Non-Mentioning Of Correct Provision Not Fatal To Application If The Power To Pass Order Is Available With Court: SC [Read Judgment]
5 years, 5 months ago

Non-Mentioning Of Correct Provision Not Fatal To Application If The Power To Pass Order Is Available With Court: SC [Read Judgment]

Live Law  

The Supreme court has observed that mere non-mentioning of an correct provision is not fatal to the application if the power to pass such an order is available with the court.In this case, the original plaintiff Mafaji Motiji Thakor had assigned his rights and interest in the land in favour of JCS. The Supreme court has observed that mere non-mentioning of an correct provision is not fatal to the application if the power to pass such an order is available with the court. The bench observed: According to us, the application was wrongly filed under Order I Rule 10 CPC and it should have been filed Order XXII Rule 10 CPC. It is well settled law that mere non-mentioning of an incorrect provision is not fatal to the application if the power to pass such an order is available with the court.

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History of this topic

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court
3 weeks, 3 days ago

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court

Live Law  

The Supreme Court recently observed that an application filed under Section 47 of CPC relating to the determination of questions related to the execution of the decree would be deemed as an application filed under Order XXI Rule 97 if it raises questions of right, title, or interest in the property. The Court clarified that while applications under Section 47 …

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court
3 weeks, 3 days ago

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court

Live Law  

The Supreme Court recently observed that an application filed under Section 47 of CPC relating to the determination of questions related to the execution of the decree would be deemed as an application filed under Order XXI Rule 97 if it raises questions of right, title, or interest in the property.The Court clarified that while applications under Section 47 of …

Order XXII Rule 4 CPC | No Separate Prayer To Set Aside Abatement Needed If Application To Substitute Legal Heirs Is Filed: Supreme Court
1 month, 2 weeks ago

Order XXII Rule 4 CPC | No Separate Prayer To Set Aside Abatement Needed If Application To Substitute Legal Heirs Is Filed: Supreme Court

Live Law  

The Supreme Court held that if an appeal abates due to the failure to substitute legal heirs, filing a substitution application under Order XXII Rule 4 CPC eliminates the need for a separate application to set aside the abatement. “When an application praying for substitution had been made, then, even assuming that it does not have an explicit prayer for …

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court
3 months ago

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court

Live Law  

The Supreme Court on December 20 set aside an order passed by the High Court of Bombay dated April 26, 2016. While reiterating the position of law that the question of limitation is a mixed question of fact and law and the question for rejecting the plaint on that has to be decided after weighing the evidence on record, a …

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court
3 months ago

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court

Live Law  

The Supreme Court on December 20 set aside an order passed by the High Court of Bombay dated April 26, 2016. The Appellants sought rejection of the said plaint by filing an application under Order VII Rule 11 of the Civil Procedure Code, 1908 on grounds that the suit was barred by limitation. However, the trial Court erroneously dismissed the …

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court
8 months, 1 week 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 …

Order 41 Rule 31 CPC | Omission To Separately Frame Issues Not Fatal If Appellate Court Has Otherwise Dealt With Them : Supreme Court
10 months, 2 weeks ago

Order 41 Rule 31 CPC | Omission To Separately Frame Issues Not Fatal If Appellate Court Has Otherwise Dealt With Them : Supreme Court

Live Law  

The Supreme Court held that an omission to frame points of determination by the first appellate court as per Order 41 Rule 31 of the Code of Civil Procedure, 1908 would not prove fatal as long as that first appellate court dealt with all the issues that arise for deliberation in the said appeal.“Thus, even if the first appellate Court …

[O.38 R.5 CPC] Plaintiff Can't Use Provision As Tool For Coercion Or Easy Execution Of Decrees: J&K High Court
11 months, 3 weeks ago

[O.38 R.5 CPC] Plaintiff Can't Use Provision As Tool For Coercion Or Easy Execution Of Decrees: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently cautioned against using Order 38 Rule 5 of the Civil Procedure Code as a tool to coerce defendants or convert unsecured debts into secured ones. The provisions of Order 38 Rule 5 being stringent in nature are to be construed strictly without being used as a lever for a plaintiff …

O.23 R.3A CPC Doesn't Bar Proceedings Instituted By Non-Party Challengers Of Compromise Decrees If They Don't Claim Any Rights: J&K High Court
1 year ago

O.23 R.3A CPC Doesn't Bar Proceedings Instituted By Non-Party Challengers Of Compromise Decrees If They Don't Claim Any Rights: J&K High Court

