Code of Civil Procedure 1908

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 […]
17th Aug, 2019

Plaintiff cannot be forced to add parties against whom he does not want to fight.

The Supreme Court has reiterated that, in a suit, the plaintiff is the dominus litis and cannot be forced to add parties against whom he does not want to fight unless there is a compulsion […]
11th Jul, 2019

Plaint under Order 7 Rule 11 can only be rejected as a whole or not at all

The Supreme Court in the matter of Madhav Prasad Aggarwal and  Anr. vs.Axis Bank Ltd. & Anr., arising out of SLP (C) No.31579 of 2018 decided on 01.07.2019 has held that relief of rejection of […]
18th May, 2019

When an appeal is filed against a joint and indivisible decree and one of the co-appellant dies and the legal representative of the deceased appellant is not brought on record, the appeal will abate against the surviving appellant also.

The Apex Court in Hemreddi (D) Through Lrs. versus Ramachandra Yallappa Hosmani and Ors. bearing no. Civil Appeal No. 4103 of 2008 decided on 07.05.2019 held that where appeal is being filed by more than […]
19th Mar, 2019

Marginal Delay in Deposit of Court Fees not a Ground to Refuse Prosecution of Suit on Merits

The Bombay High Court held that marginal delay in payment of the deposit of court fees cannot be a ground to deprive the opportunity to prosecute suit on merits. The said decision was held in […]
28th Feb, 2019

120 Days deadline to file Written Statement is mandatory in Commercial Suits

Supreme Court has observed that proviso added to the Code of Civil Procedure by Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, is mandatory and no written statement can be […]
2nd Feb, 2019

Section 144 is attracted only when a decree or an order is varied or reversed in appeal, revision or any other proceeding or is set aside

The Apex Court held that a court of first instance may order for restitution only when a decree or an order is varied, reversed or set aside or modified. Such court is empowered to pass […]
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 […]