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...

Rajasthan High Court Seeks JDA's Response On Delay In Constructing Drain Channels Along Dravyavati River Despite NEERI Report

The Rajasthan High Court has directed the Jaipur Development Authority (JDA) to explain why cement concrete drain channels have not been constructed along stretches of the Dravyavati River in Jaipur despite recommendations made in a report by the National Environmental Engineering Research Institute (NEERI), Nagpur. The Division Bench of Acting Chief Justice Sanjeev Prakash Sharma and...

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. [2026 LiveLaw (2026) 153]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,...

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) 265]The single judge bench of Justice Pradeep Singh Yerur, dismissing a batch of four appeals filed by plaintiffs, held that a trial court...

Rajasthan High Court Orders Police Protection For Temple Renovation, Says Judicial Orders Can't Be Reduced To Paper Decrees

Courts not expected to wait for unfortunate incident to actually occur before extending necessary protection.

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...