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Supreme Court judgments on Code of Civil Procedure, 1908

253 judgments, latest first, from 2018 to 2026. Listed when the Supreme Court Reports file the judgment's headnote under this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Sections
Order I Rule 10 7Order VI Rule 17 6Order VII Rule 11 20Order IX Rule 13 6Order XII Rule 6 5Order XXIII Rule 3 7Order XLI Rule 27 5Section 11 11Section 47 9Section 96 9Section 100 28
Topics
Amendment of pleadings (Order VI Rule 17 CPC) 27Temporary injunction (Order XXXIX CPC) 43Rejection of plaint (Order VII Rule 11 CPC) 75Money recovery suits 24Execution of decrees (Order XXI Rule 97, Section 47 CPC) 58
A.K. Ghosh & Company and Others vs Biman Bose and Others
SC · 13 July 2026
[2026] 8 S.C.R. 185 : 2026 INSC 684
Does the mandatory time frame prescribed by the proviso to Or.VIII r.1 of the Code of Civil Procedure, 1908, apply to the filing of a written statement by the plaintiff to a counter-claim raised by the defendant in a sui…
Krishna Kumar Ojha & Ors. vs Jitendra Chaudhary & Ors.
SC · 1 July 2026
[2026] 7 S.C.R. 504 : 2026 INSC 662
Whether the compromise as accepted by the Civil Court on 22.02.1994 was in accordance with Or.XXIII r.3 of Code of Civil Procedure, 1908 or not.
Makardhwaj Ram vs Jagdish Rai (Dead) Th. Lrs. & Anr.
SC · 11 June 2026
[2026] 7 S.C.R. 240 : 2026 INSC 636
Whether the earlier proceedings provided opportunity enough for the plaintiff by being substantially similar, to raise the point of his ownership of the suit properties by virtue of the 1960 sale deed when the main groun…
Jennifer Messias vs Leonard G Lobo
SC · 18 May 2026
[2026] 6 S.C.R. 410 : 2026 INSC 502
Whether the Decree in question is a simple Preliminary Decree, or whether the Trial Court, made it both a Preliminary and a Final Decree; whether the same could be put to Execution; whether the High Court erred in interd…
Habban Shah vs Sheruddin
SC · 6 May 2026
[2026] 5 S.C.R. 404 : 2026 INSC 451
Issue arose whether the decree of specific performance passed by the court of first instance directing for the execution of sale deed on deposit of the balance sale consideration within three months would be inexecutable…
Kumud Lall vs Suresh Chandra Roy (Dead) Through Lrs and Others
SC · 4 May 2026
[2026] 5 S.C.R. 301 : 2026 INSC 443
Issue arose whether, upon death of the doctor during pendency of proceedings at appellate stage, the legal heirs can be impleaded and held liable for the alleged act of medical negligence of the deceased doctor, and if y…
S. Valliammai & Others vs S. Ramanathan & Another
SC · 16 April 2026
[2026] 5 S.C.R. 238 : 2026 INSC 372
Correctness or otherwise of the impugned order granting rejection of the plaint.
Maurice W. Innis vs Lily Kazrooni @ Lily Arif Shaikh
SC · 9 April 2026
[2026] 4 S.C.R. 494 : 2026 INSC 340
Issue pertains to the execution of a compromise decree passed in a civil suit; and whether the executing court can go beyond the decree and has to execute the decree as it stands without making any modifications therein.
M/s Chopra Hotels Private Limited vs Harbinder Singh Sekhon & Ors.
SC · 8 April 2026
[2026] 4 S.C.R. 444 : 2026 INSC 335
Whether the High Court was justified in holding that the Appellant had no lis before it and was not entitled to be heard in the proceedings in CWP No. 38742 of 2025, and, if not, what consequential directions ought to fo…
Gobind Singh and Ors. vs Union of India and Ors.
SC · 9 March 2026
[2026] 3 S.C.R. 277 : 2026 INSC 211
Whether the High Court’s omission to expressly adjudicate the application filed u/Or.XLI, r.27 of CPC while deciding the first appeal has resulted in any manifest injustice or miscarriage of justice so as to warrant inte…
R. Savithri Naidu vs M/s The Cotton Corporation of India Limited and Another
SC · 12 February 2026
[2026] 3 S.C.R. 113 : 2026 INSC 150
Whether in the facts and circumstances of the case, the sale in favour of the Appellant was without notice; whether the sale in favour of the Appellant can be brought within the purview of pendente lite, given that the a…
Tharammel Peethambaran and Another vs T. Ushakrishnan and Another
SC · 6 February 2026
[2026] 2 S.C.R. 576 : 2026 INSC 134
The controversy centres around the disputed circumstance, namely, the power of agency given by the plaintiff to the 1st Defendant through Exh.B-2. Whether the documentary evidence in Exh.B-2 satisfies the requirement of…
P. Suresh vs D.Kalaivani & Ors.
SC · 3 February 2026
[2026] 2 S.C.R. 558 : 2026 INSC 121
Could the High Court entertain an application invoking and exercising its powers of superintendence u/Art.227 of the Constitution, even where a specific remedial provision available in the Code of Civil Procedure Code, 1…
Kapadam Sangalappa and Others vs Kamatam Sangalappa and Others
SC · 11 November 2025
[2025] 11 S.C.R. 540 : 2025 INSC 1307
Matter pertains to the execution of the compromise decree passed in a dispute as regards performance of religious rituals and the custody of idols and paraphernalia associated with the common deity Lord Sangalappa Swamy,…
MITC Rolling Mills Private Limited and Anr. vs M/s Renuka Realtors and Ors.
