Statutory Appeal Can Be Filed Even If Application To Set Aside Ex-Parte Decree [ Order IX Rule 13 CPC] Is Dismissed: SC [Read Judgment]
5 years, 10 months ago

Statutory Appeal Can Be Filed Even If Application To Set Aside Ex-Parte Decree [ Order IX Rule 13 CPC] Is Dismissed: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the right of appeal under Section 96 CPC is a statutory right and the defendant cannot be deprived of the statutory right of appeal merely on the ground that the application filed by him under Order IX Rule 13 CPC has been dismissed. In Bhivchandra Shankar More vs. Balu Gangaram More, the bench comprising Justice R. Banumathi and Justice R. Subhash Reddy considered these issues: Whether the time spent in the proceedings taken to set aside the ex-parte decree constitute "sufficient cause" within the meaning of Section 5 of the Indian Limitation Act, 1908 so as to condone the delay in preferring an appeal against the ex-parte decree on merits? Explaining the difference the bench said: "In an application filed under Order IX Rule 13 CPC, the Court has to see whether the summons were duly served or not or whether the defendant was prevented by any "sufficient cause" from appearing when the suit was called for hearing. If the court refuses to condone the delay in the time spent in pursuing the remedy under Order IX Rule 13 CPC, the defendant would be deprived of the statutory right of appeal in challenging the decree on merits."

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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 II Rule 2 CPC Bar Won't Apply When Reliefs In Second Suit Are Based On A Cause Of Action Different From First Suit : Supreme Court
2 months, 2 weeks ago

Order II Rule 2 CPC Bar Won't Apply When Reliefs In Second Suit Are Based On A Cause Of Action Different From First Suit : Supreme Court

Live Law  

The Supreme Court today ruled that a subsequent suit filed on a different cause of action would not be subject to the bar under Order II Rule 2 of the Code of Civil Procedure, 1908. Affirming the High Court's decision, the judgment authored by Justice Pardiwala observed that though filing a subsequent suit, after the institution of the first suit, …

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 …

Unconditional Withdrawal Of Arbitrator Appointment Application Bars Second Application On Same Cause Of Action: Supreme Court
4 months, 3 weeks ago

Unconditional Withdrawal Of Arbitrator Appointment Application Bars Second Application On Same Cause Of Action: Supreme Court

Live Law  

The Supreme Court observed that when a party seeking appointment of an arbitrator unconditionally withdraws its application, then the subsequent application for an appointment of an arbitrator on the same cause of action would be barred.The bench comprising Chief Justice DY Chandrachud and Justice JB Pardiwala ruled that Order 23 Rule 1 of Civil Procedure Code, 1908 would be. The …

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court
1 year ago

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits. A single judge bench of Justice G Basavaraja allowed the appeal filed by Dhanayya and his legal heirs questioning the judgment and decree dated 04.03.2017 passed by the Senior …

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court
1 year, 2 months ago

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court

Live Law  

A Special Leave Petition filed against an order passed by National Company Law Appellate Tribunal, Chennai was dismissed yesterday by a three-Judge Bench of the Supreme Court comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra. Pertinently, the Bench made an observation that a bar of limitation cannot be obviated or circumvented by taking recourse of proceedings …

Revision Petition Under S.115 CPC Not Maintainable Against Refusal To Set Aside Ex-Parte Decree Under Order IX Rule 13 : Supreme Court
1 year, 3 months ago

Revision Petition Under S.115 CPC Not Maintainable Against Refusal To Set Aside Ex-Parte Decree Under Order IX Rule 13 : Supreme Court

Live Law  

The Supreme Court recently held that a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 is not maintainable against the dismissal of an application field under Order IX Rule 13 of the CPC to set aside an ex-parte decree “When there is an express provision available under the CPC or any statute under which an …

Order 41 Rule 17 CPC - Appeal Can't Be Dismissed On Merits If Appellant Fails To Appear; To Be Dismissed For Non-Prosecution : Supreme Court
1 year, 3 months ago

Order 41 Rule 17 CPC - Appeal Can't Be Dismissed On Merits If Appellant Fails To Appear; To Be Dismissed For Non-Prosecution : Supreme Court

