Code of Civil Procedure 1908

4th Oct, 2021

Defendant who refused summons not entitled to seek setting aside of ex-parte decree u/s Order IX Rule 13 CPC

In the matter of Vishwabandhu vs.Sri Krishna and Anr decided by the Hon’ble Supreme Court on 29.09.2021 FACTS: In this case, the defendant had refused to accept the summons issued in the suit. After […]

23rd Sep, 2021

Plaint has to be rejected under Order VII Rule 11 if reliefs claimed in it cannot be granted under law

In the matter of Rajendra Bajoria Vs. Hemant Kumar Jalan (CA 5819-5822 of 2021) decided by the Hon’ble Supreme Court of India on 21.09.2021 FACTS: In this case, a civil suit was filed by […]

22nd Sep, 2021

Non-filing of ‘Statement of Truth’ in a Written Statement of a commercial suit is a curable defect

In the matter of Harji Engineering Works Pvt. Ltd Vs. Hindustan Steelworks Construction Ltd. decided by the Hon’ble Calcutta High Court on 14.09.2021, the question before the Hon’ble Court was whether a Statement of Truth […]

10th Sep, 2021

Appeal at the stage of admission, needs to be admitted or rejected fully and not partly

An interesting question arose before the Nagpur Bench of the Bombay High Court in the case of Executive Engineer v. Manik Panjabrao concerning the part admission of the appeal under Section 96 of the Code […]

10th Sep, 2021

High Courts, in second appeal, may exercise limited factual review under section 103 CPC.

In the matter of K.N Nagarajappa & Ors Vs. H. Narasimha Reddy; Civil Appeal No. 5033-5034 of 2009 decided by the Hon’ble Supreme Court on 09.09.2021. Facts of the Case- The Respondent filed the first […]

28th Aug, 2021

Counsel’s failure to argue grounds in written submission cannot be the basis for review.

In an significant order in the case of Priya Communication v. Tata Capital (REVIEW PETITION (L) NO. 5868 OF 2021), the Bombay High Court has held that the failure of the counsel in pressing the […]

11th Aug, 2021

An application filed under O6R17 can be considered on merits before disposal of application under O12R6, as the case is still at an intermediate stage, even when it is “reserved for orders” for application under O12R6.

In the matter of M/s BDR Developers Pvt. Ltd. Vs. Narsingh Shah, CM(M) 412/2020 alongwith four other similar matter, decided by Delhi High Court on 03.08.2021. Background of the case- The Petitioner/Plaintiff claimed to be […]

1st Jul, 2021

Calcutta High Court distinguishes between the scope of Order XXXVIII Rule 5 CPC and Order XXXIX Rule 1 CPC

In the matter of Prabha Surana vs. Jaideep Halwasiya in GA 2 of 2021 in CS 52 of 2021 decided on 22.06.2021 by the Calcutta High Court. Facts: The Petitioner moved an application for temporary […]

10th Jun, 2021

Amendment cannot be allowed where it would amount to altering the nature of the suit

In the matter of Eknath Nivrutti Hegadkar vs. Aagatrao Dyanu Ghodake in Writ Petition no. 7436 of 2017 decided on 01.06.2021 decided by the Bombay High Court. Facts: The original plaintiff/ Respondent instituted a civil […]

4th Jun, 2021

Withdrawal of a suit after being unsuccessful in obtaining interim reliefs and thereafter choosing to institute the same in another court amounts to forum shopping and abuse of the process of the courts

In the matter of Black Diamond Track Parts Private Limited & Ors. Vs Black Diamond Motors Private Limited decided on 28.05.2021 in FAO (COMM) 41/2021 by the Delhi High Court FACTS: The Appellant/ Defendant preferred […]

28th May, 2021

Principles governing grant of anti-suit injunctions

In the matter of RAAJ UNOCAL Lubricants Ltd. Vs. Apple Energy Pvt. Ltd. & Anr. decided by the Hon’ble Delhi High Court on 25.05.2021 Facts of the case- Plaintiff had been established in technical collaboration […]

12th Oct, 2020

Application made at the appellate stage to withdraw the suit cannot be allowed by the court if granting such permission would have the effect of depriving or destroying or nullifying or annulling any right which has come to be vested with the defendant under the decree

Kerala High Court on 05.10.2020 in the matter of Sabu Issac Vs. Antony Chacko in OP (C). No. 123/2020 and OP (C). No. 173/2020 held that “an application made at the appellate stage to withdraw […]

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