C P C Archives - Page 22 of 54 - Supreme Court of India Judgements

March 5, 2026 6:42 am

(CPC) – Order 23 Rule 3A – Bar to suit – A party to a consent decree based on a compromise to challenge the compromise decree on the ground that the decree was not lawful, i.e., it was void or voidable has to approach the same court, which recorded the compromise and a separate suit challenging the consent decree has been held to be not maintainable.

Jul 4, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH R. JANAKIAMMAL AND S.R. SOMASUNDARAM AND ANOTHER — Appellant Vs. S.K. KUMARASAMY(DECEASED) THROUGH LEGAL REPRESENTATIVES AND OTHERS — Respondent ( Before : Ashok Bhushan…

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CPC- In a money suit, the Court must invariably resort to Order XXI Rule 11, ensuring immediate execution of decree for payment of money on oral application. In a suit for payment of money, before settlement of issues, the defendant may be required to disclose his assets on oath, to the extent that he is being made liable in a suit. The Court may further, at any stage, in appropriate cases during the pendency of suit, using powers under Section 151 CPC, demand security to ensure satisfaction of any decree

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH RAHUL S SHAH — Appellant Vs. JINENDRA KUMAR GANDHI AND OTHERS — Respondent ( Before : S.A. Bobde, C.J.I., L. Nageswara Rao and S.…

C P C

Landlord and Tenant Relationship – Suit for possession – There is no evidence of taking premises on rent and it is admitted by defendant that he had not maintained any record of accounts of payment of rent, there is no base for holding that relationship of landlord and tenant is proved –

Mar 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MADAN MOHAN SINGH — Appellant Vs. VED PRAKASH ARYA — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ. ) Civil Appeal…

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CPC – Compliance of proviso to Section 17 is a Precondition for maintainability of application under Order 9 Rule 13 – Application under Order 9 Rule 13 can be allowed only when sufficient cause is made out to set aside the ex parte decree

Mar 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUBODH KUMAR — Appellant Vs. SHAMIM AHMED — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ. ) Civil Appeal Nos. 802-803…

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(CPC) – S 96 – Appeal for original decree – Appellants were not a party to the Consent Orders – It was not open for the Court to examine the legal effect of the Consent Orders to which the appellants were not a party.

Mar 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. CHITRALEKHA BUILDERS AND ANOTHER THROUGH ANIL G. SHAH POWER OF ATTORNEY AND HUSBAND OF THE PARTNER — Appellant Vs. G.I.C. EMPLOYEES SONAL VIHAR…

C P C

Order VII Rue 11 CPC : Court Has Inherent Power To See That Frivolous Or Vexatious Litigations Are Not Allowed To Consume Its Time

Feb 26, 2021 sclaw

“In any case, an application under Order VII Rule 11 of the CPC for rejection of the plaint requires a meaningful reading of the plaint as a whole. As…

C P C

Consent decree – Estoppel – It is well settled that consent decrees are intended to create estoppels by judgment against the parties, thereby putting an end to further litigation between the parties – A consent decree would not serve as an estoppel, where the compromise was vitiated by fraud, misrepresentation, or mistake

Feb 24, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMPACK ENTERPRISES INDIA PRIVATE LIMITED — Appellant Vs. BEANT SINGH — Respondent ( Before : Mohan M. Shantanagoudar and Vineet Saran, JJ. ) SLP…

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(CPC) – Section 89 – Tamil Nadu Court Fees and Suit Valuation Act, 1955 – Section 69A – Refund of Court fees – Settlement of disputes outside the Court – Parties who have agreed to settle their disputes without requiring judicial intervention under Section 89, CPC are even more deserving of this benefit.

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE HIGH COURT OF JUDICATURE AT MADRAS REP. BY ITS REGISTRAR GENERAL — Appellant Vs. M.C. SUBRAMANIAM AND OTHERS — Respondent ( Before :…

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(CPC) – Orders 21 Rule 92 and Orders 21 Rule 94 – Once the sale is confirmed and the sale certificate has been issued in favour of the purchaser, the same shall become final.Appeal against the decree passed with the consent of the parties shall be barred.No suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful.

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH H.S. GOUTHAM — Appellant Vs. RAMA MURTHY AND ANOTHER ETC — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.…

C P C

(CPC) – Order 20 – Timeline for pronouncement of judgment – Order 20 of the CPC does not apply to the High Court

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SJVNL — Appellant Vs. M/S CCC HIM JV AND ANOTHER — Respondent ( Before : Rohinton Fali Nariman and B.R. Gavai, JJ. ) Civil…

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Category: C P C

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