Code Of Civil Procedure

A collection of 125 posts

Code Of Civil Procedure

Uma Devi vs Anand Kumar 2025 INSC 434 - Order VII Rule 11 CPC - Rejection Of Plaint - Registration

Code of Civil Procedure -Order VII Rule 11 - If in a suit, no cause of action is disclosed, or the suit is barred by limitation under Rule 11 (d), the Court would not permit the plaintiff to unnecessarily protract the proceedings in the suit. In such a case, it

Civil Law

I.K. Merchants Pvt. Ltd. vs State Of Rajasthan 2025 INSC 418 - S. 34 CPC - Grant Of Interest- Public Interest

Code of Civil Procedure 1908 - Section 34 -Court to grant interest at three different stages of a money decree viz., (i) the court may award interest on the principal sum claimed at a rate it deems reasonable, for the period before the suit was filed. Such interest is generally

Civil Law

Uttam Rice Mill vs. Ashok Construction Company - Order XXI Rule 106,17(IA) CPC - Restoration Of Execution Proceedings

Code of Civil Procedure 1908- Order XXI Rule 106, 17 (lA) - Execution Court dismissed application seeking restoration of the execution proceedings - Upholding this order, SC observed: Even if it were assumed that the facts of the case did not demand application of Rule 17 (lA) of Order XXI

Civil Law

J. Ganapatha Vs N. Selvarajalou Chetty Trust 2025 INSC 395 - Moulding Of Relief

Moulding Of Relief - The concept of moulding of relief refers to the ability of a court to modify or shape a relief sought by a party in a legal proceeding based on the circumstances of the case and the facts established after a full-fledged trial. The principle enables the

Civil Law

Yerikala Sunkalamma Vs State Of Andhra Pradesh 2025 INSC 383 - S.80 CPC Notice - Art.300A Constitution - Declaratory Title Suits Against Government

Code of Civil Procedure 1908- Section 80 -The primary objective behind Section 80 of the CPC is to provide the Government or a public officer with an opportunity to assess the legal merits of a claim and potentially settle it if it appears to be just and reasonable (Para 97)

Civil Cases

Raju Naidu vs Chenmouga Sundra 2025 INSC 368 - Execution -Limited Rights Of Transferee Pendent Lite

Code of Civil Procedure, 1908 - Order XXI - Transfer of Property Act - Section 53A -Limited rights of the transferee pendent lite on the principle of lis pendens - Such limited rights cannot be stretched to obstruct and resist the full claim of the decree holders to execute the

Civil Law

Gangubai Raghunath Ayare vs Gangaram Sakharam Dhuri (D) 2025 INSC 355 - Order I Rule 9 - Necessary Party

Code of Civil Procedure 1908 - Order I Rule 9 - Care must be taken to ensure that the necessary party is before the court, be it a plaintiff or a defendant, otherwise, the suit or the proceedings will have to fail - Quoted form of Chief Conservator of Forests,

Civil Law

Rabindranath Panigrahi vs Surendra Sahu 2025 INSC 333- S 100 CPC - Second Appeal

Code of Civil Procedure 1908 - Section 100 -A finding of fact could not be disturbed by the Court in the Second Appeal, as it was not open for the Court to examine the evidence assuming First Appeal jurisdiction, unless the findings returned were perverse. (Para 10) 2025 INSC 333

Civil Law

Himalayan Brahmo Samaj Mandir Trust Shimla vs Bindiya Kuller - S 92 CPC - Transfer Of Suit To ADJ

Code of Civil Procedure, 1908 - Section 92 -The institution of a suit under Section 92 CPC before the Principal District Judge, and its transfer thereafter, to the Additional District Judge due to an administrative exigency -Section 6 read with Sections 9 and 17 of the HP Courts Act clearly

Code Of Civil Procedure

Periyammal (Dead) vs V. Rajamani 2025 INSC 329 - Execution Petitions Delay- Order XXI Rule 97 -101 CPC - S. 47 CPC

Code of Civil Procedure 1908 - Execution Petitions -Long and inordinate delay at the end of the Executing Courts across the country in deciding execution petitions - The mandatory direction requiring the execution proceedings to be completed within six months from the date of filing reiterated - Directions issued: High

Civil Law

Lavanya C vs Vittal Gurudas Pai 2025 INSC 325 - Order XXXIX Rule 2A - Violation Of Injunction - Lawyer Client Relationship

Code of Civil Procedure 1908 - Order XXXIX Rule 1,2, 2A- Even if the injunction order was subsequently set aside, the disobedience does not get erased -The rigour of such disobedience may be toned down if the order is subsequently set aside- Referred to Samee Khan v. Bindu Khan

Civil Law

C Prabhakar Rao vs Sama Mahipal Reddy 2025 INSC 311 - Order IX Rule 13 CPC - Setting Aside Ex Parte Decree & Delay Condonation

Code of Civil Procedure 1908 - Order IX Rule 13- The procedure for setting aside the ex-parte decree will be distinct from the procedure for condoning the delayed filing of the application to set aside the ex-parte decree - The adjudication and determination of a court with respect to setting