Live Law  

Clarifying the applicability of the bar under Order 23 Rule 3-A of the Civil Procedure Code to challenge compromise decrees the Jammu and Kashmir and Ladakh High Court has recently ruled that said bar does not apply to non-party challengers of compromise decrees, provided they are not claiming any right through a party to the compromise decree. After meticulously analysing …

CPC | Power Of Court To Preserve Existing Condition Of Property Distinct From Power To Ascertain, Collect Or Elucidate Facts In Dispute: J&K HC
1 year ago

CPC | Power Of Court To Preserve Existing Condition Of Property Distinct From Power To Ascertain, Collect Or Elucidate Facts In Dispute: J&K HC

Live Law  

Making a crucial distinction between two key provisions of the Civil Procedure Code - Order 39 Rule and Order 26 Rule the Jammu and Kashmir and Ladakh High Court has highlighted that Order 39 Rule primarily aims to record the existing condition of property to monitor changes or interference by parties, while Order 26 Rule focuses on elucidating facts relevant …

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 …

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)
1 year, 3 months ago

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 – Civil Trial - Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Pradeep Mehra v. Harijivan J. Jethwa, 2023 LiveLaw 936 : 2023 INSC 958 Code of Civil Procedure, 1908; Section 47 read with Order XXI - Executing …

Order VII Rule 11 CPC - No Evidence Or Merits Of Controversy Can Be Examined While Deciding Rejection Of Plaint : Supreme Court
1 year, 3 months ago

Order VII Rule 11 CPC - No Evidence Or Merits Of Controversy Can Be Examined While Deciding Rejection Of Plaint : Supreme Court

Live Law  

Recently, the Supreme Court held that no amount of evidence or merits of the controversy could be examined at the stage of deciding rejection of a plaint application under Order VII Rule 11 of the Code of Civil Procedure, 1908. In this case, the Court opined that only the averments in the plaint would be relevant for invoking clause of …

Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court
1 year, 5 months ago

Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court

Live Law  

The Supreme Court on Tuesday held that a plaint cannot be rejected in part under Order VII Rule 11 of the Code of Civil Procedure, 1908. The Court also reiterated that when a plaint does not disclose a cause of action, it is liable to be rejected under Order VII Rule 11. However, the High Court allowed the application under …

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court
1 year, 6 months ago

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court

Live Law  

The Kerala High Court recently laid down that the failure to raise objections before the proclamation of sale as prescribed under Order XXI Rule 90 CPC does not preclude the appellant from challenging the sale if the mandatory procedures under Order XXI Rule 64 were not complied with. Order XXI Rule 64 CPC deals with the power of the court …

Supreme Court Half Yearly Digest 2023 -Code Of Civil Procedure, 1908
1 year, 7 months ago

Supreme Court Half Yearly Digest 2023 -Code Of Civil Procedure, 1908

Live Law  

Section 10 - Stay of Suit Code of Civil Procedure, 1908; Section 10 - Stay of Suit - By virtue of Section 10 CPC, a Court is prohibited from proceeding with trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit, of course, subject to other conditions mentioned …

Applications Filed For ‘Clarification/Addition’ While Evading The Recourse Of Review, Should Be Discouraged: Supreme Court
1 year, 7 months ago

Applications Filed For ‘Clarification/Addition’ While Evading The Recourse Of Review, Should Be Discouraged: Supreme Court

Live Law  

The Supreme Court observed that 'applications' filed on the pretext of ‘clarification/addition’ while evading the recourse of review, ought not to be entertained and should be discouraged. "Any alternation or addition to a judgment pronounced by Court can be made only to correct a clerical or arithmetical mistake or an error arising out of an accidental slip or omission", the …

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court
2 years ago

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that inadvertence on the part of a party to produce a document before the Court cannot be construed as a substantial cause within the meaning of Rule 27 of Order XLI of the Civil Procedure Code to allow application for production of additional documents. Order XLI R 27 of …

Is Order XXV Rule 1(1) CPC Mandatory? Delhi High Court Larger Bench To Decide
2 years, 2 months ago

Is Order XXV Rule 1(1) CPC Mandatory? Delhi High Court Larger Bench To Decide

Live Law  

The Delhi High Court has referred the issue relating to the interpretation of Order XXV Rule 1 of the Code of Civil Procedure to a larger bench. Observing that appears to be a "clear inconsistency" in the views expressed by different coordinate benches of the high court on whether the proviso to Order XXV Rule 1 of CPC is mandatory …

Supreme Court Annual Digest 2022- Code Of Civil Procedure (CPC)
2 years, 2 months ago

