

  • Justice Surya Kant
  • Justice Dipankar Datta
  • Justice Nongmeikapam Kotiswar Singh

Judgment Date

  • Date: 24 September 2025

Caselaws and Citations Referred

  1. Godrej and Boyce Mfg. Co. Ltd. v. State of Maharashtra(2014) 3 SCC 430
  2. Santoshkumar Shivgonda Patil v. Balasaheb Tukarama Shevale(2009) 9 SCC 352
  3. Waman Shriniwas Kini v. Ratilal Bhagwandas and Co.1959 SCC OnLine SC 120; 1959 Supp (2) SCR 217
  4. Shri Lalchoo Mal v. Shri Radhey Shyam1971 (1) SCC 619
  5. National Textile Corporation Limited v. Nareshkumar Badrikumar Jagad(2011) 12 SCC 695
  6. Kalyan Singh Chouhan v. CP Joshi(2011) 11 SCC 786
  7. Trojan and Co. v. Nagappa ChettiarAIR 1953 SC 235
  8. Neelakantan v. Mallika Begum(2002) 2 SCC 440
  9. Hero Vinoth v. Seshammal(2006) 5 SCC 545
  10. Madhukar Nivrutti Jagtap v. Pramilabai Chandulal Parandekar(2020) 15 SCC 731
  11. Provash Chandra Dalui v. Bishwanath BanerjeeAIR 1989 SC 1834
  12. All India Power Engineer Federation & Ors. v. Sasan Power Limited & Ors.(2017) 1 SCC 487
  13. State of Bihar v. Kameshwar Singh1952 SCC OnLine SC 52
  14. Ramanlal Gulabchand Shah v. State of Gujarat1968 SCC OnLine 70
  15. Forasol v. ONGCAIR 1984 SC 241
  16. General Electric Co. v. Renusagar Power Co.(1987) 4 SCC 137
  17. State of Punjab v. Mohar SinghAIR 1955 SC 84
  18. Jayantilal Amrathlal v. The Union of India(1972) 4 SCC 174
  19. Udai Singh Dagar and others v. Union of India(2007) 10 SCC 306
  20. Koteswar Vittal Kamath v. Rangappa Baliga and Co.(1969) 1 SCC 255
  21. State of Rajasthan v. Mangilal Pindwal(1996) 5 SCC 60
  22. Atma Ram Mittal v. Ishwar Singh Punia(1988) 4 SCC 284

Statutes / Laws Referred

  • Portuguese Civil Code, 1867
  • Decree No. 3602 Regimen for the grants of the lands of the State of India (1917 Law)
  • Government Regulation No. 985 (Organizacao Agraria, 1919)
  • Dadra and Nagar Haveli Land Reforms Regulation, 1971
  • Code of Civil Procedure, 1908 (Section 80, Section 100, Order XLI Rules 1, 2, 27)
  • General Clauses Act, 1897 (Section 6)
  • Constitution of India (Article 240, Article 300A)
  • Dadra and Nagar Haveli (Delegation of Powers) Regulation, 1964 (No. 10 of 1964)
Divyagnakumari Harisinh Parmar vs Union of India 2025 INSC 1145 - CPC -Pleadings - Second Appeal - Doctrine Of Waiver - Repeal - Special Law vs General Law
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