Code Of Civil Procedure

A collection of 125 posts

Code Of Civil Procedure

Singamasetty Bhagavath Guptha v. Allam Karibasappa (D) 2025 INSC 1159 - CPC - First Appeal - Provincial Insolvency Act

Code of Civil Procedure 1908 - Section 96 - Important duty that an appellate court exercises, particularly when it seeks to reverse the judgment of the Trial Court -Quoted from Santosh Hazari v. Purushottam Tiwari: Firstly, the findings of fact based on conflicting evidence arrived at by the trial court

Code Of Civil Procedure

Executive Trading Co. Pvt. Ltd. v. Grow Well Mercantile Pvt. Ltd 2025 INSC 1157 - Order XXXVII CPC - Summary Suit - Filing Reply/Defence Without Even Prayer For Leave

Code of Civil Procedure 1908 - Order XXXVII - Whether court can permit filing a reply/defence without even praying for leave, setting out the available defence, etc.? If a reply or defence is allowed to come on record in a summary suit without the Leave of the Court then

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

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

Code Of Civil Procedure

Rajul Manoj Shah alias Rajeshwari Rasiklal Sheth v. Kiranbhai Shakrabhai Patel 2025 INSC 1109 - Order VIII Rule 6A CPC - Counter Claim

Code of Civil Procedure 1908 - Order VIII Rule 6A- A counterclaim directed solely against the co-defendants cannot be maintained- a counterclaim has necessarily to be directed against the plaintiff in the suit, though incidentally or along with it, it may also claim relief against the codefendants in the suit.

Code Of Civil Procedure

Canara Bank v. M Michael Raj - CPC - Review - Subsequent Judgment

Code of Civil Procedure 1908 - Order XLVII Rule 1 - Review is impermissible on the basis of subsequent judgment having been rendered in favour of review petitioner in another case -The explanation to Rule 1 clearly prohibits filing of review petition due to subsequent judgment - Quoted from Sanjay

Code Of Civil Procedure

Boyenepally Srijayavardhan v. V. Nirupama Reddy - CPC - Rejection Of Plaint - Specific Performance Suit

Code of Civil Procedure 1908 - Order VII Rule 11 - Rejection of Plaint - Where out of many reliefs claimed in the plaint, the plaintiff is found entitled to even one of them, the plaint cannot be rejected under Order VII Rule 11 CPC. In such circumstances, the suit

Code Of Civil Procedure

Malleeswari v. K. Suguna 2025 INSC 1080 - CPC - Review Jurisdiction

Code of Civil Procedure 1908 - Section 114 and Order XLVII - Through a review application, an apparent error of fact or law is intimated to the court, but no extra reasoning is undertaken to explain the said error. The intimation of error at the first blush enables the court

Code Of Civil Procedure

C.P. Francis v. C.P. Joseph 2025 INSC 1071 - CPC - Second Appeal - Evidence - Admission- Suggestion In Oral Evidence - Will

Code of Civil Procedure 1908 - Section 100 - Second Appeal -High Court is competent and endowed with discretionary jurisdiction to formulate a substantial question of law not stated when the second appeal was admitted. The High Court is entitled to formulate an additional substantial question of law for reasons

Code Of Civil Procedure

Tahir V. Isani vs. Madan Waman Chodankar 2025 INSC 1044 - Order XXI Rule 102 CPC

Note You can read our notes on this judgment in our Supreme Court Daily Digests. If you are our subscriber, you should get it in our Whatsapp CaseCiter Community at about 9pm on every working day. If you are not our subscriber yet, you can register by clicking here: Code

Code Of Civil Procedure

Dogiparthi Venkata Satish & Anr. vs. Pilla Durga Prasad 2025 INSC 1046 - Order XXX Rule 10 CPC - Proprietorship

Note You can read our notes on this judgment in our Supreme Court Daily Digests. If you are our subscriber, you should get it in our Whatsapp CaseCiter Community at about 9pm on every working day. If you are not our subscriber yet, you can register by clicking here: Read

Code Of Civil Procedure

Vikas Kamalakar Walawalkar v. Deputy Salt Commissioner -Order XLI Rule 8 (5) CPC

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Indian Evidence Act 1872 : Bharatiya Sakshya Adhiniyam 2023

Syed Basheer Ahmed vs Tinni Laboratories Private Limited 2025 INSC 1030 - S.73 Evidence Act - Material Alteration

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Code Of Civil Procedure

Iqbal Ahmed (D) vs Abdul Shukoor 2025 INSC 1027 - Order XLI Rule 27(1) CPC - Pleadings

Is it necessary for the Appellate Court to consider the pleadings of the parties before adjudicating the prayer made for leading additional evidence under the provisions of Order XLI Rule 27(1) CPC?

