CPC Archives | Page 5 of 6

Grant of leave to defend is the ordinary rule and denial is an exception; Supreme Court lays down detailed guidelines for leave to defend in summary suits

Supreme Court: While clarifying the law on leave to defend, the Division Bench of Vineet Saran and Dinesh Maheshwari*, JJ., held that

Case Briefs Supreme Court

Is independent suit questioning a compromise decree maintainable or one has to approach the same Court which recorded the compromise to challenge it? SC answers

“If clever drafting of the plaint has created the illusion of a cause of action, the court will nip it in the bud at the earliest so that bogus litigation will end at the earlier stage.”

Case Briefs High Courts

Raj HC | Objection with regard to pecuniary jurisdiction shall be taken at the first instance at the earliest possible opportunity in accordance with S. 21 CPC

Rajasthan High Court: Anoop Kumar Dhand J. allowed the appeal and quashed the impugned order dated 17-08-2021 passed by the Court of

Case Briefs High Courts

HP HC | Power under Or. 18 R. 17 CPC cannot be invoked to fill up omission in the evidence already led by a witness

Himachal Pradesh High Court: Sandeep Sharma, J., allowed the petition and quashed the impugned order dated 17-07-2017. The facts of the case

Case Briefs Supreme Court

‘Half a century old litigation, we wish it is the knock out round!’ SC holds objections can’t be raised in instalments; Res judicata applicable on execution proceedings

“…the case on hand is fit to be included in the syllabus of a law school as a study material for students to get equipped with the various provisions of the Code relating to execution.”

Case Briefs High Courts

J&K and Ladakh HC | Appeal filed without annexing decree sheet passes admission stage due to lapse on the part of Court Registry; Will the appeal survive? HC decides

Jammu & Kashmir and Ladakh High Court: Ali Mohammad Magrey, J., held that once an appeal is duly entertained without the production

Case Briefs Supreme Court

Explained| Res judicata: Question of fact or law or mixed question of law and fact? Can it be decided as a preliminary issue?

Supreme Court: In an important ruling on Res Judicata, the 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and Hima Kohli, JJ

Case Briefs High Courts

Ker HC | A case of wanton negligence and callousness of petitioner; HC rejects application for amendment making inconsistent and alternative pleadings in written statement

Kerala High Court: V.G.Arun, J., held that no amendment can be allowed in written statement where it seeks to change former admissions.

Op Eds OP. ED.

Acts in Contravention of Orders of Injunction —The Consequences

by Karl K. Shroff*

Case Briefs High Courts

Gau HC | [NRC] Citizenship cannot be denied merely because linkage with relatives was not shown; HC sets aside order of Tribunal declaring man a foreigner

Gauhati High Court: The Division Bench of N. Kotiswar Singh and Manish Chaudhury, JJ., set aside the impugned order of the Foreign

Op Eds OP. ED.

Joinder and non-joinder of parties in civil proceedings in India in light of the doctrine of necessary and proper parties

by Riya Jariwala*

Case Briefs High Courts

Jhar HC | [Service Law] In a case past two decade, Court observes procedural irregularity at the behest of Disciplinary authority; issues direction for consequential benefits

Jharkhand High Court: Deepak Roshan, J., while allowing the present writ application, said, “This court is having no hesitation to hold that

Case Briefs High Courts

Ker HC | Proviso to Or. VI R. 17 of Code curtails absolute discretion of Court to allow amendment at any stage of suit, it has to be shown that in spite of due diligence, such amendment could not have been sought earlier; legal position reiterated

Kerala High Court: R. Narayana Pisharadi, J., while allowing the instant petition, set aside the order of trial Court, thereby allowing the

Case Briefs High Courts

Chh HC | Merely proving the signature of the attesting witness would not amount to the due compliance of S. 69 of the Evidence Act; S.90 of Evidence Act not to apply on wills

Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such

Case Briefs High Courts

Kar HC | Whether entering ‘appearance’ by Advocate but not contesting the case be considered as Ex-parte proceedings under Order 9 Rule 13 CPC? Court explains

Karnataka High Court: M. I. Arun J. dismissed the petition without interfering in the discretion exercised by the Appellate Court in the

Op Eds OP. ED.

Summary Judgment

by Achal Gupta*

Op Eds OP. ED.

Post Award Interim Reliefs under Section 9 of the Arbitration and Conciliation Act, 1996: A light at the end of the tunnel

by Alabh Anant Lal* & Soham Banerjee**

Case Briefs High Courts

SCC Times

CPC

Grant of leave to defend is the ordinary rule and denial is an exception; Supreme Court lays down detailed guidelines for leave to defend in summary suits

Is independent suit questioning a compromise decree maintainable or one has to approach the same Court which recorded the compromise to challenge it? SC answers

Raj HC | Objection with regard to pecuniary jurisdiction shall be taken at the first instance at the earliest possible opportunity in accordance with S. 21 CPC

HP HC | Power under Or. 18 R. 17 CPC cannot be invoked to fill up omission in the evidence already led by a witness

‘Half a century old litigation, we wish it is the knock out round!’ SC holds objections can’t be raised in instalments; Res judicata applicable on execution proceedings

J&K and Ladakh HC | Appeal filed without annexing decree sheet passes admission stage due to lapse on the part of Court Registry; Will the appeal survive? HC decides

Explained| Res judicata: Question of fact or law or mixed question of law and fact? Can it be decided as a preliminary issue?

Ker HC | A case of wanton negligence and callousness of petitioner; HC rejects application for amendment making inconsistent and alternative pleadings in written statement

Acts in Contravention of Orders of Injunction —The Consequences

Gau HC | [NRC] Citizenship cannot be denied merely because linkage with relatives was not shown; HC sets aside order of Tribunal declaring man a foreigner

Joinder and non-joinder of parties in civil proceedings in India in light of the doctrine of necessary and proper parties

Jhar HC | [Service Law] In a case past two decade, Court observes procedural irregularity at the behest of Disciplinary authority; issues direction for consequential benefits

Ker HC | Proviso to Or. VI R. 17 of Code curtails absolute discretion of Court to allow amendment at any stage of suit, it has to be shown that in spite of due diligence, such amendment could not have been sought earlier; legal position reiterated

Chh HC | Merely proving the signature of the attesting witness would not amount to the due compliance of S. 69 of the Evidence Act; S.90 of Evidence Act not to apply on wills

Kar HC | Whether entering ‘appearance’ by Advocate but not contesting the case be considered as Ex-parte proceedings under Order 9 Rule 13 CPC? Court explains

Summary Judgment

Post Award Interim Reliefs under Section 9 of the Arbitration and Conciliation Act, 1996: A light at the end of the tunnel

Delay in ‘filing’ and ‘re-filing’ written statement to be considered on different footing

Use of NATIONAL TIMES NOW retrained being similar to Bennett Coleman’s TIMES NOW

Court cannot be used as a tool to create evidence; application under Order 10 Rules 9 and 10A CPC rejected