Code of Civil Procedure 1908

17th Mar, 2020

An order of dismissal of application under Order 7 Rule 10 CPC will not come in the way of trial Court while framing an issue on territorial jurisdiction

The Delhi High Court in the matter of M/s Meyer Apparel Ltd. Vs. M/s Panchanan International Private Limited bearing CM(M) 1511/2018 decided on 11.03.2020 held that an application under Order 7 Rule 10 CPC is […]
3rd Feb, 2020

Section 92 of the Code of Civil Procedure 1908 would not be applicable in a suit by a Trust.

The Supreme Court in the matter of Ghat Talab Kaulan Wala vs. Baba Gopal Das Chela Sruti Dass (Through LR) (Civil Appeal No. 724/2020) decided on 31.01.2020 held that Section 92 of CPC contemplates a […]
3rd Feb, 2020

A Court of civil jurisdiction cannot pass an order of stay of proceedings pending before a Criminal Court /Tribunal/adjudicatory body

The Delhi High Court in the matter of Harinder Singh Kochar vs. Blue Coast Infrastructure, FAO (OS) 8/2020 and CM APPL. 3425/2020 decided on 28.01.2020 held that a civil court cannot be permitted to pass […]
27th Jan, 2020

Appellate court cannot act as an appellate court in revision proceedings

The Supreme Court of India in the matter of Varadrajan vs. Kanakavali & Ors. (Civil Appeal No. 5673/2009) dated 22.01.2020 reiterated that an order passed by a subordinate court can be interfered with only if […]
27th Jan, 2020

Consumer Commission can appreciate additional evidence on record at the stage of appeal and revision

National Commission in the matter of Branch Manager, Universal Sompo General Insurance Company vs. Didwania Exim Pvt Ltd. & Ors. (RP No. 533 of 2019), decided on 21.01.2020, has opined that additional evidence/ documents can […]
20th Jan, 2020

Inconvenience of the wife should be treated as the prime consideration in a proceeding under Section 24 of CPC arising out of a matrimonial suit.

The Calcutta High Court reiterated the above-mentioned proposition in the matter of Sanchayita Deb vs Sustana Deb (CO No. 3963 and 3964 of 2018) published on 15.01.2020. Also, in terms of language of section 9 […]
6th Jan, 2020

In a suit for recovery, Bank would be entitled to sell the hypothecated vehicle even if the Defendant is ex-parte

The Delhi High Court in the case of M/s ICICI Bank Limited vs Nidhi Sharma (CM (M) 1814/2019) decided on 23.12.2019 held that the Bank would be entitled to sell the hypothecated vehicle where the […]
15th Dec, 2019

Second appeal should not be dismissed on merit for reasons of non-appearance of lawyer

The Supreme Court has held, in the absence of counsel for the appellant, appeal may, if the Court deems fit, be dismissed in default but the same cannot be heard and decided on merits. The […]
27th Nov, 2019

There is no embargo on filing counter claim after filing written statement as per Order VIII Rule 6A, Code of Civil Procedure 1908

The Supreme Court has held that a Court can exercise its discretion and permit the filing of a counterclaim after the written statement till the stages of framing of issues of the trial.   It […]
24th Sep, 2019

Grant of leave is a necessary prerequisite to entertain a suit under Section 92, Code of Civil Procedure 1908

  The Supreme Court has observed that in every suit filed under Section 92 of the Code of Civil Procedure the grant of leave is necessary before the said suit can be said to be […]
14th Sep, 2019

A mere contemplation or possibility that a right may be infringed without any legitimate basis for the right, would not be sufficient to hold that the plaint discloses a cause of action.

Cause of action requires infringement of the right or breach of an obligation and comprises of all material facts on which the right and claim for the breach is founded, that is, some act done […]
29th Aug, 2019

Filing of Cross Objections by Defendants not necessary to dispute adverse findings in a dismissed suit

The Supreme Court has observed that it is not necessary that the defendants should file cross objections to the appeal against dismissal of a suit to dispute certain findings adverse to them in the judgment […]