SUPREME 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. …
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 …
The Supreme Court observed that the time period for filing written statement is not mandatory if the suit was instituted in a civil court and transferred to a Commercial Court after the expiry of 120 days.The plaintiffs filed a suit for recovery of damages on the file of the Civil Court Senior Division Jalgaon in December, 2017. The High Court …
The Delhi High Court has held that the Court has the authority to give necessary directions under Order 18 Rule 1 CPC on the procedural aspect as regards which party will lead evidence first. Justice Mini Pushkarna said, "The unequivocal position that emerges is that if the defendants set up a case, which if decided, would decide the issues raised …
The Supreme court has observed that the powers of review under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure cannot be exercised as an inherent power or an appellate power.In this case, the High Court had allowed an application seeking review of its judgment which had contained some observations regarding possession of disputed property. …
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