Code Of Civil Procedure

A collection of 125 posts

SARFAESI Act

Central Bank Of India vs Prabha Jain 2025 INSC 95 - Ss 17,34 SARFAESI Act -

SARFAESI Act - Section 17, 34 - In this case, the plaintiff in her suit has prayed for 3 reliefs: For a declaration that the sale deed executed by one Sumer Chand Jain in favour of Parmeshwar Das Prajapati is illegal (“first relief”) 2. For a declaration that the mortgage

Code Of Civil Procedure

U. Sudheera Vs C. Yashoda 2025 INSC 80 - S 100 CPC - Second Appeal - Interim Order

Can High Court can pass any ad interim order for a limited period, before framing substantial question of law in a second appeal?

Code Of Civil Procedure

Cuddalore Powergen Corporation Ltd. vs Chemplast Cuddalore Vinyls Limited 2025 INSC 73 - Order II Rule 2 CPC

Code Of Civil Procedure 1908- Order II Rule 2 - The object of Order II Rule 2 is to prevent the multiplicity of suits and the provision is founded on the principle that a person shall not be vexed twice for one and the same cause. ii. The mandate of

2025 INSC

State Of West Bengal vs PAM Developments Private Limited 2025 INSC 69 - Ss 12, 80 CPC

Code of Civil Procedure 1908 - Section 12 & Order XXIII Rule 1 - No suit lies on the same cause of action if the plaintiff has abandoned their claim - This principle is not attracted when the circumstances give rise to a continuous cause of action resulting in a

Code Of Civil Procedure

Daliben Valjibhai Prajapati vs Kodarbhai Kachrabhai 2024 INSC 1049 - Order VII Rule 11 CPC - Art. 59 Limitation Act

Code of Civil Procedure 1908 - Order VII Rule 11 ; Limitation Act 1963 - Article 59 - Suit for cancellation of sale deed - In impugned judgment, HC noted that under Article 59 of the Limitation Act, a suit can be instituted within 3 years of the knowledge, it proceeded

Limitation Act

Indian Evangelical Lutheran Church Trust Association vs Sri Bala 2025 INSC 42 - Order VII Rule 11 CPC - Article 113 Limitation Act - Rejection Of Plaint

Code of Civil Procedure 1908 - Order VII Rule 11 - Rejection of Plaint - Caselaws discussed (Para 6.1) -Normally the question of limitation would be a mixed question of law and fact. Hence, usually, on a reading of the plaint it is not rejected as being barred by

Code Of Civil Procedure

Punjab National Bank Vs Atin Arora - S 21 CPC - Place Of Suing - Objection

Code of Civil Procedure 1908 - Section 21- Objections regarding the place of suing shall not be allowed unless such objection is taken in the Court/tribunal of first instance at the earliest possible opportunity- If such objection is not taken at the earliest, it cannot be allowed to be

Code Of Civil Procedure

Dwarika Prasad (D) Vs Prithvi Raj Singh 2024 INSC 1030 - Order IX Rule 13 CPC - Counsel's Fault

Code of Civil Procedure 1908 - Order IX Rule 13 - Courts should not shut out cases on mere technicalities but rather afford opportunity to both sides and thrash out the matter on merits. Further, we cannot let the party suffer due to negligent or fault committed by their counsel.

Code Of Civil Procedure

Shri Mukund Bhavan Trust vs Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle 2024 INSC 1025 - Order VII Rule 11 CPC - Rejection Of Plaint

Code Of Civil Procedure 1908 - Order VII Rule 11 - When an application to reject the plaint is filed, the averments in the plaint and the documents annexed therewith alone are germane. The averments in the application can be taken into account only to consider whether the case falls

Code Of Civil Procedure

Abdul Rejak Laskar vs Mafizur Rahman 2024 INSC 1023 - Section 9 CPC - Order XX Rule 18 CPC - Partition Suits - Assam Land and Revenue Regulation

Assam Land and Revenue Regulation 1886- Section 97, 154(1)(e) - To maintain a suit for imperfect partition under Section 97, the appellant has to fulfill two conditions stipulated therein. a. First, the person seeking partition should be in actual possession of the property in respect of which he

Code Of Civil Procedure

Mallavva vs Kalsammanavara Kalamma 2024 INSC 1021 -Order VI Rule 17 - Amendment Of Pleadings - Appellate Stage

Code of Civil Procedure 1908 - Order VI Rule 17 – A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of rules of procedure. The court always gives relief to amend the pleading of the party, unless it is satisfied that the party

Code Of Civil Procedure

Jami Venkata Suryaprabha Vs Tarini Prasad Nayak 2024 INSC 1001 - Order XVIII Rule 1 CPC - Right To Begin

Code Of Civil Procedure

Jaichand (D) vs Sahnulal 2024 INSC 996 - S 100 CPC - Second Appeal - Substantial Question Of Law

Code Of Civil Procedure 1908 - Section 100- In the Second Appeal, the High Court should be satisfied that the case involves a substantial question of law and not mere question of law. Under Section 100, C.P.C., the High Court cannot interfere with the findings of fact arrived

