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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
Smt. Uma Devi and Ors. vs Sri. Anand Kumar and Ors.
SC · 2 April 2025
[2025] 4 S.C.R. 521 : 2025 INSC 434
Whether the High Court was correct in remanding the matter back to the trial court, when trial court had allowed the application of the defendants/appellants u/Or.7 r.11 CPC, and dismissed the suit for partition filed by…
I.K. Merchants Pvt. Ltd. & Ors. vs The State of Rajasthan & Ors.
SC · 1 April 2025
[2025] 4 S.C.R. 2753 : 2025 INSC 418
Issue arose as regards the appropriate rate of interest to be awarded on the enhanced valuation of shares sold by the appellants to the Respondent No.1-State in 1973 as determined by the High Court and affirmed by Suprem…
Periyammal (Dead) Through LRs & Ors. vs V. Rajamani & Anr. Etc.
SC · 6 March 2025
[2025] 3 S.C.R. 540 : 2025 INSC 329
Whether the courts below committed any error in upholding the objections raised by the respondent nos. 1 and 2 herein against execution of the decree on the claim of being in possession of the suit property in their capa…
Pappammal (Died) Through LR R. Krsna Murtii vs Jothi & Anr.
SC · 27 February 2025
[2025] 2 S.C.R. 1411 : 2025 INSC 277
Issue arose as regards the order passed by the courts below allowing the application filed by the daughter of the deceased to implead herself as defendant in the suit for recovery of possession filed by her mother.
Vipin Kumar vs Jaydeep & Others
SC · 21 January 2025
[2025] 1 S.C.R. 1659 : 2025 INSC 169
Whether there has been a miscarriage of justice as the second appeal was allowed ex parte without hearing the appellant and without framing any substantial questions of law.
U. Sudheera & Others vs C. Yashoda & Others
SC · 17 January 2025
[2025] 2 S.C.R. 92 : 2025 INSC 80
Whether the High Court can pass any ad interim order for a limited period, before framing substantial question(s) of law, while dealing with a second appeal filed under Order XLI r/w Section 100 CPC.
Cuddalore Powergen Corporation Ltd vs M/s Chemplast Cuddalore Vinyls Limited and Anr.
SC · 15 January 2025
[2025] 2 S.C.R. 123 : 2025 INSC 73
Whether the principles enumerated u/Ord. II r. 2 CPC would bar the institution of a second suit and warrant rejection of the plaint filed by the respondent no. 1-buyer.
The State of West Bengal & Ors. vs PAM Developments Private Limited & Anr.
SC · 9 January 2025
[2025] 1 S.C.R. 772 : 2025 INSC 69
Whether an amendment to a plaint introducing a fresh cause of action can be allowed if it arises out of continuous transactions and does not alter the nature and character of the suit; whether the bar under Section 80 of…
Indian Evangelical Lutheran Church Trust Association vs Sri Bala & Co.
SC · 8 January 2025
[2025] 1 S.C.R. 542 : 2025 INSC 42
Whether the plaint in the subsequent suit for specific performance filed by the plaintiff, i.e., O.S. No. 49/2007, is liable to be rejected in terms of Order VII Rule 11(d) of the Code of Civil Procedure, 1908 on the gro…
Shri Mukund Bhavan Trust and Ors. vs Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle and Another
SC · 20 December 2024
[2024] 12 S.C.R. 1445 : 2024 INSC 1025
Whether the High Court erred in affirming the order of the trial Court dismissing the application filed by the appellants under Order VII Rule 11(d), Code of Civil Procedure, 1908 for rejection of plaint being barred by…
Abdul Rejak Laskar vs Mafizur Rahman & Ors.
SC · 20 December 2024
[2024] 12 S.C.R. 1911 : 2024 INSC 1023
The High Court held that the s.154(1)(e) of the the Assam Land and Revenue Regulation, 1886 bars the civil court from exercising its jurisdiction; whether the High Court committed any error in taking view that the suit f…
Sanjeevkumar Harakchand Kankariya vs Union of India & Ors.
SC · 19 December 2024
[2024] 12 S.C.R. 866 : 2024 INSC 1004
Issue arose whether in view of the inconsistency between the Court Fees Act, 1870 and Maharashtra Court Fees Act, 1959, if any, would the appellant be entitled to a complete refund of court fees per the former, since it…
Rinku Baheti vs Sandesh Sharda
SC · 19 December 2024
[2024] 12 S.C.R. 1355 : 2024 INSC 1014
Issue arose whether the petitioner-wife is entitled to the transfer of the divorce petition; and whether this Court, upon the application filed by the respondent-husband, can exercise its powers u/Art. 142(1) of the Cons…
Navratan Lal Sharma vs Radha Mohan Sharma & Ors.
