Order V Rule 20 CPC | Locked House, Incomplete Address Not Enough To Resort To Newspaper Publication For Summons: Rajasthan High Court

The Rajasthan High Court held that when the process server's report reflected a locked house or an incomplete address, it did not by itself justify adopting the substituted service under Order V Rule 20 CPC, unless the Court was satisfied that the defendant was deliberately evading service and ordinary service was impracticable. “The Court must apply its mind to the process server's report...

Order VII Rule 14(3) CPC | Closure Of Evidence Doesn't Prevent Court From Allowing Additional Documents At Final Arguments: Allahabad High Court

The Allahabad High Court has held that the mere fact that evidence has been closed and the suit has reached the stage of final arguments does not by itself bar a court from granting leave under Order VII Rule 14(3) of the Code of Civil Procedure, 1908 to bring additional documents on record. It held that such a late request calls for closer scrutiny, but the court must also examine whether...

Once Appeal Admitted By HC, Subsequent Transfer To District Court Doesn't Trigger Fresh Limitation: Gujarat High Court

The Gujarat High Court has held that a first appeal against a civil suit decree which was earlier admitted, numbered and later transferred by the high court to the trial court pursuant to enactment of Gujarat Civil Courts Act retains its original status and is not barred by limitation. [2026 LiveLaw (Guj) 253]In doing so the court held that it cannot be said that such transferred appeals...

Appeal Can't Be Rejected Over Delay In Communication Of Judgement By Lawyer In Absence Of Gross Negligence: Gujarat High Court

The Gujarat High Court has said that non-communication of a judgement by the lawyer to the party cannot disadvantage the latter resulting in rejection of appeal on ground of delay when the very lawyer has filed the appeal, specially in absence of gross negligence. [2026 LiveLaw (Guj) 252]The court was hearing a man's plea challenging an appellate court's order refusing to condone 27 day delay...

Tenant's Plea That Possession Was Never Delivered Requires Evidence; Can't Reject Rent Case Under Order 7 Rule 11: Allahabad High Court

The Allahabad High Court has held that a tenant's plea that possession was never handed over under an executed rent deed, and that no landlord-tenant relationship therefore came into existence, raises a disputed question of fact which cannot be decided on an application under Order VII Rule 11 CPC.Justice Dr. Yogendra Kumar Srivastava held,“The plea of non-delivery of possession raised by...

Civil Suits Can Be Consolidated If Issues Are Similar And Common Evidence Sufficient To Decide: MP High Court

The Madhya Pradesh High Court has held that civil suits may be consolidated only when the issues involved in the suits are similar, and the common evidence is sufficient to decide those issues. [2026 LiveLaw (MP) 379]Dismissing a revision petition challenging the order that rejected the plea for consolidation, the bench of Justice Ashish Shroti observed: "Thus two suits can be, and should...

Once Trial On All Issues Has Started, One Issue Cannot Be Tried As Preliminary: : Supreme Court Explains Order XIV Rule 2(2) CPC

The Supreme Court today (21 September) held that a civil court cannot direct that an issue be tried as preliminary issue under Order XIV Rule 2(2) of the Code of Civil Procedure, 1908 once it has begun trying all the issues together.A bench of Justice KV Viswanathan and Justice Arun Palli set aside the orders of the trial court, the first appellate court and the Kerala High Court. The trial...

O 7 Rule 11 CPC | Admissibility Of Document Cannot Be Decided While Considering Rejection Of Plaint : Supreme Court

The Supreme Court has recently held that the question of admissibility of a document relied upon by a plaintiff is a matter to be adjudicated at the trial, and cannot be considered while seeking rejection of a plaint under Order VII Rule 11(a) or (d) of the Code of Civil Procedure, 1908 (CPC).A bench of Justice Ujjal Bhuyan and Justice Atul S Chandurkar ruled so while allowing an appeal filed...

S. 92 CPC | Civil Court Cannot Pass Interim Orders While Leave Application Is Pending Against Public Trust: Supreme Court

The Supreme Court on Friday (September 18) held that a Civil Court cannot pass protective or preservatory interim orders while an application seeking leave to institute a suit under Section 92 of the Code of Civil Procedure, 1908 is pending. Since, obtaining a prior leave of the court is mandatory to file a representative suit under Section 92 CPC when it is filed by individuals, a bench...

Subsequent Declaration Of Property Under Slum Area Doesn't Bar Execution Of Pre-Existing Eviction Decree: Bombay High Court

The Bombay High Court has held that a subsequent declaration of a property as a Slum Area does not, by itself, require permission of the Competent Authority under Section 22(1)(b) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, where execution proceedings for an eviction decree had already been instituted before such declaration. The Court observed that...

Address Not Needed For Suits Against Unknown Persons: Kerala High Court Directs Numbering Of Plea Over Anonymous 'Kattalan' Film Reviews

The Kerala High Court has directed the Principal Munsiff Court, Ernakulam to number a suit preferred by production company M/s Cubes Entertainments seeking removal of the reviews of the Malayalam movie 'Kattalan' from BookMyShow platform. [2026 LiveLaw (Ker) 503]Justice Easwaran S. set aside the munsiff court's order rejecting the plaintiff's application seeking exemption from complying...

Karnataka High Court Sets Aside Trial Court's Spot Inspection In Property Suit, Says It Must Generally Follow Recording Of Evidence

The Karnataka High Court has held that the power of a trial court under Order XVIII Rule 18 CPC to inspect a suit property and record a memorandum of facts must ordinarily be exercised only after evidence has been recorded in the suit.ORDER XVIII pertains to hearing of the suit and examination of witnesses wherein Rule 18 states that Court may at any stage of a suit inspect any property or...