Live Law  

The Supreme Court stated that if the appellant does not appear when the appeal is called for a hearing, then the same can be dismissed for non-prosecution and not on merits. - Nothing in this sub-rule shall be construed as empowering the Court to dismiss the appeal on the merits.” The Bench of Justices BV Nagarathna and Justice Ujjal Bhuyan, …

Can't Dismiss Appeals Solely For Late Submission Of Documents, Procedural Errors Can't Nullify One's Right To Appeal: J&K High Court
1 year, 5 months ago

Can't Dismiss Appeals Solely For Late Submission Of Documents, Procedural Errors Can't Nullify One's Right To Appeal: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that the dismissal of the appeal by the appellate court solely due to the late submission of the certified copy of the order was not legally sustainable and amounted to a failure of justice. However, the appellate court dismissed the appeal holding that the certified copy of the impugned order …

Order XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme Court
2 years, 2 months ago

Order XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme Court

Live Law  

The Supreme Court observed that mere filing of the appeal would not operate as a stay under Order XLI Rule 5 of Code of Civil Procedure.In this case, the petitioner had approached the Patna High Court seeking a direction to the District Magistrate to grant ‘No Objection Certificate’ for starting MS/HSD retail outlet dealership over land. The Supreme Court observed …

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 …

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC
3 years, 2 months ago

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC

Live Law  

The Allahabad High Court recently ruled that when an appeal has to be dismissed by the appellate Court on account of the fact that the counsel for the appellant though physically present in the Court, refuses to argue the same for any reason, the dismissal can't be on merits in view of the Explanation to Order XLI Rule 17 CPC.It …

Criminal Appeal Cannot Be Dismissed As Infructuous Merely Because Appellant Served Out Sentence: Supreme Court
3 years, 4 months ago

Criminal Appeal Cannot Be Dismissed As Infructuous Merely Because Appellant Served Out Sentence: Supreme Court

Live Law  

The Supreme Court observed that an appeal against conviction cannot be treated as infructuous merely for the reason that the convicted appellant had served out the sentence awarded by the Trial Court.Merely for execution of the sentence, an appeal against conviction cannot be treated as infructuous, the bench comprising Justices Dinesh Maheshwari and Vikram Nath said.In this case, a. The …

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 …

Criminal Appeal Cannot Be Dismissed Merely For Non-Representation Or Default Of Accused' Advocate, Reiterates Supreme Court
3 years, 7 months ago

Criminal Appeal Cannot Be Dismissed Merely For Non-Representation Or Default Of Accused' Advocate, Reiterates Supreme Court

Live Law  

The Supreme Court observed that a court cannot dismiss the appeal filed by an accused merely because of non-representation or default of the advocate for the accused.if the accused does not appear through counsel appointed by him/her, the Court is obliged to proceed with the hearing of the case only after appointing an amicus curiae, the bench of Justices AM …

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 …

Article 136: Pure Question Of Law Can Be Raised For The First Time In SLP: Supreme Court
3 years, 7 months ago

Article 136: Pure Question Of Law Can Be Raised For The First Time In SLP: Supreme Court

Live Law  

The Supreme Court observed that it can entertain new grounds raised for the first time in an appeal under Article 136 of the Constitution if it involves a question of law which does not require adducing additional evidence. The principle in Order XLI Rule 22 of the Code of Civil Procedure furthers the cause of justice by providing the party …

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 …

[Section 96 CPC] Strangers Cannot File Appeal Unless They Satisfy The Court That They Are 'Aggrieved Persons': SC [Read Judgment]
4 years, 7 months ago

[Section 96 CPC] Strangers Cannot File Appeal Unless They Satisfy The Court That They Are 'Aggrieved Persons': SC [Read Judgment]

Live Law  

The Supreme Court has observed that strangers cannot be permitted to file an appeal under Section 96 of the Code of Civil Procedure unless he satisfies the Court that he falls within the category of 'aggrieved persons'. They have to demonstrate that they are prejudicially or adversely affected by the decree in question or any of their legal rights stands …

Second Appeal Cannot Be Dismissed On Merits When Appellant Is Unrepresented On The Day Fixed For Hearing: SC [Read Judgment]
5 years, 3 months ago

