Supreme Court Annual Digest 2024- Code Of Civil Procedure (CPC)
Live LawSUPREME COURT ANNUAL DIGEST 2024 - CODE OF CIVIL PROCEDURE, 1908 Section 9 and Order 7 Rule 1 - Jurisdictional Fact and Maintainability of Suit - The issue of maintainability of a suit pertains to the jurisdiction of the trial court and strikes at the root of the proceedings under Order VII Rule 1, CPC. Shri Mukund Bhavan Trust v. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle, 2024 LiveLaw 1041 Order 7 Rule 11 and Order 20 Rule 12 - Inquiry for Mesne Profits – No Limitation for Completion of Inquiry under Order XX Rule 12 CPC - The Supreme Court dismissed a Special Leave Petition challenging the High Court's decision upholding the rejection of an application under Order VII Rule 11 of the Code of Civil Procedure, 1908. Asma Lateef v. Shabbir Ahmad, 2024 LiveLaw 39 : AIR 2024 SC 602 : 4 SCC 696 Order 9 Rule 9 - Representation of Peoples Act, 1951; Section 86 – Replication of pleading – Discretionary jurisdiction of High court to grant leave to file replication – Leave granted to the election petitioner to file a replication in answer to the new facts asserted in the written statement is challenged – Replication, though not a pleading as per Rule 1 of Order VI, is permissible with the leave of the Court under Order VIII Rule 9 of the CPC, which gives a right to file a reply in defence to set-off or counter-claim set up in the written statement. Sheikh Noorul Hassan v. Nahakpam Indrajit Singh, 2024 LiveLaw 362 : AIR 2024 SC 2360 : 9 SCC 353 Order 9 Rule 9 - Representation of peoples Act, 1951; Section 87 – Jurisdiction of High Court in an election petition – An election petition is to be tried, as nearly as may be, in accordance with the procedure applicable under the CPC to the trial of suits subject to the provisions of the 1951 Act and of any rules made thereunder. Ramakant Ambalal Choksi v. Harish Ambalal Choksi, 2024 LiveLaw 939 Order 43 - Appeal from orders - Scope of Interference - Appealability - Order 43 Rule 1 of the CPC permits appeals against orders made under Rules 1, 2, 2A, 4, and 10 of Order 39 CPC - Principles Governing Appellate Interference - Appellate courts should not substitute their discretion for that of the trial court unless the trial court's discretion is exercised arbitrarily, capriciously, perversely, or contrary to settled principles of law.