CPC | First And Second Appeal Arising Out Of Two Suits With Same Parties & Common Property In Dispute Can't Be Clubbed: Supreme Court
1 year, 11 months ago

CPC | First And Second Appeal Arising Out Of Two Suits With Same Parties & Common Property In Dispute Can't Be Clubbed: Supreme Court

Live Law  

The Supreme Court has made it clear that a first appeal and a second appeal arising out of two proceedings cannot be clubbed and disposed of by a common judgment even though the parties are essentially the same and the property in dispute is common. It observed that considerations to be made in case of a first appeal under Section 96 of the Civil Procedure Code, 1908 and that of a second appeal under Section 100 CPC are entirely different. A Bench comprising Justice AS Bopanna and Justice Hima Kohli remanded the first appeal and the second appeal arising out of two suits back to the Madras High Court which had disposed of both by a common judgment. "At the outset, we note, that the judgment dated 30.07.2012 passed by the Madurai Bench of Madras High Court is a common judgment whereunder, the Second Appeal arising under Section 100 of the Civil Procedure Code, 1908 in S.A. No.994/1999 and the Regular First Appeal arising under Section 96 of the Civil Procedure Code, 1908 in A.S. No.26 of 2004 which warrant different scope of consideration, have been considered and disposed by the common judgment dated 30.07.2012," the order stated.

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History of this topic

Order II Rule 2 CPC Doesn't Mean Different Causes Of Action From Same Transaction Must Be Included In Single Suit : Supreme Court
2 months, 1 week ago

Order II Rule 2 CPC Doesn't Mean Different Causes Of Action From Same Transaction Must Be Included In Single Suit : Supreme Court

Live Law  

The Supreme Court noted that while Order II Rule 2 of the CPC mandates including the entire claim arising from the same cause of action in one suit, it should not be misconstrued to require combining all different causes of action stemming from the same transaction into a single suit. “The mandate of Order II Rule 2 is the inclusion …

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, 1 week 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, …

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court
3 months, 3 weeks ago

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has emphasised that conditions under Section 100 of the Code of Civil Procedure must be strictly fulfilled before a second appeal can be maintained. Pointing out the bare text used in Section 100 CPC Justice Wani remarked, “Thus, what emanates from above position and principles of law is that the existence of …

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 …

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 …

Order 2 Rule 2 CPC | No Bar On Subsequent Suit If Cause Of Action In Both Suits Not Same: J&K High Court
1 year, 5 months ago

Order 2 Rule 2 CPC | No Bar On Subsequent Suit If Cause Of Action In Both Suits Not Same: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently observed that a subsequent suit is barred only if the first suit and the second suit are based on the same cause of action under Order 2 Rule 2 of the CPC. "The bar to the maintainability the subsequent suit under Order 2 Rule CPC will be attracted only when …

Substantial Questions Of Law Not Required To Be Formulated In Second Appeals Arising Out Of States Of Punjab & Haryana : Supreme Court
1 year, 8 months ago

Substantial Questions Of Law Not Required To Be Formulated In Second Appeals Arising Out Of States Of Punjab & Haryana : Supreme Court

Live Law  

The Supreme Court observed, that in second appeals arising out of the state of Punjab or the State of Haryana, courts are not required to frame substantial questions of law as per section 100 of the Code of Civil Procedure.The bench of Justices Abhay S. Oka and Sanjay Karol observed that the restraint in interfering with questions of fact under …

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 …

Section 96-100 CPC - A Person Affected By A Judgment/Decree But Not A Party To Suit, Can Prefer Appeal With The Leave Of The Court: Supreme Court
2 years, 7 months ago

Section 96-100 CPC - A Person Affected By A Judgment/Decree But Not A Party To Suit, Can Prefer Appeal With The Leave Of The Court: Supreme Court

Live Law  

The Supreme Court observed that a person who is affected by a judgment but is not a party to the suit, can prefer an appeal with the leave of the Court.The sine qua non for filing an appeal by a third party is that he must have been affected by reason of the judgment and decree which is sought to …

Order XXII Rule 4 CPC - Appeal As A Whole Does Not Abate Merely Because LRs Of Some Deceased Respondents Were Not Brought On Record: Supreme Court
2 years, 8 months ago

Order XXII Rule 4 CPC - Appeal As A Whole Does Not Abate Merely Because LRs Of Some Deceased Respondents Were Not Brought On Record: Supreme Court

