CPC
Legal Heirs Can't Continue Suit Filed By Deceased Trustee In Representative Capacity, Right Vests In Surviving Trustee: P&H High Court
The Punjab and Haryana High Court has held that legal heirs of a deceased trustee cannot be impleaded to continue a suit filed by the trustee in a representative capacity, reiterating that the right to pursue such litigation vests only in surviving or duly appointed trustees. [2026 LiveLaw (PH) 200].Justice Vikas Bahl dismissed a revision petition challenging the trial court's refusal...
Confirmation Of Accounts Signed By Debtor Sufficient To Sustain Summary Suit Under Order XXXVII CPC: Delhi High Court
The Delhi High Court has held that a confirmation of accounts signed by a debtor acknowledging a loan transaction and the applicable interest terms constitutes a written contract and can form the basis of a summary suit under Order XXXVII CPC.Justice Neena Bansal Krishna dismissed an appeal filed by a chartered accountant challenging a decree passed in favour of a company for recovery of...
Ex Parte Decree Can't Be Set Aside On Mere Irregularity In Service If Defendant Had Notice And Opportunity To Appear: Jharkhand High Court
The Jharkhand High Court has held that an ex parte decree cannot be set aside under Order IX Rule 13 CPC merely on allegations of irregularity in service of summons where the defendants had knowledge of the proceedings and sufficient opportunity to appear before the Court.A Single Judge Bench of Justice Sanjay Kumar Dwivedi was hearing a Second Appeal filed against the judgment dated...
LiveLaw Explainer | What Are Principles On Admissions Under Order XII Rule 6 CPC
Order XII Rule 6 of the Code of Civil Procedure, 1908 is a powerful procedural tool that enables courts to pronounce judgment on the basis of admissions, without requiring a full-fledged trial. The provision is intended to shorten litigation where the material facts are not genuinely in dispute and where a party's admission is sufficient to entitle the opposite party to relief.The...
Constructive Res Judicata Bars Grounds Omitted Due To Negligence : Supreme Court Summarises Principles
Constructive Res Judicata Applies Even To Grounds Omitted Due To Negligence, Inadvertence: Supreme CourtThe Supreme Court has summarised the governing principles of the doctrine of constructive res judicata, reiterating that parties are required to raise all grounds that "might and ought" to have been raised in earlier proceedings and cannot avoid the doctrine by attributing omissions...
Video Conferencing Rules Must Be Meaningfully Applied: P&H High Court Allows Examination Of Witness On VC
The Punjab and Haryana High Court set aside a trial court order refusing to permit the examination of a material witness through video conferencing, emphasizing that procedural rules must be applied in a manner that advances access to justice rather than defeats it.Justice Virinder Aggarwal said, "It is pertinent to note that the requisite technological infrastructure for conducting...
Parties Can Engage Private Expert In Commercial Suits But Admissibility Of Expert Report Subject To Proof At Trial: AP High Court
The Andhra Pradesh High Court has held that parties in civil and commercial disputes may rely on reports prepared by privately engaged experts, however the admissibility and evidentiary value of such reports would be tested during trial.A Division Bench of Justice Ravi Nath Tilhari and Justice Balaji Medamalli dismissed a civil revision petition filed by ISGEC Heavy Engineering Limited, which...
O XII R 6 CPC | No Decree On Admissions Unless Defendant's Pleadings Contain Unequivocal Admissions; J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that unless the admissions made by a defendant in its pleadings or otherwise are clear, categorical and unequivocal, a court cannot proceed to pass a decree under Order XII Rule 6 of the Code of Civil Procedure. The Court further clarified that even where certain facts stand admitted, the court retains discretion to require the...
CPC Cannot Override RP Act In Election Petitions; Only Parties Specified Under Section 82 Can Be Impleaded: J&&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that anything contained in the Code of Civil Procedure which is contrary to the provisions of the Representation of the People Act, 1951 cannot be made applicable to the trial of election petitions.Since Section 82 of the Act of 1951 provides as to which persons are to be impleaded as respondents to an election petition, anything...
Mere Mention Of Word 'Dead' In Small Font Against Party's Name Doesn't Satisfy Duty To Inform Under Order 22 Rule 10-A CPC: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that merely mentioning the word “dead” against the name of a deceased respondent in a small font, without specifying the date of death, does not amount to compliance with the obligation cast upon counsel under Rule 10-A of Order XXII of the Code of Civil Procedure, 1908.The Court observed that such conduct reflected a...
Section 22 CPC | Mandatory To Issue Prior Notice To Opposite Party In Plea Seeking Transfer Of Suit To Different Court: MP High Court
The Madhya Pradesh High Court has dismissed a petition seeking transfer of a civil suit from a Narsinghpur court to Jabalpur court, observing that the application was not maintainable due to non-compliance with the mandatory requirement of issuing prior notice to the opposite parties under Section 22 CPC. Section 22 CPC states that where a suit may be instituted in any one of two or more...