Code Of Civil Procedure

A collection of 125 posts

Civil Law

IEEE Mumbai Section Welfare Association vs Global Ieee Institute For Engineers - CPC - Rejection Of Plaint - Temporary Injunction

❓In an appeal filed against the order of rejection of a plaint, Can HC grant an order of temporary injunction? Code of Civil Procedure 1908- Order VII Rule 11 - In an appeal filed against the order of rejection of a plaint i , HC granted an order of temporary injunction

Civil Law

Sulthan Said Ibrahim vs Prakasan 2025 INSC 764 - Res Judicata - Order I Rule 10, Order XXII Rule 4 CPC - Specific Relief Act

❓Does the principles of res judicata apply to different stages of the same proceeding ? Res Judicata - The principles of res judicata apply not only to two different proceedings but also to different stages of the same proceeding as well. - Referred to Bhanu Kumar Jain v. Archana Kumar reported

Civil Law

Shaifali Gupta vs Vidya Devi Gupta 2025 INSC 739 - CPC - Rejection Of Plaint - Benami Transaction

Code of Civil Procedure 1908 - Order VII Rule 11 (d) ; Benami Transaction (Prohibition) Act, 1988 - Section 4 - For rejecting a plaint, the test is whether from the statement made in the plaint it appears without doubt or dispute that the suit is barred by any statutory provision.

Code Of Civil Procedure

Saraswati Devi vs Santosh Singh 2025 INSC 715 - Limitation - Execution Of Permanent Prohibitory Injunction

Code of Civil Procedure 1908 - Order XXI - When the decree is one of permanent prohibitory injunction from interference to the peaceful possession of the scheduled property, a satisfaction recorded in one EP would not result in the dismissal of a further EP filed on the ground of a

Code Of Civil Procedure

Tushar Himatlal Jani vs Jasbir Singh Vijan 2025 INSC 663 - Order XXXIX CPC- Interim Injunctions

Code of Civil Procedure 1908 - Order XXXIX - Before granting an interim injunction, the Court must satisfy itself of three essential prerequisites: firstly, the existence of a prima facie case in favour of the applicant evincing a reasonable probability of success at trial; secondly, that the balance of convenience

Civil Law

Mahendra Magruram Gupta vs Rajdai Shaw 2025 INSC 651 - CPC - Appeal Against Order Refusing Injunction

Code of Civil Procedure 1908 - Order XLIII - In an appeal to the High Court against the order of the Trial Court refusing to grant injunction pending disposal of the suit, the High Court cannot dismissed the substantive portion of the suit itself and direct that the remaining part

Civil Law

Saroj Salkan vs Huma Singh 2025 INSC 632 - Order XII Rule 6 CPC - Admissions -Partition

Code of Civil Procedure 1908 - Order XII Rule 6- The Court can pass a judgment at any stage of the suit and that too on its own motion i.e. without any application being filed by any party - Rule 6 authorises the Court to not only pass a

Civil Law

Shubhkaran Singh vs Abhayraj Singh 2025 INSC 628 - Order XVIII Rule 17 CPC - S.165 Evidence Act

Code of Civil Procedure 1908 - Order XVII Rule 17 - If it appears to a court trying the suit at any stage of the proceedings that it is necessary to recall and further examine a witness it can always do so. This power can be exercised even at the

Civil Law

Santosh Devi vs Sunder 2025 INSC 627 - Order VII Rule 6 CPC -S. 17 Limitation Act - Registration

Code of Civil Procedure 1908 - Order VII Rule 6 - It is necessary that the plaint should show the ground upon which the exemption from the normal period of limitation is claimed. (Para 18) It is not the mere use of general words such as ‘fraud’ that can serve

Civil Law

Dr. Vimal Sukumar vs D. Lawrence 2025 INSC 622 - Order 1 Rule 8 CPC -Interim Relief

Code of Civil Procedure 1908 - Order 1 Rule 8 - Grant of leave under Order 1 Rule 8 is not prerequisite for grant of interim reliefs since the permission under the said rule can be granted at any stage of the proceedings- While filing of application it is not

Civil Law

J N Real Estate vs Shailendra Pradhan 2025 INSC 611 -Order I Rule 10(2) CPC - Impleadment

❓Can Court implead a party in a suit even against the wishes of plaintiff? Code of Civil Procedure 1908 - Order I Rule 10(2) - The plaintiff, being dominus litis, may choose the persons against whom he wishes to litigate and seek relief, yet this rule of impleadment would

Constitutional Law

K. Valarmathi vs. Kumaresan 2025 INSC 606 - Art. 227 Constitution - Rejection Of Plaint

❓Can the High Court in exercise of its supervisory jurisdiction under Article 227 reject a plaint? Constitution of India - Article 227 ; Code of Civil Procedure 1908 - Order VII Rule 11 - Can the High Court in exercise of its supervisory jurisdiction under Article 227 reject a plaint? SC

Civil Law

P. Kumarakurubaran vs P. Narayanan 2025 INSC 598 - CPC - Rejection Of Plaint - Limitation Act - Date Of Knowledge

Code of Civil Procedure 1908- Order VII Rule 11(d) - When the question of limitation involves disputed facts or hinges on the date of knowledge, such issues cannot be decided at the stage of Order VII Rule 11 CPC- Once the date of knowledge is specifically pleaded and forms

