Code of Civil Procedure 1908

19th Apr, 2024

Co-Defendants in a suit cannot file counter claim against each other, must file separate suit

In the matter of Arvind Kumar vs Trilok Kumar Misc Petition 2480 of 2021 decided by the Hon’ble High Court of Madhya Pradesh on 12.03.2024. FACTS: The present petition was filed by the Petitioner […]

27th Mar, 2024

Party claiming ownership rights in a property by way of adverse possession must know who the actual owner of the property is.

In the matter of Sh. M. Radheshyamlal vs. V Sandhya and Anr., Civil Appeal No 4322-2324 of 2024, decided by the Hon’ble Supreme Court of India on 18.03.2024. Facts of the case– The original owner […]

11th Mar, 2024

Para-wise reply to a plaint is essential, Allegations deemed to be admitted unless specifically denied

In the matter of Thangam & Anr versus Navamani Ammal Civil Appeal No. 8935 of 2011 decided by the Hon’ble Supreme Court of India on 04.03.2024 FACTS: The issue pertained to the genuineness of […]

2nd Feb, 2024

Mere non-filing of Written Statement will not entitle a decree under Order VIII Rule 10 CPC

In the matter of Asma Lateef & Anr. Vs. Shabbir Ahmad & Ors. Civil Appeal No. 9695/2013 decided by Hon’ble Supreme Court of India on 12.01.2024. The facts of the case and issue on maintainability […]

28th Jan, 2024

Where maintainability of a suit is questioned, the Court should prima facie decide question of maintainability before granting interim relief.

In the matter of Asma Lateef & Anr. Vs. Shabbir Ahmad & Ors. Civil Appeal No. 9695/2013 decided by Hon’ble Supreme Court of India on 12.01.2024. Facts of the Case- Appellants who were the Plaintiff […]

6th Nov, 2023

Without resorting to the execution of a decree under Order XXI Rule 32 of CPC, protection as to possession of the property cannot be granted by a Court.

In the Matter of Sri. H. Dyamanagouda v Patil Eshwara Gowda decided by the Karnataka High Court on 05.10.2023. Neutral Citation: 2023:KHC:36114 FACTS The Plaintiff in Suit No. O.S.No.120/1990 obtained a decree of perpetual injunction […]

21st Oct, 2023

Suit filed against dead person is a nullity, substitution of LR’s under Order 22 Rule 4 of the Code of Civil Procedure, 1908 is not permissible

In the matter of Laxminarayan & Ors V. Jankibai Died Through Lrs Smt. Suman @ Shakuntala & Ors decided by the Hon’ble High Court of Madhya Pradesh (Civil Revision No. 591 Of 2023) on 23.02.2023. […]

9th Jan, 2023

Failure of defendant to file written statement within prescribed time would not ipso facto and by itself justify invocation, of Order VIII Rule 10 to decree the suit without further process.

In Kleenoil Filtration India Pvt. Ltd vs. Udit Khatri & Ors., CS (COMM) 72/2022, decided by the Hon’ble Delhi High Court on 05.01.2023 The Hon’ble Court in the aforesaid matter came across the question as […]

14th Apr, 2022

Section 10 of the Code of Civil Procedure does not lay an embargo in proceeding with Arbitration during Pendency of insolvency proceedings

In the matter of Tata Capital Financial Services Ltd. v Naveen Kachru Proprietor, Arb. Pet. 295/2021 decided on 06.04.2022 by the Delhi High Court. Facts The Petitioner (Tata Financial Services Ltd.) filed a Petition before […]

22nd Mar, 2022

The executing court has to follow the procedure laid down in Order XXI Rule 34, where the decree in question provides for execution of a document.

In the matter of Rajbir Vs. Suraj Bhan & Anr., Civil Appeal No. 1700 of 2022, decided by the Hon’ble Supreme Court on 28.02.2022 Facts of the case: The Respondents filed for execution of decree […]

1st Mar, 2022

Grant of leave to defend is the ordinary rule; denial is an exception

In the matter of B.L. Kashyap v Sons ltd. v M/s JMS Steels and Power Corporation and Anr. [Civil Appeal No. 379 of 2022] decided by Hon’ble Supreme Court on 18.01.2022. FACTS The Plaintiff-Respondent No.1 […]

16th Dec, 2021

Mechanical compliance of stipulations under Section 63 of the Indian Succession Act does not prove execution of will

Factual Matrix: The Hon’ble Supreme Court in its judgment dated 25.11.2021 in the matter of “State of Haryana vs. Harnam Singh (Dead) Thr. LR’s & Ors.” had the occasion to consider whether mechanical compliance […]

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