C P C Archives - Page 43 of 57 - Supreme Court of India Judgements

October 5, 2026 11:18 am

V IMP — Exparte Decree—Setting aside of—Defendant can take recourse to both the proceedings, filing of an appeal and filing of application for setting aside exparte decree simultaneously.

Apr 30, 2018 sclaw

(2018) AIR(SCW) 753 : (2018) 2 AIRBomR 764 : (2018) AIR(SC) 753 : (2018) 1 ARC 501 : (2018) 2 BCR 253 : (2018) 1 CTC 662 : (2018) 2…

C P C

Exparte Decree—Setting aside of—Remand of Case-After setting aside of ex-parte order Trial Court was required to issue fresh notice of the suit despite their non-appearance in first round of trial in suit and in O.9 R. 13 proceedings (as per local amendment in State of Kerala)—No such fresh notice was issued—High Court rightly remanded the case to trial court for fresh trial.

Apr 30, 2018 sclaw

(2018) AIR(SCW) 718 : (2018) AIR(SC) 718 : (2018) 2 ALT 44 : (2018) 1 CTC 685 : (2018) 1 JT 484 : (2018) 1 LAR 189 : (2018) 1 LawHerald(SC) 233 : (2018)…

C P C

Amendment of Plaint—Liberal Approach—Courts should be liberal in allowing amendment where the suit is still at initial stage

Apr 23, 2018 sclaw

(2018) 1 JT 500 : (2018) 1 LawHerald(SC) 189 : (2018) 1 PLR 453 : (2018) 1 Scale 479 SUPREME COURT OF INDIA DIVISION BENCH N.C. BANSAL — Appellant Vs. UTTAR PRADESH FINANCIAL CORPORATION…

C P C

Civil Procedure Code, 1908, O.32 R.I–Suit by Minor-Next friend-Where the suit is filed on behalf of the minor, no permission or leave of the court is necessary for the next friend to institute the suit, whereas if the suit is filed against a minor, it is obligatory for the plaintiff to get the appropriate guardian ad litem appointed by the court for such minor

Apr 20, 2018 sclaw

(2018) AIR(SCW) 459 : (2018) AIR(SC) 459 : (2018) 1 LawHerald(SC) 177 : (2018) 1 Scale 210 SUPREME COURT OF INDIA DIVISION BENCH NAGAIAH — Appellant Vs. CHOWDAMMA (DEAD) BY LRS. — Respondent (…

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Decree for Partition—Appellant having not challenged the preliminary decree, may challenge the final decree.

Apr 20, 2018 sclaw

(2018) 1 JT 186 : (2018) 1 LawHerald(SC) 171 SUPREME COURT OF INDIA DIVISION BENCH ESABELLA — Appellant Vs. C. THANKARAJAN — Respondent ( Before : Kurian Joseph and Amitava Roy, JJ. )…

C P C

Written statement – CPC Or 8 r 1 and Section 35 — High court remanded case to trial court with subject to payment of costs — Order upheld

Apr 14, 2018 sclaw

(2017) 178 AIC 216 : (2017) 124 ALR 906 : (2017) 3 ARC 348 : (2017) 3 HLT 289 : (2018) 1 ICC 240 : (2017) 4 JCR 313 :…

C P C

Necessary Party—After dismissal of an application for substitution of Legal Representatives under 0,22, R,4 CPC being non-maintainable subsequent passing application under O,1R,10 CPC not be dismissed by applying the principle res judicata

Apr 2, 2018 sclaw

(2017) AllSCR 2259 : (2017) 180 AIC 177 : (2017) 6 ALT 37 : (2017) 3 ApexCourtJudgments(SC) 679 : (2017) 6 BCR 611 : (2017) 4 BLJud 181 :…

C P C

Merely because application was filed u/ s 151 CPC seeking police protection for execution of decree of injunction whereas specific provision for this i.e O.21 R.32 CPC has not been invoked, cannot be a ground to reject the application as non maintainable

Apr 2, 2018 sclaw

(2017) 180 AIC 271 : (2018) 126 ALR 22 : (2017) 3 ARC 7 : (2017) 4 ICC 682 : (2017) 2 LAR 363 : (2017) 3 LawHerald(SC) 2454 : (2017) 4 RCR(Civil)…

C P C

Civil Procedure Code, 1908, O.41 R.31— Appeal from original decree-Speaking Order—Held; Judgment of the appellate court has to state the reasons for the decision—It is necessary to make it clear that the approach of the first appellate court while affirming the judgment of the trial Court and reversing the same is founded on different parameters

Mar 18, 2018 sclaw

(2017) 177 AIC 26 : (2017) AIR(SCW) 3591 : (2017) AIR(SC) 3591 : (2017) AllSCR 1828 : (2017) 124 ALR 585 : (2017) 3 ARC 8 : (2017) 3 CGLJ…

C P C

Second Appeal—High Court without admitting second appeal cannot entertain application seeking interim relief.

Mar 11, 2018 sclaw

(2016) 161 AIC 43 : (2016) 161 AIC 265 : (2016) AIR(SCW) 1589 : (2017) 1 AIRJharR 691 : (2016) 2 AirKarR 653 : (2016) AIR(SC) 1589 : (2016) AllSCR…

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Bhartiya Nagrik Suraksha Sanhita

V IMP — Exparte Decree—Setting aside of—Defendant can take recourse to both the proceedings, filing of an appeal and filing of application for setting aside exparte decree simultaneously.

Amendment of Plaint—Liberal Approach—Courts should be liberal in allowing amendment where the suit is still at initial stage

Decree for Partition—Appellant having not challenged the preliminary decree, may challenge the final decree.

Written statement – CPC Or 8 r 1 and Section 35 — High court remanded case to trial court with subject to payment of costs — Order upheld

Necessary Party—After dismissal of an application for substitution of Legal Representatives under 0,22, R,4 CPC being non-maintainable subsequent passing application under O,1R,10 CPC not be dismissed by applying the principle res judicata

Merely because application was filed u/ s 151 CPC seeking police protection for execution of decree of injunction whereas specific provision for this i.e O.21 R.32 CPC has not been invoked, cannot be a ground to reject the application as non maintainable

Second Appeal—High Court without admitting second appeal cannot entertain application seeking interim relief.

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Category: C P C

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