CPC
O.7 R.11 CPC | Plaint Can Only Be Rejected Based On Its Own Averments, Defendant's Stand Immaterial: Andhra Pradesh High Court
The Andhra Pradesh High Court held that a plaint can be rejected under Order VII Rule 11 CPC only if, on a plain reading of its averments, it discloses no cause of action or is barred by law. Dismissing a challenge to the refusal to reject a plaint in a partition suit, the Court held that the plaintiff's earlier plea of oral partition in previous litigation did not, by itself, justify...
Santal Mission Of Northern Churches Dispute | Jharkhand High Court Holds Declaration Against 1968 Transfer Barred By Limitation, Non-Joinder
The Jharkhand High Court has dismissed two Letters Patent Appeals arising from disputes over the properties of the Santal Mission of Northern Churches, holding that although a suit instituted under Section 92 of the Code of Civil Procedure was maintainable, no case was made out to declare a 1968 Instrument of Transfer illegal, inoperative or non-binding.A Division Bench of Chief Justice...
Order Issuing Notice On Temporary Injunction Plea Not Appealable Under Order 43 Rule 1(r) CPC: Karnataka High Court
The Karnataka High Court has recently held that an order passed by a trial court, which only issues notice on an application for temporary injunction, would not constitute an appealable order under Order XLIII Rule 1(r) of the CPC. [2026 LiveLaw (Kar) 264]The single judge bench of Justice Pradeep Singh Yerur, dismissing a batch of four appeals filed by plaintiffs, held that a trial court...
Swadeshi Jurisprudence And Colonial Afterlife Of Order XXI
In civil matters, the separation of judgment from enforcement is not a colonial peculiarity. The idea is much older and can be traced at least to Roman law. In classical Roman procedure, a judgment, called the iudicatum, did not enforce itself. Instead, it created a new obligation known as the obligatio iudicati, treated as a debt arising from the judgment itself. If the debtor did not pay...
S. 115 CPC | Revisional Jurisdiction Cannot Be Used to Correct Factual Errors, Even If Facts Are Allegedly Concealed : Supreme Court
Observing that revisional jurisdiction cannot be invoked to correct mere errors of fact or law unless they relate to a jurisdictional error, the Supreme Court on Tuesday (July 21) set aside a Punjab and Haryana High Court judgment that had overturned concurrent eviction orders passed by the Rent Controller and the Appellate Authority in exercise of its revisional jurisdiction. A bench of...
Court Must Identify Specific Retirement Benefit Before Ordering Attachment Under S.60 CPC; Gratuity, PF Can't Be Attached: AP High Court
The Andhra Pradesh High Court has held that where attachment of a retired employee's retirement benefits is sought in execution proceedings, the executing court must first identify the particular head of retirement benefits sought to be attached, as benefits such as gratuity and provident fund are exempt from attachment under Section 60 CPC. [2026 LiveLaw (AP) 144]Accordingly, the Court set...
Amendment To Correct Party Name, Property Value In Partition Suit Permissible After Trial Starts If Nature Of Suit Unchanged: AP High Court
The Andhra Pradesh High Court has held that an amendment application seeking to correct the plaintiff's name and the extent of a property in a partition suit cannot be refused merely because it is sought after commencement of trial, so long as it does not change the nature of the suit or prejudice the opposite party. [2026LiveLaw (AP) 142]In doing so, the Court allowed a revision...
Motor Accident Appeal Can Be Withdrawn; Claimants Can't Seek Enhancement Of Compensation Without Cross-Appeal: AP High Court
The Andhra Pradesh High Court has held that while an appellant is ordinarily entitled to unconditionally withdraw an appeal under the CPC in a motor accident case, respondent party cannot insist that the appellate court decide the matter on merits in the absence of a cross-appeal or cross-objections. [2026 LiveLaw (AP) 134]At the same time, the Court held that where the appeal compelled...
'Evaded Payment For 16 Years': Kerala High Court Rejects Cop's Appeals Against Compensation Award To Lawyer He Assaulted
The Kerala High Court recently dismissed two second appeals preferred by a police officer, who was directed to pay compensation to a lawyer who he had assaulted in 2010. [2026 LiveLaw (Ker) 379]Justice Easwaran S. observed that there are no substantial questions of law raised in the regular second appeals and that the same were bereft of merits.“The dispute started in the year 2010. For...
Art. 226 | High Courts Cannot Reweigh Evidence Or Interfere With Factual Findings In Certiorari Jurisdiction : Supreme Court
The Supreme Court has held that the Writ of Certiorari cannot be issued by the High Court to review or reweigh the evidence based on which subordinate courts decided a matter. The Court reiterated that such a jurisdiction is issued only to correct errors of jurisdiction committed by Courts or Tribunals, but not for reappreciation of evidence or acting as a Court of appeal. Holding so, a bench...
S.47 CPC | Executing Court Can Correct Clerical Misdescription Of Suit Property In Decree: Allahabad High Court
The Allahabad High Court has held that an executing court can correct a clerical or typographical misdescription of the suit property in a decree in exercise of its powers under Section 47 of the Code of Civil Procedure. It held that such correction is not confined to the court which passed the decree. Justice Manish Kumar Nigam held, “Where the terms of the decree are clear and...