Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

Code of Civil Procedure, 1908 – Civil Trial - Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Once the date of trial is fixed, the trial should proceed accordingly to the extent possible, on day-to-day basis. (Para 2 (v)) Yashpal Jain v. Sushila Devi, 2023 LiveLaw (SC) 916 : 2023 INSC 948Code of Civil Procedure, 1908 – Civil Trial - Trial judges of District and Taluka Courts shall as far as possible maintain the diary for ensuring that only such number of cases as can be handled on any given day for trial and complete the recording of evidence so as to avoid overcrowding of the cases and as a sequence of it would result in adjournment being sought and thereby preventing any inconvenience being caused to the stakeholders. (Para 2 (vi)) Yashpal Jain v. Sushila Devi, 2023 LiveLaw (SC) 916 : 2023 INSC 948Code of Civil Procedure, 1908 - Delay in civil trial - The statistics relating to the cases pending in each court beyond 5 years shall be forwarded by every presiding officer to the Principal District Judge once in a month who (Principal District Judge/District Judge) shall collate the same and forward it to the review committee constituted by the respective High Courts for enabling it to take further steps. (Para 2 (x)) Yashpal Jain v. Sushila Devi, 2023 LiveLaw (SC) 916 : 2023 INSC 948Code of Civil Procedure, 1908 - Delay in civil trial - The Committee so constituted by the Hon'ble Chief Justice of the respective States shall meet at least once in two months and direct such corrective measures to be taken by concerned court as deemed fit and shall also monitor the old cases (preferably which are pending for more than 05 years) constantly. (Para 2 (xii)) Yashpal Jain v. Sushila Devi, 2023 LiveLaw (SC) 916 : 2023 INSC 948Code of Civil Procedure, 1908 - Suit for Declaration - In a dispute with respect to determination of title, merely pointing out the lacunae in the defendant's title would not suffice. Having instituted the suit for declaration, the burden of proof rested on the shoulders of the plaintiff to reasonably establish the probability of better title, which the plaintiff in the present case, has manifestly failed to do. (Para 22) P. Kishore Kumar v. Vittal K. Patkar, 2023 LiveLaw (SC) 999 : 2023 INSC 1009Code of Civil Procedure, 1908 - Suit for Declaration - Revenue records are not documents of title. The Trial Court erred in decreeing the suit by placing on a higher probative pedestal the revenue entries. (Para 11 - 27) P. Kishore Kumar v. Vittal K. Patkar, 2023 LiveLaw (SC) 999 : 2023 INSC 1009Code of Civil Procedure, 1908 - there is no difference between a party to a suit as a witness and a witness simpliciter - Production of documents for both a party to the suit and a witness as the case may be, at the stage of cross-examination, is permissible within law. (Para 32) Mohammed Abdul Wahid v. Nilofer, 2023 LiveLaw (SC) 1061 : 2023 INSC 1075Section 2 (11) - 'legal representative'Code of Civil Procedure, 1908; Section 2 (11) - 'legal representative' - On the death of a party to the suit it is the legal representative who is/are entitled to prosecute the proceedings and, in law, represent the estate of the deceased. The legal representative who is brought on record not only includes a legatee under a Will but also an intermeddler of the property who would be entitled to sue and to be sued and/or continue to prosecute the proceedings. (Para 3) Yashpal Jain v. Sushila Devi, 2023 LiveLaw (SC) 916 : 2023 INSC 948Section 10 - Stay of SuitCode of Civil Procedure, 1908; Section 10 - Stay of Suit - By virtue of Section 10 CPC, a Court is prohibited from proceeding with trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit, of course, subject to other conditions mentioned therein. The object of the prohibition contained in Section 10 CPC is to prevent the Courts of concurrent jurisdiction from simultaneously trying two parallel suits and to avoid inconsistent findings. However, this rule of procedure is held not affecting the jurisdiction of the Court to entertain and deal with the latter suit and does not create a bar to the institution of the suit. The Courts have also consistently held that Section 10 CPC does not create a bar to the passing of interlocutory orders including those of injunction. (Para 17) State of Meghalaya v. Union of India, 2023 LiveLaw (SC) 427 : 2023 INSC 522Section 11 - Res JudicataCode of Civil Procedure, 1908; Section 11 - Res judicata - An order closing the proceedings is not final decision of the suit within the meaning of Order 9 Rule 8 and Order 17 Rule 3 resply of the CPC - will not operate as res judiciata. (Para 55) Prem Kishore v. Brahm Prakash, 2023 LiveLaw (SC) 266 : 2023 INSC 317Code of Civil Procedure, 1908; Section 11 - Res Judiciata - The general principle of res judicata under Section 11 of the CPC contain ...

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

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Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

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