Civil Law

K. Ramasamy vs R. Nallammal 2025 INSC 310 Delay Condonation - Setting Aside Ex Parte Decree

Code of Civil Procedure 1908 - Order IX Rule 13- High Court order condoned a 1312-day delay and set aside an ex-parte decree - Allowing appeal, SC observed: There is falsity writ large, in the submission of the lawyer having misplaced the files. The application to set aside the ex­

Civil Law

Ram Lal vs Jarnail Singh (D) 2025 INSC 301 - S. 28 Specific Relief Act - Order XX Rule 12A CPC

Specific Relief Act 1963 - Section 28 - The non-payment of the balance sale consideration within the time period fixed by the Trial Court does not amount to abandonment of the contract and consequent rescinding of the same. The real test must be to see if the conduct of the

Civil Law

Pappammal (D) vs Jothi 2025 INSC 277 - Order I Rule 10 CPC - Necessary Party

Code of Civil Procedure 1908 - Order I Rule 10 (2) - The entire purpose of a Trial is to reach the truth of the matter and it is absolutely important that all necessary parties must be heard, before a decision is taken by the Court. (Para 12) 2025 INSC

Civil Law

M. S. Ananthamurthy vs J. Manjula 2025 INSC 273- Transfer of Property - Registration Act - Power Of Attorney - Res Judicata

Transfer of Property Act 1882- Section 54,55 - An agreement to sell does not meet the requirements of Sections 54 and 55 of the TPA to effectuate a ‘transfer’ -A transfer of immovable property by way of sale can only be by a deed of conveyance. An agreement to

Criminal

Subhelal @ Sushil Sahu vs State Of Chhattisgarh 2025 INSC 242 - Scope Of S. 437(6) CrPC - Bail

Code of Criminal Procedure 1973 - Section 437(6)- Reasons for rejection of application under sub-section (6) of the said Section have to be different and little more weighty than the reasons that may be relevant for rejection for bail at the initial stage (Para 11)- Applications under

Civil Law

Bankat Swami Trust vs Daiwan(D) - CPC - Second Appeal - Finding Of Fact

Code of Civil Procedure 1908 - Section 100 - The High Court, if it is of the view that a finding of fact is required for the adjudication of the second appeal, can call for the same from the Trial Court, by keeping the appeal pending- For the aforesaid purpose,

Civil Law

N. Mohanasundaram vs K.M.Vinothan - Order I Rule 10 CPC

Code of Civil Procedure 1908 - Order I Rule 10 - What is required to be considered while dealing with an application under Order 1 Rule 10 of the CPC, is as to whether a party is a necessary and proper party for adjudication. Discretion is given to the Court

Civil Law

Tomorrowland Limited vs Housing and Urban Development Corporation Limited 2025 INSC 207 - S 34 CPC - Award Of Interest - Contract - Equity - Commercial Disputes

Code of Civil Procedure 1908 - Section 34 - The award of interest is a discretionary exercise steeped in equitable considerations - The power to award interest ought to be exercised judiciously, aligning with equitable considerations and also ensuring neither undue enrichment nor unfair deprivation. Courts are duty-bound to assess

Civil Law

Om Prakash Gupta Alias Lalloowa (D) vs Satish Chandra (D) 2025 INSC 183 - Order XXII Rule 1,4 CPC - Abatement - Substitution - Limitation

Code of Civil Procedure 1908- Order XXII Rule 1 - Limitation Act 1963 - Article 120,121 -The total time-frame for filing an application for substitution and for setting aside abatement, as outlined in Articles 120 and 121 of the Limitation Act, is 150 (90 + 60) days. The question of

Civil Law

Charan Singh vs Ram Saroop - S 96 CPC -Composite Appeal

Code of Civil Procedure - Section 96 - Order XLI Rule 1 - Trial Court dismissed suit and allowed counter claim - Instead of filing two appeals with separate memoranda of appeal, the appellant - plaintiff filed one composite appeal challenging the common judgment and order of the trial court.

Civil Law

Bhudev Mallick Alias Bhudeb Mallick Vs Ranajit Ghoshal 2025 INSC 175 - Order XXI Rule 32 - Imprisonment Of JD - Jurisdictional Error

Code of Civil Procedure 1908 - Order XXI Rule 32 - Imprisonment of a judgment-debtor is no doubt a drastic step and would prevent him from moving anywhere he likes, but once it is proved that he had wilfully and with impunity disobeyed an order of injunction, the court owes

Code Of Civil Procedure

Manish Aggarwal Vs Sukhdev Singh -S 100 CPC - Second Appeal - Punjab Courts Act - S 33 Evidence Act - S 313 CrPC

Code of Civil Procedure 1908 - Section 100- Punjab Courts Act - Section 41 - In the State of Punjab,  it is not necessary for the Second Appellate  Court to formulate ‘substantial question of law’ before it decides a case.  Nevertheless, it does not mean that the court can appreciate

Code Of Civil Procedure

H Anjanappa vs A Prabhakar 2025 INSC 121 - Ss 96,100 CPC - S 52 TP Act -Leave To Appeal

Code of Civil Procedure 1908 - 96 and 100 - A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies the court that he falls within the category of an aggrieved person- It is only where a judgment and decree prejudicially affects a person who