Supreme Court Annual Digest 2022- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 Code of Civil Procedure, 1908; The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Code of Civil Procedure, 1908; Section 96, 105 and Order IX Rule 13 …

Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]
2 years, 5 months ago

Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]

Live Law  

Admiralty Act, 2017; Section 12, 14 - Code of Civil Procedure, 1908; Order 1 Rule 10, Order XLIII Rule 1 - Commercial Courts Act, 2015 - An order for addition of a party under Order 1 Rule 10 of the CPC is not appealable under section 14 of the Admiralty Act - An appeal does not lie to the Commercial …

Order I Rule 10 CPC | Theory Of Dominus Litis Can't Be Overstretched To Exclude Necessary Parties From Suit: Bombay High Court
2 years, 5 months ago

Order I Rule 10 CPC | Theory Of Dominus Litis Can't Be Overstretched To Exclude Necessary Parties From Suit: Bombay High Court

Live Law  

The Bombay High Court has recently held that the trial court has "full power" under Order I Rule 10 of the Civil Procedure Code to add a party as defendant if necessary to decide a suit, even if the plaintiff does not choose to implead said party. Justice Sandeep V. Marne of the Aurangabad Bench dismissed a writ petition challenging …

Order XLI Rule 3-A CPC | Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently: J&K&L High Court
2 years, 6 months ago

Order XLI Rule 3-A CPC | Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court while answering a question as to what are the consequences if an appeal is not accompanied by an application as mentioned in Subrule of Rule 3A in Order 41 of CPC observed, "The Deficiency of not accompanying application for condonation of delay is curable defect and if required such an application can …

Order I Rule 10 CPC - Nobody Can Be Permitted To Be Impleaded As Defendants Against The Wish Of The Plaintiffs Unless Court Suo Motu Directs: Supreme Court
2 years, 6 months ago

Order I Rule 10 CPC - Nobody Can Be Permitted To Be Impleaded As Defendants Against The Wish Of The Plaintiffs Unless Court Suo Motu Directs: Supreme Court

Live Law  

The Supreme Court reiterated that the plaintiffs are the dominus litis and unless the court suo motu directs, nobody can be permitted to be impleaded as defendants against the wish of the plaintiffs.The bench comprising Justices MR Shah and Krishna Murari observed that non-impleading the subsequent purchasers as defendants on the objection raised by the plaintiffs shall be at the …

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. …

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court
2 years, 8 months ago

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court

Live Law  

The Delhi High Court has held that applications under Order XXII Rule 3 of CPC for substitution of legal heirs, or under Order XXII Rule 9 of the Code for setting aside abatement of proceedings must be considered liberally. The issues that arose for consideration in this case were– whether the consumer complaint case filed by the respondents had abated …

Order XII Rule 6 CPC - Power To Pass Judgment On Admissions Discretionary Cannot Be Claimed As A Matter Of Right: Supreme Court
2 years, 8 months ago

Order XII Rule 6 CPC - Power To Pass Judgment On Admissions Discretionary Cannot Be Claimed As A Matter Of Right: Supreme Court

Live Law  

The Supreme Court observed that the power to pass judgment on admissions under Order XII Rule 6 of Code of Civil Procedure is discretionary and cannot be claimed as a matter of right.The said power is discretionary which should be only exercised when specific, clear and categorical admission of facts and documents are on record, otherwise the Court can refuse …

Purchaser Of Suit Property Cannot File Application Under Order XXI Rule 97 CPC Objecting Execution Of Decree By Decree Holder: Supreme Court
2 years, 8 months ago

Purchaser Of Suit Property Cannot File Application Under Order XXI Rule 97 CPC Objecting Execution Of Decree By Decree Holder: Supreme Court

Live Law  

The Supreme Court observed that purchaser of the suit property from the decree holder is not entitled to file an application under Order XXI Rule 97 of Code of Civil Procedure Code, 1908 objecting execution of the decree by the decree holder.BackgroundIn this case, a Suit filed by late Shri N.D. Mishra was decreed by the Trial Court restraining the …

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]
2 years, 9 months ago

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]

Live Law  

Code of Civil Procedure, 1908 - Appeal against High Court judgment which upheld the procedure adopted by the Execution Court that did not invite objections under Order XXI Rule 34 from Judgment debtor to draft sale deed produced by Decree holder - Allowed - Clearly contravenes the salutary provisions of Order XXI Rule 34 - The objections of the appellant …

