Code Of Civil Procedure

A collection of 125 posts

Code Of Civil Procedure

NAK Engineering Company Pvt. Ltd. v. Tarun Keshrichand Shah and Ors 2026 INSC 8 - CPC - Dominus Litis - Necessary & Proper Party

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Electricity Act

RattanIndia Power Ltd v. MSEDCL; 2025 INSC 1502 - Electricity Act - CPC - Precedents - Remand Order

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Code Of Civil Procedure

Phool Singh vs Randheer Singh 2025 INSC 1492 - CPC - Abatement

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Code Of Civil Procedure

Danesh Singh v. Har Pyari (D) 2025 INSC 1434 - Order XI CPC - Transfer Of Property Act

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Code Of Civil Procedure

Sivanmalai Subramaniaswamy Devasthanam vs S. Muthusamy Gounder (D) 2025 INSC 1407 - CPC- Second Appeal

Read Judgment In LawLens Code of Civil Procedure 1908 - Section 100 - Second Appeal - Allowing an appeal, Supreme Court observed: We find that the High Court was not right in raising the aforesaid substantial questions of law besides under the provisions of the Act. They were not on

Code Of Civil Procedure

S. Kalaimamani vs DS.S. Sudhakaran - Art. 227 Constitution- CPC Remedy

Constitution of India - Article 227 ; Code of Civil Procedure 1908 - Section 96-When an appeal could have been filed before the High Court under Section 96 CPC, the High Court ought not to have exercised its supervisory jurisdiction under Article 227 of the Constitution of India- Where a remedy

Code Of Civil Procedure

L.K. Prabhu v. K.T. Mathew; 2025 INSC 1364- Order XXXVIII Rule 5 CPC - Attachment Before Judgment - Already Transferred Property

Read Judgment In LawLens Code of Civil Procedure 1908- Order XXXVIII Rules 5,8 & Order XXI Rule 58 ; Transfer of Property Act - Section 53- Attachment before judgment under Order XXXVIII Rule 5 CPC could not be extended to the property already transferred. (Para 20) Code of Civil Procedure

Code Of Civil Procedure

C.M. Meenakshi v. Archbishop of Bangalore & Others; 2025 INSC 1363 - CPC - Rejection Of Plaint

Read Judgment In LawLens Code of Civil Procedure 1908 - Order VII Rule 11 - Trial Court allowed petition for rejection of plaint - In appeal, High Court set aside this order and dismissed the petition -Dismissing appeal, SC observed: All that the High Court meant was that the suit

Code Of Civil Procedure

Popular Caterers v. Ameet Mehta 2025 INSC 1354 - Arbitration - CPC - Order XLI Rule 5

Code of Civil Procedure 1908 - Order XLI Rule 3,5 -For the purpose of granting of benefit of unconditional stay of the execution of money-decree, it has to be established more than prima facie that: (i) The decree is egregiously perverse, (ii) is riddled with patent illegalities, (iii)is

Code Of Civil Procedure

Mohammadhanif Mohammadibrahim Patel v. Pallaviben Rajendra Kumar Patel 2025 INSC 1347 - CPC - Interim Relief - Appeal Against Dismissal Of Suit

Code of Civil Procedure 1908 - Section 96 - Order XLI - Just because the original suit came to be dismissed, that does not mean that in the pending appeal, the appellate court cannot grant appropriate relief as prayed for - he grant of appropriate relief is a discretionary power

Code Of Civil Procedure

G.R. Selvaraj (D) v. K.J. Prakash Kumar 2025 INSC 1353 - Order XXI Rule 90(3) CPC

Read Judgment In LawLens 💡Whether Order XXI Rule 90(3) CPC would have an overriding effect barring the judgment debtors from seeking invalidation of the sale when they could have but never raised the ground, that the entire property need not have been sold to satisfy the decree, at a

Code Of Civil Procedure

Shahid Alam v. Arun Kumar Yadav @ Balmiki Yadav - CPC - Res Judicata

Code of Civil Procedure 1908 - Section 11 -The issue of res judicata is a right which inheres in a person who raises the same, and has to be considered on its own merits- The plea of res judicata has to be taken at the very first instance so as

Code Of Civil Procedure

Atul J Doshi vs Pramukh Properties and Developers Pvt. Ltd.; 2025 INSC 1345 - Order XV-A CPC (Bombay Amendment)

Order XV-A (Bombay Amendment)  -In a suit based on lessor-lessee or licensor-licensee relationship for eviction and arrears of rent, the Court, in exercise of its discretion, can direct the lessee or licensee, as the case may be, to pay arrears of regular rent or license fee, as the case may

Code Of Civil Procedure

Bharat Kantilal Dalal (D) v. Chetan Surendra Dalal 2025 INSC 1334-Order XXI Rule 22 CPC