Civil Law

Sakina Sultanali Sunesara (Momin) vs Shia Imami Ismaili Momin Jamat Samaj 2025 INSC 570 - CPC- Compromise Decree

Code of Civil Procedure 1908 - Order XXIII Rule 3,3A - Order XLIII Rule 1-A - If a person was already a party to the suit, and denies that any lawful compromise ever took place, the CPC requires that person to go back to the Trial Court under the

Civil Law

Amruddin Ansari (D) vs Afajal Ali 2025 INSC 566 -CPC - Fresh Suit After Dismissal For Default

Code of Civil Procedure 1908- Order IX Rule 4 -Whether after the dismissal of the petition for restoration of suit under Order IX Rule 4 of the C.P.C. a fresh suit is maintainable? A fresh suit is maintainable even after the rejection of the application filed under Order

Civil Law

Shrikanth NS vs K. Munivenkatappa 2025 INSC 557- Order XI Rule 14 CPC

Code of Civil Procedure 1908 - Order XI Rule 14 - The provision enables the Court to seek production of the documents during the pendency of the suit. (Para 9) 2025 INSC 557 Shrikanth NS vs K. Munivenkatappa - Order Xi Rule 14 CPC2025 INSC 557 Shrikanth NS vs K.

Civil Law

Jharkhand Urja Utpadan Nigam Ltd. vs Bharat Heavy Electricals Limited 2025 INSC 533 - Order XX Rule 1 CPC - Commercial Courts Act

Code of Civil Procedure 1908 - Order XX Rule 1 - Commercial Courts Act, 2015 -Section 13(1-A) - Order XX Rule 1 CPC as amended and made applicable to the Commercial Courts is to be treated as only directory and not mandatory. So notwithstanding the provision contained in the

Criminal

Central Bureau Of Investigation vs Ramesh Chander Diwan 2025 INSC 539 -S. 197 CrPC - Deputation

Code of Criminal Procedure 1973 - Section 197- Protection of sub-section (1) of Section 197, Cr. PC is available only to such public servants whose appointing authority is the Central Government or the State Government and not to every public servant. (Para 26) Service Law - Deputation - Where exigency

Civil Law

Kanchhu vs Prakash Chand 2025 INSC 542 - CPC - Ex Parte Defendant Rights - Pleadings

Code of Civil Procedure 1908 -Order VI Rule 2- Pleadings, either in a plaint or a written statement, constitute the plinth on which the respective claims and defence of the parties to a civil suit rest. What a pleading ought to contain is provided in Order VI Rule 2, CPC.

Code Of Civil Procedure

Nafees Ahmad vs Soinuddin 2025 INSC 520 - Order XLII Rule 30,31 CPC

Code of Civil Procedure 1908 - Order XLII Rule 31 - Whether in a particular case, there has been substantial compliance, with the provisions of Order 41 Rule 31 CPC should be determined on the nature of the judgment delivered in each case. Non-compliance with the provisions, by itself, may

Civil Law

Manjunath Tirakappa Malagi vs Gurusiddappa Tirakappa Malagi (D) 2025 INSC 517 - Order XXIII Rule 3 CPC - Compromise Decree

Code of Civil Procedure 1908 - Order XXIII Rule 3, 3A - The only remedy against a compromise decree is to file a recall application- No appeal is maintainable against a consent decree having regard to the specific bar contained in Section 96(3) CPC- No independent suit can be

Civil Law

Nikhila Divyang Mehta vs Hitesh P. Sanghvi 2025 INSC 485 - CPC - Rejection Of Plaint - Limitation Act - Declaration Suit

Limitation Act 1961- Section 3 - Every suit instituted after the period prescribed under the Act shall be dismissed even if limitation has not been set up as a defence. The aforesaid provision is of a mandatory nature and cannot be ignored by the courts even if not pleaded or

Civil Law

R. Nagaraj (D) vs Rajmani 2025 INSC 478 - CPC - Framing of Issues - Limitation

Code of Civil Procedure 1908 - Framing of Issues - There could be several points directly or indirectly connected with the main issue that has been framed. In such cases, when the larger issue that has been framed is wide enough to cover different points of disputes within it, there

Motor Accident Compensation

Chatha Service Station vs Lalmati Devi 2025 INSC 468 - Motor Accident Compensation - Order XLI Rule 27 CPC

Motor Accident Compensation - It is incumbent on the Court/Tribunal considering a case of a licensee driving another type of vehicle, for which he has not obtained a licence, to take a decision as to whether this fact was the main or contributory cause of negligence- This factum of

Civil Law

Rajiv Ghosh vs Satya Naryan Jaiswal 2025 INSC 467 - Order XII Rule 6 - Admissions

Code of Civil Procedure 1908 - Order XII Rule 6 - The words “or otherwise” are wide enough to include all cases of admissions made in the pleadings or de hors the pleadings i.e. either in any document or even in the statement recorded in the Court. If one