C P C Archives - Page 27 of 52 - Supreme Court of India Judgements

June 23, 2025 9:38 pm

Injunction—Disobedience of Injunction—Allegation of willful disobedience being in the nature of criminal liability, the same has to be proved to the satisfaction of the court that the disobedience was not mere “disobedience” but a “willful disobedience”

Sep 12, 2019 sclaw

2019(3) Law Herald (SC) 1905 : 2019 LawHerald.Org 1229 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice A.S. Bopanna Civil Appeal No (S).…

C P C

Vakaltnama-No written vakalatnama in favour of counsel by one of he parties the represented in appeal—Not a fatal defect where other co-defendants had approved and certified the engagement of said counsel

Aug 23, 2019 sclaw

2019(3) Law Herald (SC) 1849 : 2019 LawHerald.Org 1227 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Fall Naritnan Hon’ble Mr. Justice Sanjiv Khanna Hon’ble Mr. Justice…

C P C

Execution of Decree—Doctrine of Merger—Once the Appellate Court renders its judgment, it is the decree of the Appellate Court which becomes executable—Hence, the entitlement of the decree holder to execute the decree of the Appellate Court cannot be defeated

Aug 23, 2019 sclaw

2019(3) Law Herald (SC) 1834 : 2019 LawHerald.Org 1225 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Hon’ble Mrs. Justice Indira Banerjee Civil Appeal…

C P C

Amendment of Pleadings—It is not permissible to allow withdrawal of stand taken earlier in the plaint and it is also not permissible to change nature of suit by an application under 0.6 R.17CPC

Aug 13, 2019 sclaw

2019(2) Law Herald (P&H) 942 (SC) : 2019 LawHerald.Org 706 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal…

C P C

Appeal—Dismissal in Default–Against an order of refusal readmitting the appeal which was dismissed in default appeal lies under 0.43 R.l(t) of CPC—Writ petition under Art.227 is not maintainable against such orders

Aug 13, 2019 sclaw

2019(2) Law Herald (P&H) 929 (SC) : 2019 LawHerald.Org 721 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal…

C P C

Civil Procedure Code, 1908 (CPC) – Sections 2(2), 11, 96, Order 41 Rule 22 and Order 41 Rule 33 – Res judicata-Decree is of dismissal of the suit, whereas, the reasons for passing such decree is judgment as defined in Section 2(9) of the Code. In terms of Section 11 read with Explanation I, the issue in a former suit will operate as res judicata only if such issue is raised in a subsequent suit. Since, the issue of title has not attained finality, therefore, it is not a former suit to which there can be any application of Section 11

Aug 12, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ANDHRA PRADESH AND OTHERS — Appellant Vs. B. RANGA REDDY (D) BY LRS AND OTHERS — Respondent ( Before : L. Nageswara…

C P C

Indigent Person—Dismissal of application made under 0.33 R. l CPC by the Trial Court in the earlier round of litigation is not a bar against the plaintiff to file an application/appeal as an indigent person under 0.44 R.l CPC before the Appellate Court.

Jul 21, 2019 sclaw

2019(1) Law Herald (P&H) 850 (SC) : 2019 LawHerald.Org 606 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal…

C P C

V IMP::: Condonation of Delay in filing appeal—Sufficient Cause– Time spent in the proceedings to set aside the exparte decree constitute “sufficient cause”so as to condone the delay in preferring an appeal against the exparte decree on merits

Jul 14, 2019 sclaw

2019(2) Law Herald (SC) 1724 : 2019 LawHerald.Org 1031 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Civil Appeal No.…

C P C

Commercial Courts—Written Statement—In a suit for recovery under Commercial Courts Act written statement has to be filed within 120 days of service of summons—Such a period cannot be extended even by recourse to inherent power under S. 151 CPC

Jun 29, 2019 sclaw

(2019) 2 ALT 48 : (2019) 2 CTC 294 : (2019) 2 KerLJ 343 : (2019) 2 KHC 97 : (2019) 2 RCR(Civil) 249 : (2019) 4 Scale 574:2019(2) Law…

C P C

Second Appeal—Disposal of the second appeal by the High Court by answering the question(s) which was/were not framed either at the time of admission of the second appeal or framed without ensuring compliance of the mandatory procedure is not legally sustainable

Jun 9, 2019 sclaw

2019(2) Law Herald (SC) 1341 : 2019 LawHerald.Org 928: (2019) 3 JT 310 : (2019) 5 Scale 30 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar…

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