Code of Civil Procedure 1908- Order XXI Rule 22 - The executing court is under an obligation to issue notice to the person against whom a decree is sought to be executed in the circumstances enumerated therein. The mandate of Order 21 Rule 22 (1) stands on two independent and

Code Of Civil Procedure

Babasaheb Ramdas Shirole Vs Rohit Enterprises - CPC - Rejection Of Plaint - Limitation

Code of Civil Procedure 1908 - Order VII Rule 11 -Limitation is a mixed question of law and fact and unless the same is patently and unequivocally clear, it cannot form a ground under Order VII Rule 11 of the CPC for non-suiting a plaintiff. Babasaheb Ramdas Shirole Vs Rohit

Code Of Civil Procedure

Sanjay Tiwari v. Yugal Kishore Prasad Sao 2025 INSC 1310 - CPC - Counter Claim Against Co-Defendant

Code of Civil Procedure 1908 - Order VIII Rule 6A - High Court affirmed the order of the Trial Court admitting a counter claim by the defendant Nos.2 and 3, who were subsequently impleaded, on their application. The counter claim was against the first defendant; against whom the plaintiff

Code Of Civil Procedure

Periyammal (D) vs V. Rajamani - Execution Petition - Withdrawal

Code of Civil Procedure 1908 - Order XXI - Execution Petitions -The executing court should ensure that without any valid reason, it should not permit the learned advocates to withdraw the execution petitions and then refile them again. It is only for a very valid reason that the executing court

Tenancy Laws

K. Subramaniam (D) vs Krishna Mills Pvt. Ltd. 2025 INSC 1309 -TN Rent Control Act- CPC - Finality Of Judicial Decision

Tamil Nadu Buildings (Lease and Rent Control) Act, 1960- Section 10 - SC Rejected the contention that the absence of a two months’ notice under the Explanation to Section 10(2)(i) would ipso facto disentitle the landlord from maintaining the proceedings for eviction on the ground of wilful default.

Code Of Civil Procedure

Kapadam Sangalappa v. Kamatam Sangalappa; 2025 INSC 1307 - CPC - Execution - Decree Violation

Code of Civil Procedure 1908 - Order XXI - Execution - In execution petition, the primary onus lies on the decree-holder to show that the judgment debtor has willfully disobeyed the conditions of the decree. (Para 26) - The burden of proving violation of the decree rests squarely on the

Code Of Civil Procedure

Vikram Bhalchandra Ghongade v. State of Maharashtra 2025 INSC 1283 - Decree - Appellants Expired

Code of Civil Procedure 1908 - Order XXII Rule 6 -Decree - The decree passed by the first appellate Court passed in an appeal, where both the appellants had expired prior to the appeal being heard, its decree in favour of dead persons was a nullity - The proceedings in

Code Of Civil Procedure

MMTC Limited v. Anglo American Metallurgical Coal Pvt. Limited; 2025 INSC 1279 - S.47 CPC

Code of Civil Procedure, 1908 - Section 47- The object of Section 47 is to prevent unwarranted litigation and dispose of all objections as expeditiously as possible- TThere is a steady rise of proceedings akin to a retrial which causes failure of realization of the fruits of a decree, unless

Indian Evidence Act 1872 : Bharatiya Sakshya Adhiniyam 2023

Maddirala Venkateswarlu v. Gonuguntla Ramesh Naidu - Evidence - Unregistered Document

Evidence - A document, though initially inadmissible for want of proper stamping, can be admitted into evidence once the deficiency of stamp duty and penalty, if any, are duly paid- While an unregistered document affecting immovable property cannot be received as evidence of the transaction itself, but it can be

Code Of Civil Procedure

Karam Singh v. Amarjit Singh 2025 INSC 1238 - CPC - Rejection Of Plaint - Adverse Possession - Revenue Records

Code of Civil Procedure 1908 - Order VII Rule 11 - Whether the defendants perfected their title by adverse possession would be a mixed question of law and fact and can appropriately be addressed only after evidence is led. The same cannot be made basis to reject the plaint at

Code Of Civil Procedure

Anvita Auto Tech Works Pvt. Ltd. vs. Aroush Motors 2025 INSC 1202 -CPC - Non-Filing Written statement - Right To Cross Examine

Code of Civil Procedure, 1908 (CPC) - Order VIII - Even when the defendant has not filed the Written statement, his right to cross-examine the plaintiff witnesses is not foreclosed - The purpose of cross-examination is to elicit the truth from the witness and impeach its credibility. When the WS

Code Of Civil Procedure

Lifestyle Equities C.V. vs Amazon Technologies Inc. 2025 INSC 1190 - Order XLI Rule 5 CPC - Money Decree- Grant Of Stay

Code of Civil Procedure, 1908 (CPC) - Order XLI Rule 5 - The benefit of stay of execution of a money decree may be granted by the Appellate Court unconditionally, if it: i. is egregiously perverse; ii. is riddled with patent illegalities; iii. is facially untenable; and/or iv. such