Supreme Court Half Yearly Digest 2025 -Code Of Civil Procedure, 1908

Code of Civil Procedure, 1908Order VII Rule 11 – Rejection of Plaint – Multiple Causes of Action – Whether a plaint can be rejected under Order VII Rule 11 CPC solely because one of the reliefs sought is legally untenable, when other reliefs are maintainable and arise from independent causes of action. Held, a plaint cannot be rejected in its entirety under Order VII Rule 11 CPC merely because one relief is barred by law, provided other reliefs are maintainable and supported by distinct causes of action. Selective severance of reliefs is impermissible when multiple causes of action are pleaded, as rejecting the entire plaint would unjustly deny the plaintiff access to justice. The examination under Order VII Rule 11 must be confined to the plaint's averments, without delving into the merits or veracity of the claims. If triable issues arise, the suit cannot be summarily dismissed. The Court set aside the High Court's decision, which erroneously rejected the plaint by treating multiple reliefs as a single claim, and restored the trial court's finding that the issues were triable. (Para 8, 9, 13) Vinod Infra Developers Ltd. v. Mahaveer Lunia, 2025 LiveLaw (SC) 630 : 2025 INSC 722Order VII Rule 11 – The appellant filed a civil suit seeking a declaration that sale deeds executed by the respondent after the revocation of a power of attorney were void, along with possession and injunction reliefs. The High Court dismissed the suit, finding one relief invalid, without considering the triable issue arising from the other reliefs. The Supreme Court allowed the appeal, holding that the High Court's approach was contrary to the settled law on Order VII Rule 11 CPC. (Para 8 & 9) Vinod Infra Developers Ltd. v. Mahaveer Lunia, 2025 LiveLaw (SC) 630 : 2025 INSC 722Order VII Rule 11 – Partial Rejection Impermissible – Partial rejection of a plaint is not permissible, and no adverse observations should be made against any relief in an Order VII Rule 11 application if other reliefs remain valid. (Para 4.8 & 9.6) Vinod Infra Developers Ltd. v. Mahaveer Lunia, 2025 LiveLaw (SC) 630 : 2025 INSC 722Order I Rule 10 & Order XXII Rule 5 - Whether a subsequent application under Order I Rule 10 CPC to delete a party, after rejection of an objection to their impleadment, is barred by res judicata. Held, the principle of res judicata applies to impleadment proceedings under Order I Rule 10 CPC. Once an impleadment order attains finality without objection or challenge, a subsequent application to delete the impleaded party is barred by constructive res judicata. Permitting repeated objections after conclusive determination violates principles of fairness and justice, causing uncertainty. The appellant, having failed to challenge his impleadment as a legal heir under Order XXII Rule 5 at the relevant stage, could not later seek deletion under Order I Rule 10. The appeal was dismissed, upholding the Trial Court and High Court's rejection of the deletion application. (Para 51, 54 & 60) Sulthan Said Ibrahim v. Prakasan, 2025 LiveLaw (SC) 622 : 2025 INSC 764Order VII Rule 11 - Benami Transactions (Prohibition) Act, 1988 - Partition Suit - Exception Pleaded - A partition suit seeking division of joint family property cannot be dismissed under Order VII Rule 11 CPC at the preliminary stage when the plaintiff invokes an exception to the Benami Transactions (Prohibition) Act, 1988. Rejection of a plaint under Order VII Rule 11(d) requires the suit to be manifestly barred by law without requiring evidence. However, determining whether properties are benami or joint family assets involves factual inquiries, such as the source of funds and family arrangements, necessitating a trial. When an exception to the Benami Act is pleaded, the plaint cannot be rejected at the pleading stage, as it raises disputed questions of fact requiring evidence-based adjudication. The Supreme Court dismissed the appellants' challenge to the trial court and High Court's refusal to reject the plaint, upholding the continuation of the partition suit for trial to resolve factual disputes regarding the nature of the property. Appeal dismissed; plaint upheld for trial. (Para 28) Shaifali Gupta v. Vidya Devi Gupta, 2025 LiveLaw (SC) 604 : 2025 INSC 739Order XXI - Limitation Act, 1963 - Article 136 - Execution of Permanent Injunction Decree - Satisfaction recorded in an Execution Petition (EP) for a prior breach of a permanent injunction does not bar subsequent EPs for new breaches. A permanent injunction, being perpetual, remains enforceable against future violations without being barred by res judicata. Each fresh breach constitutes a new cause of action, and no limitation period applies under Article 136 for enforcing such decrees. The Supreme Court set aside the High Court's dismissal of a subsequent EP based on prior "full satisfaction," allowing the appeal and affirming the perpetual enforceability of permanent injunctions against judgment debtors, their assignees, and ...

Supreme Court Half Yearly Digest 2025 -Code Of Civil Procedure, 1908

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Supreme Court Half Yearly Digest 2025 -Code Of Civil Procedure, 1908

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