Code Of Civil Procedure

Navratan Lal Sharma vs Radha Mohan Sharma 2024 INSC 970 - Order XXIII Rule 3,3A CPC - Recall Application

Code Of Civil Procedure - Order XXIII Rule 3 & 3A - Only the court that entertains the petition of compromise can determine its legality, at the time of recording the compromise or when it is questioned by way of a recall application. No other remedy is available to the

Code Of Civil Procedure

Luniya Munot And Company vs State Of Maharashtra - CPC - Decree

Decree - A decree has to be understood based upon the judgment. It cannot be read like a statute. Luniya Munot And Company vs State Of Maharashtra -Luniya Munot And Company vs State Of Maharashtra -.pdf51 KBdownload-circle

Code Of Civil Procedure

Jayanandan vs Suresh Kumar 2024 INSC 956 - Amendment Of Written Statement

Summary: Allowing appeal, SC observed: A decree granted by the Trial Court could not have been set aside merely because there was an amendment to the Written Statement made by the first defendant and in the absence of any evidence being let in support of the claim made- any averment

Code Of Civil Procedure

Rohit Kochhar Vs Vipul Infrastructure Developers Ltd. 2024 INSC 920 - S 16 CPC - S 22 Specific Relief Act

Code of Civil Procedure 1908 - Section 16(d) - Specific Relief Act 1963 - Section 22 -Absence of a specific prayer seeking transfer of possession would not have any bearing on the character of the suit, which is one covered by Section 16(d) of the CPC. (Para 33)

Code Of Civil Procedure

Shivaji vs Parwatibai 2024 INSC 917 - CPC - Second Appeal

Code of Civil Procedure 1908- Section 100 - Second appeal decided by High Court even without giving notice to the appellant herein- Questions of law were framed during the dictation of the order and the appellant herein did not have an opportunity of being heard- Practice deprecated. Read Judgment In

Code Of Civil Procedure

Ramakant Ambalal Choksi vs Harish Ambalal Choksi 2024 INSC 913- CPC -TP Act- Interim Injunction - Lis Pendens

❓Can interim injunction restraining transfer of the suit property be refused merely because doctrine of lis pendens takes care of all pendente lite transfers? Code of Civil Procedure 1908 - Order XXXIX Rule 1 -Transfer Of Property Act 1882 - Section 52 -Notwithstanding the Rule of lis pendens in Section

Code Of Civil Procedure

Nitin Mahadeo Jawale vs Bhaskar Mahadeo Mutke 2024 INSC 902 - Delay Condonation - Written Statement

Code of Civil Procedure 1908- Delay of 4½ years in filing the written statement- In this case, High Court allowed the petition filed by the original plaintiff and set aside the order passed by Trial Court condoning the delay - Dismissing SLP, SC observed: Even if we assume for a

Specific Relief Act

R. Kandasamy (D) vs T.R.K. Sarawathy 2024 INSC 884 - Specific Performance Suit

Specific Relief Act 1963 - Specific Performance Suit - In a fact scenario where the vendor unilaterally cancels an agreement for sale, the vendee who is seeking specific performance of such agreement ought to seek declaratory relief to the effect that the cancellation is bad and not binding on the

Code Of Civil Procedure

State Of Haryana vs Amin Lal (D) 2024 INSC 875 - Adverse Possession - Revenue Records

Adverse Possession - State cannot claim adverse possession over the property of its own citizens - Allowing the State to appropriate private property through adverse possession would undermine the constitutional rights of citizens and erode public trust in the government. (Para 10-11) - Adverse possession requires possession that is continuous,

Code Of Civil Procedure

Hitesh Bhuralal Jain vs Rajpal Amarnath Yadav - CPC - Receiver Appointment

Code Of Civil Procedure 1908 - Order XL - The court would not appoint a receiver until and unless there are certain compelling reasons - Mere recording of the expressions ‘prima facia case’ and ‘conduct’ by themselves are not sufficient- It should indicate how the property would deteriorate without the

Indian Contract Act

Ramachandra Reddy (D) vs Ramulu Ammal (D) 2024 INSC 868 - Contract Act - Consideration - Settlement Deed- S 100 CPC - Second Appeal

Indian Stamp Act 1899 - Section 2 (24)- Indian Contract Act 1872 - Section 2 - Settlement - ‘Consideration’ need not always be in monetary terms. It can be in other forms as well. [In this case, High Court held that the deed in question was a gift deed

Arbitration and Conciliation Act 1996

HPCL Bio -Fuels Ltd. vs Shahaji Bhanudas Bhad 2024 INSC 851 - Section 11 Arbitration Act - Order 23 Rule 1 CPC - Section 5, 14 Limitation Act

Arbitration & Conciliation Act 1996- Section 11 ; Code Of Civil Procedure 1908 - Order 23 Rule 1- An application under Section 11(6) of the Act, 1996 is not a suit and hence will not be governed stricto-sensu by Order 23 Rule 1 of the CPC. However, the principles underlying