Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court
1 week, 5 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 the CPC and Order 21 Rule 97 address distinct proceedings— with the former concerning execution, discharge, or satisfaction of a decree and the latter dealing with resistance or obstruction to possession, including by third parties— an application under Section 47 filed by a judgment debtor or an aggrieved third party will be treated as one under Order 21 Rule 97 if it raises questions of right, title, or interest in the property. In the judgment authored by Justice Pardiwala, the Court observed that although the respondent had filed an application under Section 47 of the CPC—where the executing court is not required to adjudicate issues related to rights, interest, or title in the property—it would be treated as an application under Order 21 Rule 97 CPC, eliminating the need for a separate application under that provision. The Court reasoned that since the application under Section 47 CPC raises objections concerning rights in the property, which the executing court cannot determine after the decree has been passed, reclassifying it as an application under Order 21 Rule 97 CPC would empower the executing court to adjudicate such issues.

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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
5 days, 16 hours 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 …

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court
1 week, 5 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 …

'Any Person' Includes All Resisting Possession, Executing Courts Empowered To Adjudicate Obstruction Claims Under O.21 R.97 CPC: J&K High Court
2 weeks, 2 days ago

'Any Person' Includes All Resisting Possession, Executing Courts Empowered To Adjudicate Obstruction Claims Under O.21 R.97 CPC: J&K High Court

Live Law  

The High Court of Jammu and Kashmir and Ladakh has reaffirmed the broad jurisdiction of executing courts under Order 21 Rule 97 of the Code of Civil Procedure. It added, “Therefore, the executing court is empowered to examine and determine such claims within the execution proceedings, eliminating the need for institution of a separate litigation” These observations arose from an …

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, 1 week 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 | Plaint With Multiple Reliefs Cannot Be Rejected Just Because Some Reliefs Are Barred : Supreme Court
1 month, 3 weeks ago

Order VII Rule 11 CPC | Plaint With Multiple Reliefs Cannot Be Rejected Just Because Some Reliefs Are Barred : Supreme Court

Live Law  

The Supreme Court observed that when a Plaint includes multiple reliefs, it cannot be rejected solely because one of the reliefs is barred by law, as long as the other reliefs remain valid. “If the civil court is of the view that one relief is not barred by law but is of the view that Relief B is barred by …

Knowledge About Sale Deed Can't Be Presumed From Date Of Its Registration; Limitation Period Starts From Date Of Knowledge : Supreme Court
2 months, 1 week ago

Knowledge About Sale Deed Can't Be Presumed From Date Of Its Registration; Limitation Period Starts From Date Of Knowledge : Supreme Court

Live Law  

While dealing with dismissal of a suit, seeking cancellation of a sale deed, on the ground of limitation, the Supreme Court recently reiterated that the period of limitation in such cases begins from the date when knowledge of fraud is acquired, and not the date of registration. "While the High Court came to the correct conclusion that under Article 59 …

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court
2 months, 2 weeks 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
2 months, 2 weeks 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 …

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court
2 months, 3 weeks ago

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court

Live Law  

The Jharkhand High Court has under Order 23 Rule 2 of the Civil Procedure Code, the limitation period for a fresh suit instituted with court permission applies as if the original suit had never been filed. Order 23 CPC pertains to withdrawal and adjustment of suits wherein Rule 2 states that in any fresh suit instituted on permission granted under …

Order 23 Rule 3 CPC | Only Remedy Against Compromise Decree Is Recall Application Before Court Which Recorded Compromise : Supreme Court
Trending News
3 months, 1 week ago

Order 23 Rule 3 CPC | Only Remedy Against Compromise Decree Is Recall Application Before Court Which Recorded Compromise : Supreme Court

Live Law  

The Supreme Court ruled that if the compromise entered between the parties was not adhered to, there is no bar to filing a recall application seeking restoration of the proceedings under Order 23 Rule 3 of the Code of Civil Procedure, 1908. The bench comprising Justices PS Narasimha and Manoj Misra heard the appeal filed against the Rajasthan High Court's …

Order 23 Rule 3 CPC | Only Remedy Against Compromise Decree Is Recall Application Before Court Which Recorded Compromise : Supreme Court
Trending News
3 months, 1 week ago

Order 23 Rule 3 CPC | Only Remedy Against Compromise Decree Is Recall Application Before Court Which Recorded Compromise : Supreme Court

Live Law  

The Supreme Court ruled that if the compromise entered between the parties was not adhered to, there is no bar to filing a recall application seeking restoration of the proceedings under Order 23 Rule 3 of the Code of Civil Procedure, 1908. The bench comprising Justices PS Narasimha and Manoj Misra heard the appeal filed against the Rajasthan High Court's …

[O.21 R.95] Buyers Of Property From Auction Purchaser Can Make Application Before Executing Court To Obtain Possession: Karnataka HC
7 months, 2 weeks ago

[O.21 R.95] Buyers Of Property From Auction Purchaser Can Make Application Before Executing Court To Obtain Possession: Karnataka HC