Live Law  

The Supreme Court observed that an appeal as a whole cannot be treated as abated merely for failure to substitute the legal representative of some of the respondents who died during pendency of the appeal.While considering whether the suit/appeal has abated due to non ­bringing the legal representatives of plaintiffs/defendants or not, the Court has to examine if the right. …

S. 21 CPC | Subsequent Suit Seeking Further Reliefs Has To Be Stayed If There Is 'Identity Of Matter' In Previous Litigation: Delhi High Court
3 years, 1 month ago

S. 21 CPC | Subsequent Suit Seeking Further Reliefs Has To Be Stayed If There Is 'Identity Of Matter' In Previous Litigation: Delhi High Court

Live Law  

The Delhi High Court recently delved into an issue relating to staying of subsequent suit under Section 10 of the Civil Procedure Code, 1908 where there is identity of matter with previous litigation.Section 10 CPC stipulates that no Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue …

Second Appeal- High Courts Can Exercise Limited Factual Review Under Section 103 CPC: Supreme Court
3 years, 6 months ago

Second Appeal- High Courts Can Exercise Limited Factual Review Under Section 103 CPC: Supreme Court

Live Law  

The Supreme Court observed that High Courts are empowered to exercise limited factual review under Section 103 of the Code of Civil Procedure.The bench of Justices L. Nageswara Rao and S. Ravindra Bhat observed that the rule that sans a substantial question of law, the High Courts cannot interfere with findings of the lower Court or concurrent findings of fact, …

'Not Necessary To Hear Respondents While Admitting Second Appeal Under CPC': Bombay High Court
3 years, 7 months ago

'Not Necessary To Hear Respondents While Admitting Second Appeal Under CPC': Bombay High Court

Live Law  

The Aurangabad Bench of the Bombay High Court has held that it is not necessary to hear the respondents at the time of admission of the second appeal filed under Section 100 of the Civil Procedure Code.Justice Vibha Kankanwadi observed that first, the Court has to see if the appeal raises substantial questions of law. The Aurangabad Bench of the …

[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 …

Section 92 CPC Procedure Not Applicable In Suit By A Trust: SC [Read Judgment]
5 years, 1 month ago

Section 92 CPC Procedure Not Applicable In Suit By A Trust: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the procedure prescribed under Section 92 of the Code of Civil Procedure would not be applicable in a suit by a Trust. In this case, the Trust known as Ghat Talab Kaulan Wala filed the suit through one Charan Dass. The High Court had held that the suit is not maintainable without complying with …

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 …

Second Appeal- Additional ‘Substantial Questions Of Law’ Can Only Be Framed At The Time Of Hearing, Not In Judgment Itself: SC [Read Judgment]
6 years, 10 months ago

Second Appeal- Additional ‘Substantial Questions Of Law’ Can Only Be Framed At The Time Of Hearing, Not In Judgment Itself: SC [Read Judgment]

Live Law  

First "such questions should arise in the appeal", second, "assign the reasons for framing the additional questions" and third, "frame the questions at the time of hearing the appeal", the bench said.The Supreme Court, in Vijay Arjun Bhagat vs. Nana Laxman Tapkire, while setting aside a high court judgment, observed that the high court can frame additional substantial questions of …

Plea Under Order 2 Rule 2 CPC Sustainable Only If Plaint In Earlier Suit Is Proved: SC [Read Judgment]
8 years ago

Plea Under Order 2 Rule 2 CPC Sustainable Only If Plaint In Earlier Suit Is Proved: SC [Read Judgment]

Live Law  

Filing of the plaint of earlier suit and proving it as per law is imperative to sustain the plea of Order 2 Rule 2 CPC, the bench said.Restating the law laid down in Gurbux Singh vs. Bhooralal, the Supreme Court, in Jayantilal Chimanlal Patel vs. Vadilal Purushottamdas Patel, has said it is mandatory that to sustain a plea under Order …

High Court cannot reverse a Judgment without formulating a substantial 'Question of Law' in a Second Appeal; SC [Read Judgment]
9 years, 4 months ago

High Court cannot reverse a Judgment without formulating a substantial 'Question of Law' in a Second Appeal; SC [Read Judgment]

Live Law  

A two Judge Bench of Supreme Court held that in no circumstances the High Court can reverse the judgment of the trial court and the first appellate court without formulating the substantial question of law and complying with the mandatory requirements of Section 100 CPC.The Bench was examining the question ‘whether the High Court was justified in passing the. A …

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