Second Appeal Cannot Be Dismissed On Merits When Appellant Is Unrepresented On The Day Fixed For Hearing: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a High Court cannot dismiss a second appeal on merits where the appellant is unrepresented on the date fixed for hearing. If the appellant does not appear, the Court may if it deems fit dismiss the appeal for default of appearance but it does not have the power to dismiss the appeal on merits, …

Section 144 CPC [Restitution] Not Attracted When There Is No Variation Or Reversal Of A Decree Or Order, Reiterates SC [Read Judgment]
5 years, 4 months ago

Section 144 CPC [Restitution] Not Attracted When There Is No Variation Or Reversal Of A Decree Or Order, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has observed that the provisions of Section 144 of the Code of Civil Procedure will not be attracted when there is no variation or reversal of a decree or order. Thereafter, a petition under Section 151 read with Section 144 CPC was filed before the High Court to restore possession of the subject property. The possession was …

S. 96(3) CPC- Bar On Appeal Against Compromise Decree Not Applicable Where Court Declines To Record Some Part Of Compromise: Allahabad HC
5 years, 6 months ago

S. 96(3) CPC- Bar On Appeal Against Compromise Decree Not Applicable Where Court Declines To Record Some Part Of Compromise: Allahabad HC

Live Law  

Dismissing a petition filed under Article 227 of the Constitution on account of availability of an alternate remedy, the Allahabad High Court has held that the bar against appeal from a compromise decree shall not apply in cases where the court records some part of the compromise while declines to record the remaining part. In this view, the court passed …

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. …

Order IX Rule 13 CPC: Can A Person Who Is Not Party To Suit File Application To Set Aside Ex-Parte Decree? SC To Examine [Read Order]
5 years, 8 months ago

Order IX Rule 13 CPC: Can A Person Who Is Not Party To Suit File Application To Set Aside Ex-Parte Decree? SC To Examine [Read Order]

Live Law  

The Supreme Court has issued notice in Special Leave Petition in which the issue raised is whether a person who is not a party to the suit cannot move an application to set aside ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908. Order IX Rule 13 provides that, in any case in which a …

Section 115 CPC: Revision Petition Not Maintainable Against Interlocutory Orders, Reiterates SC [Read Judgment]
6 years, 1 month ago

Section 115 CPC: Revision Petition Not Maintainable Against Interlocutory Orders, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that revision petitions filed under Section 115 of the Code of Civil Procedure are not maintainable against interlocutory orders. The interlocutory application filed under Order 39 Rule 1 CPC was dismissed by Trial Court holding that the relief asked for could not be granted as it would amount to decreeing the Suit itself. In the …

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 …

Interim order cannot be passed in a Second Appeal by deferring admission without formulating substantial question of law; SC [Read Judgment]
9 years ago

Interim order cannot be passed in a Second Appeal by deferring admission without formulating substantial question of law; SC [Read Judgment]

Live Law  

Supreme Court in Raghavendra Swamy Mutt vs. Uttaradi Mutt has held that, solely because the Court has the jurisdiction to pass an ex parte interim order, it does not empower it not to formulate the substantial question of law for the purpose of admission, defer the date of admission and pass an order of stay or grant an interim relief.Apex …

Interim order cannot be passed in a Second Appeal by deferring admission without formulating substantial question of law; SC [Read Judgment]
9 years ago

Interim order cannot be passed in a Second Appeal by deferring admission without formulating substantial question of law; SC [Read Judgment]

Live Law  

Supreme Court in Raghavendra Swamy Mutt vs. Uttaradi Mutt has held that, solely because the Court has the jurisdiction to pass an ex parte interim order, it does not empower it not to formulate the substantial question of law for the purpose of admission, defer the date of admission and pass an order of stay or grant an interim relief.Apex …

‘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 …

Supreme Court affirms Non Application of CPC & CrPC to tribal areas [Read the Judgment]
10 years, 1 month ago

Supreme Court affirms Non Application of CPC & CrPC to tribal areas [Read the Judgment]

Live Law  

In an important judgment delivered on 28th January, a two judge bench of Supreme Court comprising of Justices Chelameshwar and R.F Nariman has made it abundantly clear that the provisions of Civil Procedure Code, 1908 are not applicable to the jurisdiction covered by the United Khasi-Jaintia Hills Autonomous District Rules, 1953 are not applicable to the jurisdiction covered by the …

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