Live Law  

The Karnataka High Court has held that purchasers of a property from the auction purchaser can make an application before the executing court for obtaining possession of the properties from the owners/occupants. Appellants argued that they being the purchasers from the auction purchaser can very much maintain an application under Order 21 Rule 95 CPC inasmuch as they stepped into …

Order 41 Rule 31 CPC | Omission To Separately Frame Issues Not Fatal If Appellate Court Has Otherwise Dealt With Them : Supreme Court
10 months, 1 week 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.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
11 months, 3 weeks 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 …

DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court
1 year, 1 month ago

DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court

Live Law  

The Allahabad High Court has held that rejection of application under Order VII Rule 11 of the Civil Procedure Code will not operate as res judicata on deciding issue of limitation raised at the time of final hearing. will not operate as res judicata.” The Court reiterated that for deciding an application under Order VII Rule 11 of CPC, the …

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)
1 year, 2 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 …

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 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 …

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, …

Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court
1 year, 4 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 …

When Does Limitation For Application Under Order XXI Rule 95 CPC Start? Supreme Court Refers To Larger Bench, Doubts '96 Precedent
1 year, 7 months ago

When Does Limitation For Application Under Order XXI Rule 95 CPC Start? Supreme Court Refers To Larger Bench, Doubts '96 Precedent

Live Law  

The Supreme Court recently referred a pertinent question of law for reconsideration by a larger bench. The Supreme Court bench comprising Justices Abhay S. Oka and Justice Rajesh Bindal was hearing an appeal against a Kerala High Court judgment which dismissed the revision application by holding that the starting point of limitation for making an application under Rule 95 of …

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 …

Order XXI Rule 90 CPC | Stranger To Suit Can Challenge Sale If Entitled To Share In Rateable Distribution Of Assets: Kerala High Court
1 year, 7 months ago

Order XXI Rule 90 CPC | Stranger To Suit Can Challenge Sale If Entitled To Share In Rateable Distribution Of Assets: Kerala High Court

Live Law  

The Kerala High Court on Wednesday clarified that a person, including a stranger to the suit apart from the judgment debtor or those claiming derivative title from the judgment debtor, is competent to challenge a sale of property under Order XXI Rule 90 of the CPC if their interests are affected by the sale.A Division Bench of Justice Anil K …

Order 41 Rule 22 CPC - Cross Objections Have All Trappings Of Regular Appeal ; Must Be Considered In Full : Supreme Court
1 year, 8 months ago

Order 41 Rule 22 CPC - Cross Objections Have All Trappings Of Regular Appeal ; Must Be Considered In Full : Supreme Court

Live Law  

The Supreme Court observed that the cross objections have all the trappings of a regular appeal and must be considered in full by the court adjudicating upon the same.In this case, the appellants contended that the issues raised by them in their cross objections have not been considered by the Delhi High Court. In cases where the opposing party files …

Objection Filed After Sale Of Attached Property Barred Under Order 21 Rule 58 CPC, Family Courts Should Be Careful: Kerala High Court
1 year, 9 months ago

Objection Filed After Sale Of Attached Property Barred Under Order 21 Rule 58 CPC, Family Courts Should Be Careful: Kerala High Court

Live Law  

The Kerala High Court recently held that an objection cannot be filed after the sale of attached property has been confirmed, as per the bar under proviso to Order 21 Rule 58. The Family Court allowed the claim petition filed by the 1st respondent and lifted the attachment finding that, there was nothing to prove title of the 2nd respondent …

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 …

Execution Court Should Attach The Debt Under Order XXI Rule 46 CPC Before Proceeding Against Garnishee Under Order XXI Rule 46A CPC : Supreme Court
2 years, 3 months ago

Execution Court Should Attach The Debt Under Order XXI Rule 46 CPC Before Proceeding Against Garnishee Under Order XXI Rule 46A CPC : Supreme Court

Live Law  

The Supreme Court observed that an Execution Court should attach the debt under Order XXI Rule 46 CPC before proceeding against garnishee under Order XXI Rule 46A of Code of Civil Procedure can be In this case, the Bhagyoday Cooperative Bank granted a financial facility to a firm Vimal Traders. In these proceedings, an application under Order XXI Rule 46A …

Sections Form Substratum Of CPC, Orders & Rules Lay Further Ground Work For Adjudication: J&K&L High Court
2 years, 5 months ago

Sections Form Substratum Of CPC, Orders & Rules Lay Further Ground Work For Adjudication: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently set aside a lower court's order which held that Section 94 of CPC is not a substantive provision of the Code.The Section titled "Supplemental proceedings" makes provision for issue a warrant, furnishing of security, etc. The Jammu and Kashmir and Ladakh High Court recently set aside a lower court's order which …

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, 6 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 …

Order XXI Rule 26 CPC | Court Not Bound To Decide Application For Stay Of Execution On First Day, Entitled To Seek Reply Of Decree Holder: Delhi HC
2 years, 9 months ago

Order XXI Rule 26 CPC | Court Not Bound To Decide Application For Stay Of Execution On First Day, Entitled To Seek Reply Of Decree Holder: Delhi HC

