Category: C P C

Civil Procedure Code, 1908 (CPC) — Section 13 — Conclusiveness of foreign judgment — Enforceability in India — Summary judgment granted by foreign court without full trial despite existence of triable issues and crucial documentary evidence like Balance Sheets and Board Minutes, particularly when the respondent was denied leave to defend — Such procedure prevents a fair adjudication and is not rendered “on the merits” as required by Section 13(b) — Foreign judgment is therefore not enforceable in India.

2026 INSC 401 SUPREME COURT OF INDIA DIVISION BENCH MESSER GRIESHEIM GMBH (NOW CALLED AIR LIQUIDE DEUTSCHLAND GMBH) Vs. GOYAL MG GASES PRIVATE LIMITED ( Before : Pamidighantam Sri Narasimha…

Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11 — Rejection of Plaint — Cause of Action — Valuation and Court Fees — The Supreme Court reiterated that Order 7 Rule 11 allows rejection of a plaint if it does not disclose a cause of action, is undervalued, insufficiently stamped, or barred by law — It clarified that a plaint should not be rejected at the threshold if it contains averments that, taken at face value, set out a dispute requiring adjudication — The Court emphasized that assessing the sufficiency of evidence or the probability of success is impermissible at this stage and constitutes a premature mini-trial.

2026 INSC 402 SUPREME COURT OF INDIA DIVISION BENCH M/S. MARG LIMITED Vs. SUSHIL LALWANI AND OTHERS ( Before : Pamidighantam Sri Narasimha and Alok Aradhe, JJ. ) Civil Appeal…

Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11(d) and Order 2 Rule 2 — Rejection of Plaint — Bar by Law — Applicability of Order 2 Rule 2 of the Code of Civil Procedure does not by itself constitute a ground for rejection of plaint under Order 7 Rule 11(d) — Rejection of plaint under Order 7 Rule 11(d) is based on the suit being barred by law, where the bar is apparent from the plaint itself — A plea under Order 2 Rule 2 requires evidence to establish the bar, and therefore cannot typically be a basis for rejecting a plaint at the initial stage.

2026 INSC 372 SUPREME COURT OF INDIA DIVISION BENCH S. VALLIAMMAI AND OTHERS Vs. S. RAMANATHAN AND ANOTHER ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. ) Civil Appeal…

Civil Procedure Code, 1908 (CPC) — Subsequent events in litigation — Consideration by courts — Principle for considering subsequent events requires them to be brought promptly, consistently with procedure, with opportunity to oppose, and must have material bearing on relief — Landlord-tenant disputes require pragmatic approach, assessing bonafide need as of the date of filing suit, unless subsequent events materially change the ground of relief and overshadow the need altogether.

2026 INSC 376 SUPREME COURT OF INDIA DIVISION BENCH MARIA MARTINS Vs. NOEL ZUZARTE AND OTHERS ( Before : J.K.Maheshwari and Atul S. Chandurkar, JJ. ) Civil Appeal No. ….of…

Civil Procedure Code, 1908 (CPC) — Section 105(1) — Challenge to interlocutory orders — Rejection of an application under Order 2 Rule 2 CPC does not preclude the party from raising that issue again in an appeal against the final decree, as per Section 105(1) CPC, unless a separate appellate remedy is expressly provided.

2026 INSC 343 SUPREME COURT OF INDIA DIVISION BENCH CHANNAPPA (D) THR. LRS. Vs. PARVATEWWA (D) THR. LRS. ( Before : Dipankar Datta and Augustine George Masih, JJ. ) Civil…

Civil Procedure Code, 1908 (CPC) — Order 1 Rule 10 — Impleadment of parties — Principles for impleadment — A necessary party is essential for effective order, while a proper party aids complete adjudication — In writ proceedings, a person directly affected by an interim order can be joined even if not an original party.

2026 INSC 335 SUPREME COURT OF INDIA DIVISION BENCH M/S CHOPRA HOTELS PRIVATE LIMITED Vs. HARBINDER SINGH SEKHON AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. )…

Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — Setting aside an ex parte decree — A minor who was not properly represented in succession proceedings, despite being a legal heir and known to respondents, can file an application under Order 9 Rule 13 CPC after attaining majority to challenge the ex parte proceedings.

2026 INSC 306 SUPREME COURT OF INDIA DIVISION BENCH DEEPESH MAHESWARI AND ANOTHER Vs. RENU MAHESWARI AND ANOTHER ( Before : Sanjay Karol and Augustine George Masih, JJ. ) Civil…

Civil Procedure Code, 1908 (CPC) — Order 21 Rule 102 — Applicability — Provision contemplates a situation where a judgment debtor transfers property after institution of suit to a person who then obstructs execution — Not applicable where respondents derived title from independent registered sale deeds, not from the judgment debtor.

2026 INSC 292 SUPREME COURT OF INDIA DIVISION BENCH SHARADA SANGHI AND OTHERS Vs. ASHA AGARWAL AND OTHERS ( Before : Dipankar Datta and Augustine George Masih, JJ. ) Civil…

Civil Procedure Code, 1908 (CPC) — Order 41 Rule 27 — Additional evidence in appeal — Appellate court can allow additional evidence only in exceptional circumstances as laid down in the rule, such as where the court needs it to pronounce judgment or for any other substantial cause — Parties do not have a right to produce additional evidence and it cannot be introduced at their convenience — The provision is not meant to fill gaps in evidence or to pronounce judgment in a particular way — If the appellate court can pronounce a satisfactory judgment based on existing evidence, additional evidence is not required — The High Court rightly rejected the application for additional evidence as it was without merit and did not satisfy the conditions under Order 41 Rule 27 CPC

2026 INSC 211 SUPREME COURT OF INDIA DIVISION BENCH GOBIND SINGH AND OTHERS Vs. UNION OF INDIA AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Civil…

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