Civil Law
Order XI CPC Discovery Can't Be Used To Collect Evidence Available In Public Domain, Law Doesn't Aid Indolent: Rajasthan High Court
The Rajasthan High Court has observed that the mechanism of discovery and production of documents under Order XI, Rules 12 and 14 of CPC, could not be invoked merely because a litigant found it convenient to obtain evidence though the opposite party, especially when such evidence was otherwise reasonably accessible to them. “The processes of court cannot be made a handmaiden of...
Suit Not Maintainable To Recover Money Paid For Illegal Purpose, Must Be Rejected Under O VII R 11 CPC : Supreme Court
The Supreme Court has recently held that where a plaint itself discloses that the money sought to be recovered was paid for an illegal and fraudulent purpose, the suit is barred by the of in pari delicto and the plaint is liable to be rejected under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (CPC).A bench of Justice Ahsanuddin Amanullah and Justice Manmohan ruled so while...
Independent Title Claim Doesn't Make Person Necessary Party In Small Causes Eviction Suit: Allahabad High Court
The Allahabad High Court has held that a third person asserting an independent title over a rented property does not become a necessary or proper party to an eviction suit before the Small Causes Court only because that title clashes with the landlord's. It held that impleadment under Order I Rule 10 of the Code of Civil Procedure, 1908 cannot be used to carry a separate title dispute into a...
Order 9 Rule 13 CPC | Limitation Must Be Decided Before Setting Aside Ex Parte Decree, Failure A Jurisdictional Error: Allahabad High Court
The Allahabad High Court has held that a court hearing an application to set aside an ex parte decree must decide the question of limitation first, and allowing an application filed 21 years late without any finding on the cause of the delay is a jurisdictional error. It held that until the delay is condoned there is no application before the court in the eye of law.Order IX Rule 13 of the...
Govt Servant Who Resigned To Contest Election Can't Withdraw Resignation After Losing Poll: Rajasthan High Court
The Rajasthan High Court has held that a government employee could not be said to have remained politically neutral, as was mandated under Rule 3(1)(vii) of the CCS (Conduct) Rules, 1964 (“Rules”), if s/he contested elections as an official candidate of a political party.Rule 3(1)(vii), provides that a government servant shall, at all times, maintain political neutrality. The division...
Defence In Written Statement Can't Be Converted Into Ground For Rejection Of Plaint Under Order 7 Rule 11 CPC: Allahabad High Court
The Allahabad High Court has held that a defence which, if established, may defeat the plaintiff's claim cannot ordinarily be converted into a ground for rejection of the plaint under Order VII Rule 11(a) of the Code of Civil Procedure. It held that the enquiry rests on the averments in the plaint alone and pleas taken by a defendant in his written statement are not relevant to deciding...
'Clearly An Illegal Structure': Delhi High Court Orders Removal Of Temple Built Illegally On Nursery School Land
The Delhi High Court has dismissed a plea seeking regularisation of a temple constructed on land earmarked for a nursery school, observing that the temple was constructed without sanction and contrary to the applicable rules governing disposal of government land. [2026 LiveLaw (Del) 838]Justice Jasmeet Singh held that the temple was a “clearly an illegal structure” and could not be...
Long Possession Alone Does Not Prove Adverse Possession,Hostile Intent Essential : Supreme Court
The Supreme Court on Thursday (10.09.2026) has held that mere long and uninterrupted possession of a property was not sufficient to establish the claim of adverse possession without proving the point at which such possession turned hostile to the true owner. Ruling so, it also held that a revenue entry recording possession as gair marusi bila lagan bawaja Dharam Arth (which signifies...
Dismissal Of Revenue Suit While Quashing Remand Order Deprives Plaintiff Of Remedy Of Appeal: Rajasthan High Court
While setting aside the order of Revenue Board, Rajasthan High Court held that if an appeal was filed against an order of remand, and the higher court was satisfied that the order was not just/proper, the matter could be remanded to the first appellate court for deciding afresh, but the plaintiff's revenue suit could not be rejected. The bench of Justice Anoop Kumar Dhand held that if such...
Land Acquisition | Landowners Can't Suffer Because Govt Failed To Forward Plea For Enhanced Compensation To Civil Court: AP High Court
The Andhra Pradesh High Court has held that landowners who filed applications seeking reference to civil court for enhancement of compensation under Section 18 Land Acquisition Act cannot be made to suffer for State's inaction in not registering the landowners application or tracing out the same. [2026 LiveLaw (AP) 213]In doing so, it dismissed appeals filed by the State of Andhra Pradesh...
Karnataka High Court Sets Aside 'Unreasoned' Ex-Parte Takedown Order In Defamation Case
The Karnataka High Court has set aside an ex-parte order directing fintech journalist Arti Singh and tech news platform Head and Tale Media Pvt. Ltd founded by Singh, to take down allegedly defamatory articles against digital payments platform Cashfree Payments. In doing so the court held that the trial court's order–passed in a defamation suit filed by Cashfree–was unreasoned and failed...
Gujarat High Court Rejects Muslim Trust's Plea Against Waqf Status, Says Registration Under Bombay Public Trust Act Covered By S.43 Waqf Act
The Gujarat High Court has held a Muslim trust registered under Bombay Public Trust Act as deemed to be a waqf under Section 43 Waqf Act, rejecting the trust's contention that the State Waqf Board's CEO had in 2011 held that the entity was not a waqf but a trust. [2026 LiveLaw (Guj) 242]In doing so the court observed that the record did not indicate that the board had conducted an inquiry...