O.14 R.5 CPC | Courts Can Amend Or Strike Out Issues Anytime Before Decree, But Must Hear Parties And Allow Evidence: J&K High Court
3 months, 1 week ago

O.14 R.5 CPC | Courts Can Amend Or Strike Out Issues Anytime Before Decree, But Must Hear Parties And Allow Evidence: J&K High Court

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Shedding light on the on the scope of judicial discretion under Order 14 Rule 5 and of the CPC, the Jammu and Kashmir and Ladakh High Court has reiterated that courts have the authority to amend, add, or strike out issues at any stage of a suit before a decree is passed. The Court emphasised that striking out an issue without consent or hearing the parties violates the fundamental principles of natural justice. when an issue is amended, the parties should be given an opportunity of leading evidence as also heard on the amended issue, even though the parties may have led evidence on such amended issues, so is similar the position of law vis a vis striking off of an issue that when a court strike out an issue, at any stage of the proceedings, such issue should not be struck off or deleted without the consent of the parties and without hearing the parties” Background: The case originated from a suit for permanent injunction filed by the appellant, Govind Ram, against Sat Pal, the predecessor of respondents 1 to 4, regarding two kanals of land in Kathua. In the present case, Justice Wani observed that the trial court violated these principles by modifying the first issue after the conclusion of arguments without giving the parties an opportunity to address the amended issue. Noting that the appellate court compounded the procedural irregularities by striking off issues without providing any hearing or opportunity to the parties to contest the deletion Justice Wani highlighted that this omission was a gross violation of procedural fairness and natural justice.

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History of this topic

O.26 R.9 CPC Allows Appointment Of Commissioner To Clarify Disputed Matters Only When Evidence is Inconclusive: J&K High Court
1 week ago

O.26 R.9 CPC Allows Appointment Of Commissioner To Clarify Disputed Matters Only When Evidence is Inconclusive: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reaffirmed that a Commissioner for local investigation under Order 26 Rule 9 of the Civil Procedure Code can only be appointed when the evidence before the trial court is inconclusive and requires clarification. The petitioner's counsel, Mr. Ankush Manhas, contended that the trial court had erred in appointing a Commissioner under …

O 39 R 2A CPC | Even If Injunction Order Was Subsequently Set Aside, Party Remains Liable For Its Prior Violation : Supreme Court
2 weeks, 2 days ago

O 39 R 2A CPC | Even If Injunction Order Was Subsequently Set Aside, Party Remains Liable For Its Prior Violation : Supreme Court

Live Law  

The Supreme Court observed that the subsequent setting aside of an injunction order would not preclude the courts from holding the party guilty of disobedience of the committed during the pendency of the order. The Court's decision was based on the precedent established in the case of Samee Khan v. Bindu Khan 7 SCC 59, where it was held that …

Mediated Settlement Enforceable Only Upon Court Approval And Issuance Of Decree: J&K High Court
2 months, 3 weeks ago

Mediated Settlement Enforceable Only Upon Court Approval And Issuance Of Decree: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated the enforceability of mediated settlements under the Jammu and Kashmir Mediation and Conciliation Rules, 2019 and emphasized that a settlement reached during mediation gains the status of a decree enforceable at law only when it receives the Court's approval and a decree is passed accordingly. The trial court, in a …

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity
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4 months, 3 weeks ago

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Live Law  

The Supreme Court has set aside the High Court's decision dismissing an objection to a decree on the grounds of misapplication of provisions. The court observed that procedural irregularity cannot defeat substantive rights and that the party in whose favor a substantial right has been generated cannot be denied the enjoyment of the right because of some mistake, negligence, inadvertence, …

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity
Trending News
4 months, 3 weeks ago

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Live Law  

The Supreme Court has set aside the High Court's decision dismissing an objection to a decree on the grounds of misapplication of provisions. The court observed that procedural irregularity cannot defeat substantive rights and that the party in whose favor a substantial right has been generated cannot be denied the enjoyment of the right because of some mistake, negligence, inadvertence, …

Civil Procedure Code | Appellate Court Can't Create New Case For Parties & Frame Issues Without Following Order XLI : Supreme Court
6 months, 3 weeks ago

Civil Procedure Code | Appellate Court Can't Create New Case For Parties & Frame Issues Without Following Order XLI : Supreme Court

Live Law  

Recently, the Supreme Court held that the Courts at the Appellate stage of civil suits cannot create a new case for the parties while framing such additional issues that were never raised in the pleadings of the parties. “It is well-settled principle of law that the Court cannot create any new case at the appellate stage for either of the …

Only CPC Provisions Mentioned In RERA Act Apply To RERA Proceedings, Remaining Provisions Intentionally Excluded By Legislature: HP High Court
7 months ago

Only CPC Provisions Mentioned In RERA Act Apply To RERA Proceedings, Remaining Provisions Intentionally Excluded By Legislature: HP High Court

Live Law  

Addressing the extent to which the provisions of the Code of Civil Procedure, 1908, apply to proceedings before the Real Estate Regulatory Authority, the Himachal Pradesh High Court has ruled that only those provisions of the CPC explicitly mentioned in the Real Estate Act, 2016, apply to RERA proceedings, while other provisions were intentionally excluded by the Legislature. Adjudicating a …

