Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]

The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. (Para 26.1) Prakash Corporates v. Dee Vee Projects Ltd., 2022 LiveLaw (SC) 162 : AIR 2022 SC 946 : (2022) 5 SCC 112 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 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 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 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 Dominus Litus Plaintiff is dominus litus, and they cannot be compelled to seek relief against anyone. (Para 8.16) Small Industries Development Bank of India v. Sibco Investment Pvt. Ltd., 2022 LiveLaw (SC) 7 : (2022) 3 SCC 56 Execution Execution Proceedings - It is an old saying that the difficulties of the litigant in India begin when he has obtained a decree. The evil was noticed as far back in 1872 by the Privy Council in relation to the difficulties faced by the decree holder in execution of the decree. After more than a century, there has been no improvement and still the decree holder faces the same problem what was being faced in the past. A litigant coming to Court seeking relief is not interested in receiving a paper decree when he succeeds in establishing his case. What he primarily wants from the Court of Justice is the relief and if it is a money decree, he wants that money what he is entitled for in terms of the decree, must be satisfied by the judgment debtor at the earliest possible without fail keeping in view the reasonable restrictions/rights which are available to the judgment debtor under the provisions of the statute or the code, as the case may be. (Para 3) Griesheim GmbH v. Goyal MG Gases Pvt. Ltd., 2022 LiveLaw (SC) 95 : AIR 2022 SC 696 Procedural Defect The procedural defect may fall within the purview of irregularity and capable of being cured, but it should not be allowed to defeat the substantive right accrued to the litigant without affording reasonable opportunity. (Para 10) Ramnath Exports Pvt. Ltd. v. Vinita Mehta, 2022 LiveLaw (SC) 564 : (2022) 7 SCC 678 While procedure is said to be the handmaiden of justice and substantial justice must prevail and the former may take the backseat, failure to follow the procedure laid down by law can result in grave miscarriage of justice to the judgment debtor and delay in the decree holder realising the fruits of the decree. (Para 1) Rajbir v. Suraj Bhan, 2022 LiveLaw (SC) 255 : 2022 (5) SCALE 321 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 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 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...

Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]

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Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]

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