Res-Judicata Bars Different Trustees From Relitigating Same Trust Property Dispute: Gujarat High Court

The Gujarat High Court has held that a trust application regarding a dispute over trust property cannot be maintained if the dispute has already been conclusively decided in an earlier proceeding, even if the subsequent suit is brought by a different set of trustees. [2026 LiveLaw (Guj) 213]Justice JC Doshi was hearing an appeal by trustees of Shri Agarwal Samaj Trust, challenging the order...

Order 18 Rule 17 CPC | Parameters On Recall Of Witness : Supreme Court Explains

The Supreme Court on Tuesday (August 4) reiterated that the power of the Court under Order XVIII Rule 17 CPC only permits recall of witnesses for examination by the Court itself, not for cross-examination by either of the parties “…the scope and object of Order XVIII Rule 17, CPC, was to enable the court to clarify doubts regarding evidence led by the party. It was further stated that...

Wife's Convenience, Child's Welfare Relevant But Can't Automatically Justify Transfer Of Matrimonial Case: Allahabad High Court

The decisive test is whether refusal of transfer is likely to occasion failure of justice, Court said.

Karnataka High Court Upholds State's 120-Day Limit For Written Statements But Preserves Judicial Discretion In 'Exceptional' Cases

The Karnataka High Court has upheld the constitutional validity of the state's amendment prescribing a 120-day outer limit for filing written statements. [2026 LiveLaw (Kar) 274]However, the single judge bench of Justice Sachin Shankar Magadum has 'read down' the provision to ensure that civil courts retain a 'narrow and exceptional' discretion to accept written statements beyond the 120 days...

Subsequent Suit Arising From Same Document Should Ordinarily Be Heard By Court Hearing Earlier Suit: Allahabad High Court

The Allahabad High Court has held that where two suits between the same parties arise out of the same document and are pending before different courts of competent jurisdiction, the court in which the earlier proceeding is pending is ordinarily the more appropriate forum. It held that the subsequently instituted suit may be transferred to it under Section 24 of the Code of Civil Procedure,...

S.152 CPC | Court Can Direct Correction Of Wrong Survey Number In Decree If Identity Of Property Is Undisputed: AP High Court

The Andhra Pradesh High Court has held that where an incorrect survey number has been mentioned due to an accidental slip, the Court can exercise its power under Section 152 CPC to correct the mistake even after the decree is passed, provided there is no dispute regarding the identity of the property. [2026 LiveLaw (AP) 165]Cautioning against misuse of the jurisdiction, the Court held...

'Taxing Justice At Ad-Valorem Rates Is Harsh': Allahabad High Court Urges UP Govt To Ease Burden Of Civil Litigation

Observing that taxing justice at "ad valorem rates is, indeed, harsh", the Allahabad High Court on Tuesday urged the Uttar Pradesh Government to consider measures to reduce the hardship faced by litigants pursuing civil remedies.At the same time, the Court made it clear that disputes over title and possession cannot be decided by administrative authorities and must be taken before the...

O VII 7 CPC | Lesser Relief Can Be Decreed, But Not Totally Different Claim : Supreme Court Declines To Allow Partition In Title Suit

Declining to grant the relief of partition in a suit seeking a declaration of title, the Supreme Court clarified that while Order VII Rule 7 of the Code of Civil Procedure permits the grant of a lesser or alternative relief flowing from the facts already pleaded and proved, it cannot be invoked to award a relief such as partition, which is based on a distinct cause of action and requires...

UP Tenancy Act | Third Party Claiming Independent Title Not A Necessary Or Proper Party To Eviction Proceedings: Allahabad High Court

The Allahabad High Court has held that a third party asserting an independent title adverse to the landlord is neither a necessary nor a proper party to proceedings under Section 21 of the U.P. Regulation of Urban Premises Tenancy Act, 2021.It held that questions of title cannot be brought into eviction proceedings through an application for impleadment under Order I Rule 10 of the Code of...

Court Can't Proceed Ex-Parte Against Defendant For Not Filing Written Statement After Lawyer Appears And Files Vakalatnama: AP High Court

The proper course is to forfeit the defendant's right to file written statement and proceed with the suit, Court said.

Res Judicata Applies To Successive Impleadment Applications Under Different CPC Provisions: Supreme Court

The Supreme Court on Monday (July 27) held that where an application for impleadment has been rejected on merits under Order I Rule 10 of the CPC, a subsequent application seeking the same relief under Order XXII Rule 10 of the CPC would be barred by the doctrine of res judicata, provided it is based on the same cause, between the same parties litigating under the same title, and is decided by...

NALSAR Student Detained For Attendance Shortage Can't Take Supplementary Exams; Sympathy Can't Override Academic Rules: Telangana High Court

The Telangana High Court has refused to direct NALSAR University of Law to permit an MBA student to appear in supplementary examinations after she was detained for shortage of attendance due to prolonged illness. [2026 LiveLaw (Tel) 120]Holding that sympathy and equitable considerations cannot override mandatory academic regulations, the Court ruled that a student barred from writing...