Application Under Section 11(6) Not Maintainable For Appointment Of Arbitrator In Absence Of A Written Agreement Between Parties: Supreme Court
2 years, 10 months ago

Application Under Section 11(6) Not Maintainable For Appointment Of Arbitrator In Absence Of A Written Agreement Between Parties: Supreme Court

Live Law  

The Supreme Court has ruled that there is a difference between the arbitrator appointed under Section 11 and under Section 11 of the Arbitration and Conciliation Act, 1996 and failing any written agreement between the parties on the procedure for appointing an arbitrator under Section 11, application for appointment of arbitrator shall be maintainable under Section 11 and not under …

Order XII Rule 6 CPC | Judgment On Admission Can Be Passed If Defence Set Up By Party Is So Weak That It Is Impossible To Succeed: Delhi HC
2 years, 11 months ago

Order XII Rule 6 CPC | Judgment On Admission Can Be Passed If Defence Set Up By Party Is So Weak That It Is Impossible To Succeed: Delhi HC

Live Law  

The Delhi High Court recently affirmed a judgment on admission, passed by the court below in exercise of its discretionary powers under Order XII Rule 6 of CPC, on the ground that the defence set up was such as to make it impossible for the party to succeed.In this regard, Justice V Kameswar Rao observed,"Order XII Rule 6 of the …

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court
2 years, 11 months ago

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently set aside the order of lower court allowing revision against rejection of application under Section 91 CrPC, reiterating that the impugned order was interlocutory in nature and therefore no revision lies against it. Justice Atul Shreedharan was dealing with an application under Section 482 CrPC, moved by the Applicant who was aggrieved by the …

Order XXI Rule 34 CPC Cannot Be Diluted; Execution Court Has Duty To Invite Objections From Judgment Debtor To Draft Document/Deed : Supreme Court
3 years ago

Order XXI Rule 34 CPC Cannot Be Diluted; Execution Court Has Duty To Invite Objections From Judgment Debtor To Draft Document/Deed : Supreme Court

Live Law  

The Supreme Court observed that the provisions of Order XXI Rule 34 of the Code of Civil Procedure cannot be diluted and it has to invite objections from the judgment debtor to the draft deed/document submitted by the decree holder. The court noted the scheme of Order XXI Rule 34 as follows: -If the judgment debtor neglects or refuses to …

Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court
3 years, 3 months ago

Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that a decree can be passed under Order XII Rule 6 of Code of Civil procedure at any stage of the suit where admissions of facts have been made either in the pleadings or otherwise. Mudagal quashed the order of the Trial Court, by which it had rejected the application made by petitioners under …

Order XXI Rule 16 CPC - Transferee Of Rights In Subject Matter Of Suit Can Apply For Execution Without Separate Assignment Of Decree : Supreme Court
3 years, 5 months ago

Order XXI Rule 16 CPC - Transferee Of Rights In Subject Matter Of Suit Can Apply For Execution Without Separate Assignment Of Decree : Supreme Court

Live Law  

The Supreme Court observed that the Explanation to Order XXI Rule 16 of the Code of Civil Procedure, removed the distinction between an assignment pre-the decree and an assignment post the decree.Thus, the court observed that there is no bar under Order XXI Rule 16 against assignee who acquired rights prior to decree from making an application to execute the …

CPC - Application To Amend Admissions Can Be Entertained Even After Judgment Is Reserved Under Order XII Rule 6 : Delhi High Court
3 years, 7 months ago

CPC - Application To Amend Admissions Can Be Entertained Even After Judgment Is Reserved Under Order XII Rule 6 : Delhi High Court

Live Law  

The Delhi High Court has observed that a Court is permitted to entertain an application to amend an admission made in pleadings even after reserving judgment on the basis of admission under Order XII Rule 6 of the CPC.A single judge bench of Justice Asha Menon was dealing with petitions challenging the order dated 4th August 2020 wherein the Trial …

Application Under Order IX Rule 13 CPC Can Be Allowed Only When Sufficient Cause Is Made Out To Set Aside Ex­ Parte Decree: Supreme Court
4 years ago

Application Under Order IX Rule 13 CPC Can Be Allowed Only When Sufficient Cause Is Made Out To Set Aside Ex­ Parte Decree: Supreme Court

Live Law  

Application under Order 9 Rule 13 of the Code of Civil Procedure cannot be automatically granted and can be allowed only when sufficient cause is made out to set aside the ex­ parte decree, the Supreme Court observed.In this case, the tenant had filed an application to set aside an ex-parte decree against him which was dismissed by the Trial …

