CPC 1908 Archives

Supreme Court: Once Trial commences on all issues, one issue cannot subsequently be tried as preliminary under Order 14 Rule 2(2) CPC

Supreme Court explains the scope of Order 14 Rule 2(2) CPC and holds that once the trial of issues generally has commenced, an issue cannot subsequently be severed and tried as a preliminary issue.

Preliminary and final decree in partition suit

Case Briefs Supreme Court

Got a Decree in 2012, Still No Possession? Supreme Court Calls It a ‘Comedy of Errors’ and Restores 14-Year-Old Execution in Partition Suit

The Supreme Court held that a partition decree determining shares, possession, mesne profits and mode of sale can be executable without a separate final decree, setting aside M.P. High Court orders that stalled execution proceedings.

property usage essential to determine commercial dispute

Case Briefs High Courts

Property’s ‘actual use’ is sine qua non to determine ‘commercial’ dispute: Rajasthan HC dismisses appeal against return of plaint over lack of jurisdiction

“The appellants have admitted in the plaint that they have been using the suit premises for the purposes of their trade and commerce for the last more than 10 years. When the parties entered into the said agreement to sell in respect of the suit premises, appellants were in possession of the shops as tenants and were using the same even then for their trade and commerce.”

Case Briefs High Courts

High time to shift paradigm that civil suits can run for decades: Delhi High Court upholds dismissal of civil suit

“It shows blatant and deliberate design on the part of petitioner to continue to protract the trial court proceedings, which is with the obvious aim to frustrate the respondent into giving up the lis.”