Code of Civil Procedure 1908

11th Jan, 2019

Dismissal of application to file a suit as an indigent person is not a bar against filing an appeal as an indigent person.

The Supreme Court of India held in a judgment that if an application of the person to file a suit as an indigent person under Order 33 of the Code of Civil Procedure 1908 (hereinafter […]
2nd Jan, 2019

Upon eviction of a tenant, right of members of his family, is also extinguished in rented premises

In a recent judgment, the Delhi High Court, held that though termination of tenancy is required to be done by issuing a notice under Section 106 of Transfer of Property Act 1882, yet the filing […]
27th Dec, 2018

A person in settled possession cannot be dispossessed even by the Governmental Authority except by the due process of law

In a recent judgment, the Delhi High Court, held that in the present case, the Respondent/Plaintiff had been in settled possession not only since before the institution of suit but for the last 35 years. […]
19th Dec, 2018

Appeal abates as a whole if legal heirs of deceased defendants are not impleaded and allowing the appeal against remaining respondents would result in two contradictory decrees with respect to the same subject matter

The Supreme Court held that if the interests of the co-defendants are separate, a suit will abate under Order XXII Rule 4 of CPC only as regards the particular interest of the deceased party, however […]
12th Dec, 2018

The Registrars/ Joint Registrars of Delhi High Court cannot grant leave to a party for production of its own documents beyond the stage prescribed for production.

The Hon’ble High Court of Delhi while interpreting Rule 3 of the Delhi High Court Rules 2018 read with Orders VII, VIII and XI of the Code of Civil Procedure 1908 held that in the […]
11th Dec, 2018

Order XXXIX Rule 10 is applicable where a party to suit admits that he holds money as a trustee for another party

In a recent judgment, the Delhi High Court, held that enjoyment of a property without payment of any charges by the occupier who is not an owner is impermissible. The said ruling was delivered in […]
8th Dec, 2018

An ex-parte judgment cannot be set aside by simply blaming the previous counsel.

The Hon’ble High Court of Delhi rejected the contention of the Appellant challenging the dismissal of his application under Order IX Rule 13 by the Trial Court. The Delhi Court held that the litigant owes […]
6th Dec, 2018

Disposal of suit under Order XXIII Rule 3 & Mediation and Conciliation Rules of 2004: a written agreement and signed by parties to the suit

In a recent judgment, the Delhi High Court observed in a reference under Section 113 of the Civil Procedure Code, 1908 on the Mediation and Conciliation Rules of 2004, that if there exists an agreement […]
24th Nov, 2018

Realisation of an unconditional bank guarantee cannot be prevented by way of an injunction except on the ground of fraud or irretrievable injury

The Delhi High Court has held that a bank guarantee cannot be injuncted from being encashed on the pretext that the condition for enforcing the bank guarantee in terms of the agreement entered between the […]
23rd Nov, 2018

In a summary suit, defendant is entitled to unconditional leave to defend only if triable issues or a substantial defense is raised

In a summary suit, if the defense taken by the defendant is substantial in nature or if the issues so raised appear to be genuine and triable, the Plaintiff will not be entitled to judgment […]
23rd Nov, 2018

Order II Rule 2 CPC is applicable to claims relating to the same cause of action.

The Hon’ble High Court of Delhi held that the subsequent suit for restraining passing off is not barred under Order II Rule 2 of the Code of Civil Procedure 1908, as the cause of action […]
22nd Nov, 2018

Section 34 of CPC empowers the Court to grant post award interest even where the statute does not provide for payment of interest on awarded sum

The Delhi High Court has taken a view that Court has power to grant interest in the decree under Section 34 CPC even in cases where the statute does not make any specific provision for […]