'Status Quo' Orders Not To Be Passed When Prima Facie Case Is Not Made Out: SC [Read Order]
4 years, 8 months ago

'Status Quo' Orders Not To Be Passed When Prima Facie Case Is Not Made Out: SC [Read Order]

Live Law  

The Supreme Court recently set aside a Punjab and Haryana High Court order in a revision petition which directed parties in a civil suit to maintain 'status quo' despite the fact that no prima facie case was made out by the plaintiffs for grant of such relief. It did not make any findings of its own, but disposed of the …

[Order VII Rule 11 CPC] If Plaint Does Not Disclose Cause Of Action Or Suit Is Barred By Any Law, The Court Has No Option But To Reject The Plaint: SC [Read Judgment]
4 years, 8 months ago

[Order VII Rule 11 CPC] If Plaint Does Not Disclose Cause Of Action Or Suit Is Barred By Any Law, The Court Has No Option But To Reject The Plaint: SC [Read Judgment]

Live Law  

In a judgment delivered today, the Supreme Court has observed that the provision of Order VII Rule 11 Code of Civil Procedure regarding 'Rejection of Plaint' is mandatory in nature. In this case, the Trial Court, had allowed the application filed by defendants under Order VII Rule 11, CPC holding that the suit filed by the Plaintiff was barred by …

Order IX Rule 9 CPC-Decree Against Plaintiff By Default Bars Fresh Suit On Same Cause Of Action By Successor In Title: SC [Read Order]
5 years, 6 months ago

Order IX Rule 9 CPC-Decree Against Plaintiff By Default Bars Fresh Suit On Same Cause Of Action By Successor In Title: SC [Read Order]

Live Law  

The Supreme Court has observed that the decree against plaintiffs by default bars fresh suit on the same cause of action by their successor in title.The bench comprising Justice Arun Mishra and Justice MR Shah set aside a High Court order on the ground that in the previous suit filed by vendors of the plaintiff; a similar relief was prayed. …

Decree Passed On Plaintiff's Evidence Without Defendant's Appearance At Trial Is Ex-Parte Decree : SC [Read Judgment]
6 years, 2 months ago

Decree Passed On Plaintiff's Evidence Without Defendant's Appearance At Trial Is Ex-Parte Decree : SC [Read Judgment]

Live Law  

The Supreme Court has held that a decree passed after taking plaintiff's evidence, without the appearance of defendant at the trial stage, is an ex-parte decree, which could be set aside under Order IX Rule 13 of the Code of Civil Procedure.The bench of Justice A M Sapre and Dinesh Maheshwari passed the order in the case G.Ratna Raj by …

No Bar For Filing Application Under Order 1 Rule 10, Even When That Filed Under Order 22 Rule 4 Of CPC Is Dismissed As Not Maintainable: SC [Read Judgment]
7 years, 5 months ago

No Bar For Filing Application Under Order 1 Rule 10, Even When That Filed Under Order 22 Rule 4 Of CPC Is Dismissed As Not Maintainable: SC [Read Judgment]

Live Law  

Justice, according to the law, does not merely mean technical justice, but that law is to be administered to advance justice, the bench observed.The Supreme Court, in Pankajbhai Rameshbhai Zalavadia vs Jethabhai Kalabhai Zalavadiya through LRs & Ors, has held that there is no bar for filing the application under Order 1 Rule 10, even when the application under Order …

‘Procedure’ is meant only to facilitate the administration of justice and not to defeat the same: Supreme Court [Read the Judgment]
9 years, 7 months ago

‘Procedure’ is meant only to facilitate the administration of justice and not to defeat the same: Supreme Court [Read the Judgment]

Live Law  

In a Judgment on a Civil Appeal which it pronounced today, the Supreme Court reiterated that ‘Procedure is meant only to facilitate the administration of justice and not to defeat the same.’ On sufficient cause, delay in bringing the legal representatives of the deceased party on record should be condoned. In a Judgment on a Civil Appeal which it pronounced …

Order XII Rule 6 CPC :Judgment on admission is not a matter of right but a matter of discretion of the Court, holds the SC
9 years, 7 months ago

Order XII Rule 6 CPC :Judgment on admission is not a matter of right but a matter of discretion of the Court, holds the SC

Live Law  

The Supreme Court of India has held in a recent judgment that Judgment on admission is not a matter of right and rather is a matter of discretion of the Court and that mere admission of relationship of landlord and tenant cannot be said to be an unequivocal admission so as to decree the suit under Order XII Rule 6 …

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