Live Law  

The Delhi High Court has observed that there is no mandate, in law or otherwise, requiring the executing court to decide the application under Order XXI Rule 26 of Code of Civil Procedure for stay of execution proceedings, on the very first day.Justice C Hari Shankar added that the Executing Court is entitled to call upon the Decree Holder to …

CPC | No Prohibition On Third Party To Proceed Under O. 21 R. 97, 99 & 101 Even After Rejection Of Impleadment Under O. 1 R. 10: Orissa High Court
2 years, 10 months ago

CPC | No Prohibition On Third Party To Proceed Under O. 21 R. 97, 99 & 101 Even After Rejection Of Impleadment Under O. 1 R. 10: Orissa High Court

Live Law  

The Orissa High Court has held that there is 'no prohibition' to bring an application under Order 21 Rules 97, 99 and 101 even after rejection of a similar application under Order 1 Rule 10, CPC. In view of these provisions, a Single Judge Bench of Justice Biswanath Rath observed, "So far as the ground assailing the impugned order that …

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, 10 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 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 10 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

Exemption From Attachment - To Get Benefit Of Section 64(2) CPC, Subsequent Purchaser Must Plead & Prove That He Is A Bona Fide Purchaser : Supreme Court
2 years, 11 months ago

Exemption From Attachment - To Get Benefit Of Section 64(2) CPC, Subsequent Purchaser Must Plead & Prove That He Is A Bona Fide Purchaser : Supreme Court

Live Law  

The Supreme Court recently observed that to get the benefit of Section 64 of the Code of Civil Procedure, 1908, the objector and/or subsequent purchaser has to plead and prove that he is the bona fide purchaser, who has entered into the transaction prior to the order of attachment. In the entire application, there is no whisper and/or averment and/or …

Plaint Liable To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff : Supreme Court
2 years, 11 months ago

Plaint Liable To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff : Supreme Court

Live Law  

The Supreme Court, on Friday, held that reliefs in a suit which seeks to frustrate the defendants from initiating a prosecution against plaintiff or seeking any other legal remedy are barred by law and can be a ground for allowing an application filed under Order VII Rule 11 of the CPC, seeking rejection of plaint. 1 argued that when the …

Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court
2 years, 11 months ago

Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court

Live Law  

The Delhi High Court has observed that the power under Order XXXVIII Rule 5 of Code of Civil Procedure cannot be exercised by High Court mechanically or merely for the asking of plaintiff to the suit. Justice Amit Bansal observed,"provisions of Order XXXVIII Rule 5 of the CPC have to be used sparingly and that the plaintiff has to satisfy …

Order VII Rule 11 CPC - Court Has To Read Plaint As A Whole; Can't Reject It Only Reading Few Lines : Supreme Court
3 years ago

Order VII Rule 11 CPC - Court Has To Read Plaint As A Whole; Can't Reject It Only Reading Few Lines : Supreme Court

Live Law  

While considering an application for rejection of plain under Order VII Rule 11 CPC, the Court has to go through the entire plaint averments and cannot reject the plaint by reading only few lines/passages and ignoring the other relevant parts of the plaint, the Supreme Court has held.A bench comprising Justices MR Shah and BV Nagarathna set aside the judgment …

Order 41 Rule 27 CPC - True Test Is Whether Appellate Court Can Pronounce Judgment Without Considering Additional Evidence Sought To Be Adduced: Supreme Court
3 years ago

Order 41 Rule 27 CPC - True Test Is Whether Appellate Court Can Pronounce Judgment Without Considering Additional Evidence Sought To Be Adduced: Supreme Court

Live Law  

In a judgment delivered on Thursday, the Supreme Court explained Order 41 Rule 27 of the Code of Civil Procedure which enables an appellate court to take additional evidence in exceptional circumstances.The court observed that an application seeking to adduce additional evidence can be allowed where the additional evidence sought to be adduced removes the cloud of doubt. "Admissibility of …

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 …

Filing Affidavits Of Personal Assets Not Permitted Under Order XXI Rule 37 CPC: Delhi High Court
3 years, 1 month ago

Filing Affidavits Of Personal Assets Not Permitted Under Order XXI Rule 37 CPC: Delhi High Court

Live Law  

The Delhi High Court has held that Order XXI Rule 37 of the Code of Civil Procedure does not provide for a judgment debtor or its directors to file their list of assets.Justice Amit Bansal thus set aside the order of the District Judge, Patiala House Courts directing the Directors of the Judgement-Debtor Company to file affidavits of personal assets. …

Rejection Of Plaint Under Order VII Rule 11 CPC Will Be Allowed Only If Any Of The Clauses Are Strictly Applicable To The Pleadings In Plaint: Andhra Pradesh High Court
3 years, 2 months ago

Rejection Of Plaint Under Order VII Rule 11 CPC Will Be Allowed Only If Any Of The Clauses Are Strictly Applicable To The Pleadings In Plaint: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court on Tuesday stated that the plaint cannot be rejected under an application filed by defendant in Order VII Rule 11, CPC if none of the clauses set out under Order VII Rule 11 are applicable to the pleadings strictly mentioned in the plaint. Order VII Rule 11, CPC Rejection of plaint.— The plaint shall be …

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