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court
7 months, 3 weeks ago

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court

Live Law  

The Bombay High Court has held that under Section 9-A CPC Act, 2018), a Trial Court cannot frame an issue which has the effect of disposing of the suit only in part. The petitioners/plaintiffs challenged the order of the Trial Court in allowing the application of respondents/defendants to frame a preliminary issue of limitation under Section 9-A CPC in the …

CPC | Nature Of Issues Crucial To Attract Applicability Of Section 10, Not Nature Of Relief Sought: J&K High Court
8 months ago

CPC | Nature Of Issues Crucial To Attract Applicability Of Section 10, Not Nature Of Relief Sought: J&K High Court

Live Law  

Emphasising the importance of the nature of issues in civil suits the Jammu and Kashmir and Ladakh High Court has ruled that its not the nature of relief being sought but the nature of issues which are involved in the two suits that are crucial to attract applicability of Section 10 of the CPC A bench comprising Justice Sanjay Dhar …

[S.151 CPC] Inherent Power Of Court To Do Justice Not Affected By Its Power To Recall Witnesses, Elicit Clarifications: J&K High Court
11 months, 1 week ago

[S.151 CPC] Inherent Power Of Court To Do Justice Not Affected By Its Power To Recall Witnesses, Elicit Clarifications: J&K High Court

Live Law  

Reiterating the importance of the inherent power of the court under Section 151 of the Civil Procedure Code to ensure a fair trial the Jammu and Kashmir and Ladakh High Court has held that the inherent power of the court is not affected by the express power conferred upon the court under Order 18 Rule 17 of the Code to …

Order 1 Rule 10(2) CPC | Court Can Add Or Remove Parties For Determination Of Dispute Without Protraction Or Inconvenience: J&K High Court
1 year, 1 month ago

Order 1 Rule 10(2) CPC | Court Can Add Or Remove Parties For Determination Of Dispute Without Protraction Or Inconvenience: J&K High Court

Live Law  

Highlighting the court's mandate under Order 1 Rule 10 of the Civil Procedure Code the Jammu and Kashmir and Ladakh High Court has ruled that the court has the power to bring all interested parties into a lawsuit for a comprehensive and conclusive resolution. Clarifying the position on Order 1 Rule Justice Javed Iqbal Wani observed, “That though the Court …

OXLI R25 CPC | Appellate Court Not Obligated To Remand Matter Back For Fresh Trial Merely Because It Framed New Issues: MP High Court
2 years, 4 months ago

OXLI R25 CPC | Appellate Court Not Obligated To Remand Matter Back For Fresh Trial Merely Because It Framed New Issues: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that the lower appellate court is not required to set aside the judgment and decree in a matter, thereby remanding it back to the trial court to be decided afresh, merely because it had framed new issues. Furthermore, since the lower appellate court had framed new issues and had taken additional …

Order 23 Rule 3 CPC | Vitiated Compromise Decree Can Be Recalled By Same Court, Separate Suit Challenging Such Decree Is Barred: J&K&L High Court
2 years, 6 months ago

Order 23 Rule 3 CPC | Vitiated Compromise Decree Can Be Recalled By Same Court, Separate Suit Challenging Such Decree Is Barred: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Wednesday observed that a compromise deed is essentially a contract between the parties superimposed by the decree of the Court and such a decree can be avoided only by approaching the same Court and demonstrating before it that the compromise on the basis of which decree is passed is not lawful. …

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC
2 years, 7 months ago

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC

Live Law  

The Sikkim High Court recently dismissed a petition filed under Article 227 of the Constitution seeking permission to amend plaint and file a written statement to the counter-claim filed by the respondents, pending proceedings before the Civil Court under Order XLI Rule 25 CPC.The provision provides that an Appellate Court may frame certain additional issues for examination and refer them. …

On Setting Aside Ex Parte Decree, Defendants Who Have Not Filed Written Statement Can Be Permitted To Cross Examine Witnesses: Supreme Court
2 years, 8 months ago

On Setting Aside Ex Parte Decree, Defendants Who Have Not Filed Written Statement Can Be Permitted To Cross Examine Witnesses: Supreme Court

Live Law  

The Supreme Court observed that on setting aside the ex­parte decree, the defendants can be permitted to participate in the suit proceedings and cross­-examine the witnesses.In this case, the defendants were set ex parte by the Trial Court. Referring to these judgments, the court allowed the appeal, and observed: "As observed and held by this Court in the case of …

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court
2 years, 8 months ago

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court

Live Law  

The Meghalaya High Court has set aside the conviction and the ensuing punishment of a murder accused due to failure of the Trial Court to discharge its duties properly as provided under Section 313 of the Code of Criminal Procedure, 1973. While passing an order for re-trial from the stage of Section 313, a Division Bench of Chief Justice Sanjib …

[Section 216 CrPC] Court Can Add Or Alter Charges At Any Time, Even After Reserving Judgment: SC [Read Judgment]
5 years, 2 months ago

[Section 216 CrPC] Court Can Add Or Alter Charges At Any Time, Even After Reserving Judgment: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a trial court to exercise its powers of altering or adding charges under section 216 of the Code of Criminal Procedure even after the completion of evidence, arguments and reserving of the judgment. Thereafter, Public Prosecutor filed an application under Section 216 of CrPC for alteration of charge stating that even though an additional …

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