SC · 10 November 2025
[2025] 11 S.C.R. 531 : 2025 INSC 1300
Whether an order rejecting the plaint u/Or.VII r.11 of the CPC is appealable u/s.13(1A) of the Commercial Courts Act, 2015.
Vikram Bhalchandra Ghongade vs The State of Maharashtra & Ors.
SC · 6 November 2025
[2025] 11 S.C.R. 264 : 2025 INSC 1283
Whether the executing Court erred in dismissing the execution petition as not maintainable; whether the decree passed by the first appellate Court having been passed in an appeal, where both the appellants had expired pr…
MMTC Limited vs Anglo American Metallurgical Coal Pvt. Limited
SC · 3 November 2025
[2025] 11 S.C.R. 327 : 2025 INSC 1279
Issue arose whether the High Court was justified in not entertaining the objections filed by the appellant u/s.47 CPC and in dismissing the same; and whether at least prima facie the case of breach of fiduciary duty has…
M/s Anvita Auto Tech Works Pvt. Ltd. vs M/s Aroush Motors & Anr.
SC · 8 October 2025
[2025] 10 S.C.R. 559 : 2025 INSC 1202
Whether the High Court was correct in observing that on account of non-filing of written statement by the defendant, his right to cross-examination is taken away.
Lifestyle Equities C.V. & Anr. vs Amazon Technologies INC.
SC · 7 October 2025
[2025] 10 S.C.R. 463 : 2025 INSC 1190
Whether the Division Bench of the High Court committed any error in passing the impugned judgment and order by which the application filed by the respondent herein (judgment debtor-original defendant) under Order XLI Rul…
Rajul Manoj Shah Alias Rajeshwari Rasiklal Sheth vs Kiranbhai Shakrabhai Patel & Anr.
SC · 12 September 2025
[2025] 10 S.C.R. 152 : 2025 INSC 1109
Whether the High Court was correct in reversing the order passed by the Civil Court dismissing the interlocutory application filed by respondent no.1 for amending the written statement and for filing a counter claim in a…
Malleeswari vs K. Suguna and Another
SC · 8 September 2025
[2025] 9 S.C.R. 574 : 2025 INSC 1080
Whether the order impugned conforms to the scope of review of an order u/s.114 and Or.47 of CPC.
C.P. Francis vs C.P. Joseph and Others
SC · 3 September 2025
[2025] 9 S.C.R. 645 : 2025 INSC 1071
Whether the High Court, while invoking the Proviso to s.100(5), CPC, was correct in referring to and applying s.67, Indian Succession Act, 1925; whether s.67, Indian Succession Act, 1925 is attracted to determine the suc…
Dogiparthi Venkata Satish and Anr. vs Pilla Durga Prasad & Ors.
SC · 26 August 2025
[2025] 8 S.C.R. 2191 : 2025 INSC 1046
Whether Order XXX Rule 10 CPC in any manner debar a suit filed against the proprietor.
Sri R Raghu vs Sri G M Krishna & Anr.
SC · 25 August 2025
[2025] 8 S.C.R. 2086 : 2025 INSC 1040
The appellant has preferred Civil Appeal No.8544 of 2024 aggrieved by the two directions given by the High Court in the impugned order relating to additional payment of Rs.25 lakhs per acre to the respondent as additiona…
Tankadhar Tripathy vs Dipali Das
SC · 22 August 2025
[2025] 8 S.C.R. 1137 : 2025 INSC 1017
Whether non-compliance with the proviso to Section 83(1)(c) of the Representation of the People Act, 1951 is a fatal defect, rendering the Election Petition non-maintainable at the threshold.
Iqbal Ahmed (Dead) By Lrs. & Anr. vs Abdul Shukoor
SC · 22 August 2025
[2025] 8 S.C.R. 1174 : 2025 INSC 1027
Issue arose whether it is necessary for the appellate court to consider the pleadings of the parties before adjudicating the prayer made for leading additional evidence u/Ord. XLI r.27(1) CPC.
Mahesh Chand (Dead) Through LR(s) vs Brijesh Kumar & Ors.
SC · 19 August 2025
[2025] 8 S.C.R. 1076 : 2025 INSC 1005
Whether the High Court was correct in directing the return of plaint to the appellant for presentation before the Court of competent jurisdiction.
Sanjit Singh Salwan & Ors. vs Sardar Inderjit Singh Salwan & Ors.
SC · 14 August 2025
[2025] 8 S.C.R. 902 : 2025 INSC 988
Issue arose as regards to whether a plea of estoppel in law can be permitted to be raised by a party ignoring its conduct that resulted in the other party altering its position to its detriment in view of such conduct.
Time City Infrastructure and Housing Limited Lucknow vs The State of U.P. & Ors.
SC · 11 August 2025
[2025] 8 S.C.R. 730 : 2025 INSC 966
The High Court set aside the order passed by the Civil Judge (Senior Division) granting ex parte injunction as prayed for by the petitioner – herein in Civil Suit No.447/2025.
Operation Asha vs Shelly Batra & Ors.
SC · 5 August 2025
[2025] 8 S.C.R. 411 : 2025 INSC 932
Issue arose as to whether the appellant Society registered under the Societies Registration Act, 1860 can be said to have fulfilled all the requirements stipulated u/s.92 CPC for the purpose of instituting a suit under t…

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