Code Of Civil Procedure

Pyla Demudamma vs Cheepurupalli Chandramma (D) - Order XII Rule 6 CPC - Judgment On Admissions

What is a valid admission in pleading for the purpose of Order XII Rule 6 CPC?

Code Of Civil Procedure

Time City Infrastructure and Housing Limited Lucknow vs State of U.P. 2025 INSC 966 - Order XXXIX Rule 3 CPC - Ex Parte Injunction Order - Non Compliance Of Proviso

What is the effect of an applicant's non-compliance with the proviso to Order XXXIX Rule 3 CPC?

Code Of Civil Procedure

Kishundeo Rout vs Govind Rao & 2025 INSC 956 - Adverse Possession Plea At Appellate Stage

Can Adverse Possession Plea Raised At Appellate Stage For The First Time?

Code Of Civil Procedure

Operation ASHA vs Shelly Batra 2025 INSC 932 - S.92 CPC - Societies & Constructive Trusts

Code of Civil Procedure 1908 - Section 92- i. A suit under Section 92 of the CPC is a representative suit of a special nature since the action is instituted on behalf of the public beneficiaries and in public interest. Obtaining a ‘grant of leave’ from the court before the

Code Of Civil Procedure

Odisha State Financial Corporation vs Vigyan Chemical Industries 2025 INSC 928 - Ss.47,80 CPC - Doctrine of Sub Silentio

Code of Civil Procedure 1908 - Section 47 -At the stage of execution proceedings, objections regarding the maintainability of the suit as well as the jurisdiction of the trial Court can be raised for consideration, and the executing court is well within its powers to deal with such objections in

Code Of Civil Procedure

Naipal Singh @ Nepal Singh Vs Savitri - Order XXVI Rule 10(3) CPC

Code of Civil Procedure 1908 - Order XXVI Rule 10(3) -The power under Order XXVI Rule 10(3) of the CPC is discretionary. Naipal Singh @ Nepal Singh Vs Savitri - Order XXVI Rule 10(3) CPC Naipal Singh @ Nepal Singh Vs Savitri - Order XXVI Rule 10(3) CPC

Code Of Civil Procedure

Gowtham Chand vs A. G. Shivakumar (D) - CPC - Second Appeal Scope

Code of Civil Procedure, 1908 - Section 100 - Scope of Second Appeal- What is required is a substantial question of law which if answered in favour of the appellant, shall have the effect of reversing the judgment and decree of the Court below. As a matter of course, findings

Code Of Civil Procedure

Aase Ram vs Amit Kumar - Order VII Rule 10-11 - Commercial Dispute - Civil Court

Code Of Civil Procedure 1908 - Order VII Rule 10 & 11 - If the Civil Court is of the view that the dispute being commercial in nature has to go before the Commercial Court then the plaint has to be returned under Order VII Rule 10 CPC. The entire

Code Of Civil Procedure

Suresh Chandra (D) vs Parasram 2025 INSC 873 - Order XXII CPC - Abatement Of Appeal - Order XLI Rule 4 CPC

Suresh Chandra (D) vs Parasram 2025 INSC 873 - Order XXII CPC - Abatement Of Appeal - Order XLI Rule 4 CPCSuresh Chandra (D) vs Parasram 2025 INSC 873 - Order XXII CPC - Abatement Of Appeal - Order XLI Rule 4 CPC.pdf1 MBdownload-circle note We make notes on

Code Of Civil Procedure

Binod Pathak Vs Shankar Choudhary 2025 INSC 842 - Order XXII Rule 10A CPC - Duty Of Pleader To Inform Death Of Party

Code of Civil Procedure 1908- Order XXII Rule 10A -The duty of a pleader to apprise the court as well as the other parties to the suit or appeal of the death of his client is a duty of candour and propriety as a responsible officer of the court. The

Civil Law

Pandurangan Vs T. Jayarama Chettiar 2025 INSC 825 - Order VII Rule 11 CPC - Res Judicata

💡Can the plea of res judicata in application seeking rejection of plaint? Code of Civil Procedure 1908 -Order VII Rule 11- The adjudication of the plea of res judicata is beyond the scope of Order VII, Rule 11 CPC- Res judicata cannot be decided merely on assertions made in the

Civil Law

Peter Augustine vs K.V. Xavier 2025 INSC 771 -CPC - First Appeal - Remand Order

Code of Civil Procedure 1908 - Section 96 - Order XLI - High Court set aside the Trial Court judgment remanding the matter back to the Trial Court for de-novo disposal - Allowing appeal, SC observed: The appeal could have been very well decided on the basis of the interpretation