CPC
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...
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...
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...
Assignee Under Deed Executed Prior To Filing Of Suit Cannot Be Impleaded As Co-Plaintiff Under Order I Rule 10 CPC: Bombay High Court
The Bombay High Court has held that an assignee under a deed of assignment executed before the filing of a suit cannot be added as a co-plaintiff under Order I Rule 10 of the Code of Civil Procedure (CPC) merely on the ground that the original plaintiff's rights have been assigned. The Court observed that there was no bona fide mistake involved for which adding a third party as a...
Order XXI CPC Not Applicable To Execution Of Eviction Orders Passed Under Section 67 UP Revenue Code: Allahabad High Court
The Allahabad High Court has held that an order of eviction or of compensation passed under Section 67(3) of the U.P. Revenue Code, 2006 cannot be executed through the long drawn procedure prescribed under Order XXI of the Code of Civil Procedure, 1908. It held that the Code of 2006 and the U.P. Revenue Code Rules, 2016 themselves supply the machinery for enforcing such orders.The bench...
Order 39 CPC | Bar On Grant Of Final Relief At Interim Stage Is Not An Absolute Proposition Of Law: Allahabad High Court
The Allahabad High Court has held that the bar on granting relief at the interim stage which resembles the final relief is not an absolute proposition of law and creates no jurisdictional embargo on the grant of a temporary injunction. It held that the question turns on the facts of each case, with the prima facie case tested at a higher level.Justice Jaspreet Singh held,“Thus, to state as...
Order Refusing Recusal Of Judge Is Interlocutory, Not Revisable Under Section 115 CPC: Sikkim High Court
The Sikkim High Court has held that an order refusing a Judge's recusal is interlocutory in nature and cannot be challenged by invoking the revisional jurisdiction of the High Court under Section 115 of the Code of Civil Procedure, 1908. The Court observed that even if the recusal request were allowed, it would merely result in a change of the Presiding Officer and would not finally dispose...
Gujarat High Court Upholds Refusal To Entertain Plea Seeking Rejection Of Plaint At 'Fag End' Of Trial; Imposes ₹10,000 Costs
The Gujarat High Court has upheld a trial court order dismissing an Order 7 Rule 11 CPC application seeking rejection of the plaint, observing that the application was filed at the "fag end of the trial" when the suit had reached the stage of final arguments. [2026 LiveLaw (Guj) 238]The court was hearing a revision plea challenging an order passed by Principal Senior Civil Judge, Valsad...
Karnataka High Court Upholds 3-Month Jail Term Of Newspaper Staff For Violating Order In Defamation Case, Says Tendering Apology Not Enough
The Karnataka High Court has upheld 3-month civil imprisonment against the editor, managing director and director of Karavali Ale newspaper for violating a temporary injunction order, holding that the trial court could not have have directed them to tender an apology instead of imposing a punishment under Order 39 Rule 2A CPC.The Court accordingly dismissed the writ petition seeking to quash...
Jharkhand High Court Upholds Appointment Of Receiver To Monitor Joint Hotel Business; Says Direction Ensured Preservation Of Records
The Jharkhand High Court has upheld the appointment of a receiver for a jointly claimed hotel business, observing that the trial court had not restrained the appellant from running the business or maintaining the premises. The Court held that the order only sought a report regarding the business, including its physical condition, mode of operation, account books, GST records, licences,...
'Deaf And Dumb' Person Not Necessarily Of Unsound Mind: Himachal Pradesh High Court Rejects Challenge To Partition Proceedings
The Himachal Pradesh High Court has held that merely because a person is deaf and dumb, it cannot be presumed that he is of unsound mind so as to necessitate appointment of a guardian under Order XXXII Rule 3 of the Code of Civil Procedure (CPC).The Court observed that such a requirement would arise only where it is established that the person is incapable of protecting his interests in...
Complaint Over Use Of Vehicle For 'Illegal Mining' Not Maintainable Before Magistrate, Session Court Is Correct Forum: Gujarat High Court
The Gujarat High Court has held that a complaint over illegal mining in respect of a seized vehicle must be lodged before the Sessions Court as mandated under Rule 12(2)(b)(ii) Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules and that such a complaint can't be filed before magistrate court. [2026 LiveLaw (Guj) 234]As per Rule 12(2)(b)(ii) makes it obligatory...