SC · 12 December 2024
[2024] 12 S.C.R. 453 : 2024 INSC 970
Issue arose as regards the right of a party to get the first appeal restored if compromise decree specifically does not give such liberty.
Jaichand (Dead) Through Lrs. & Ors. vs Sahnulal & Anr.
SC · 10 December 2024
[2024] 12 S.C.R. 719 : 2024 INSC 996
Issue arose as regards the sustainability of the order passed by the High Court in second appeal u/s.100 CPC.
Jami Venkata Suryaprabha & Anr. vs Tarini Prasad Nayak & Ors.
SC · 9 December 2024
[2024] 12 S.C.R. 646 : 2024 INSC 1001
Issue arose as regards the right of plaintiff to ask the defendant to lead the evidence.
Rohit Kochhar vs Vipul Infrastructure Developers Ltd. & Ors.
SC · 26 November 2024
[2024] 11 S.C.R. 1289 : 2024 INSC 920
Whether the relief sought by the plaintiff in respect to the suit property can be entirely obtained through the personal obedience of the defendants warranting the application of the proviso to Section 16 of the Code of…
Ramakant Ambalal Choksi vs Harish Ambalal Choksi & Others
SC · 22 November 2024
[2024] 11 S.C.R. 1343 : 2024 INSC 913
Whether the High Court was justified in allowing the appeal filed by the defendants-respondents holding that no case for grant of interim injunction was made out and thus, vacating the order granting injunction in favour…
The State of Punjab & Anr. vs M/s Ferrous Alloy Forgings P Ltd. & Ors.
SC · 19 November 2024
[2024] 11 S.C.R. 1335 : 2024 INSC 890
Whether it is mandatory for the successful auction purchaser to deposit the stamp duty for the sale certificate to be issued to it in view of the provisions of the Stamp Act and the Registration Act.
M/s HPCL Bio-Fuels Ltd. vs M/s Shahaji Bhanudas Bhad
SC · 7 November 2024
[2024] 12 S.C.R. 133 : 2024 INSC 851
(i) Whether a fresh application u/s.11(6) of the Arbitration and Conciliation Act, 1996 filed by the respondent could be said to be maintainable more particularly when no liberty to file a fresh application was granted b…
Renjith K.G. & Others vs Sheeba
SC · 14 October 2024
[2024] 10 S.C.R. 1359 : 2024 INSC 773
Whether a pendente lite transferee, a stranger to the suit can file application under Order XXI Rule 99, Code of Civil Procedure, 1908 seeking re-delivery after dispossession.
Choudappa & Anr. vs Choudappa since Deceased by Lrs. & Ors.
SC · 3 September 2024
[2024] 9 S.C.R. 229 : 2024 INSC 691
In 2014, an application purported to be u/s. 141 CPC or under Order XX Rule 12 CPC was filed by the respondents for the determination of the mesne profits as directed by the judgment, order and decree dated 12.07.1973. W…
Rama Kt. Barman (Died) Thr. Lrs. vs Md. Mahim Ali & Ors.
SC · 21 August 2024
[2024] 8 S.C.R. 727 : 2024 INSC 644
Matter pertains to the correctness of the order passed by the High Court in second appeal wherein it created a new case for the party, framed the issues and decided them without following the procedure contemplated u/Ord…
M/s D. Khosla and Company vs The Union of India
SC · 7 August 2024
[2024] 8 S.C.R. 113 : 2024 INSC 587
Arbitrator passed award granting interest for two periods-(i) Preaward period, from the date of completion of the work up to the date of the award @ 12% per annum (simple interest); and (ii) Postaward, from the date of t…
Nek Pal & Ors. vs Nagar Palika Parishad & Ors.
SC · 26 July 2024
[2024] 7 S.C.R. 1040 : 2024 INSC 574
Whether substantial questions of law are required to be formulated at the time of admission of a second appeal under Section 100 of the Code of Civil Procedure, 1908, or at any time subsequent thereto.
G.M. Shahul Hameed vs Jayanthi R. Hegde
SC · 9 July 2024
[2024] 7 S.C.R. 316 : 2024 INSC 493
Whether upon admission of an instrument in evidence and its marking as an exhibit by a court (despite the instrument being chargeable to duty but is insufficiently stamped), such a process can be recalled by the court in…
Har Narayan Tewari (D) Thr. Lrs. vs Cantonment Board, Ramgarh Cantonment & Ors.
SC · 8 July 2024
[2024] 7 S.C.R. 29 : 2024 INSC 467
Whether the present suit (claiming title and possession over the suit land) as filed by the plaintiff-appellant was barred under Section 11 CPC on principle of res judicata inasmuch as there was no adjudication of the ri…
Anish M Rawther @ Anees Mohammed Rawther vs Hafeez Ur Rahman & Ors.
SC · 14 June 2024
[2024] 6 S.C.R. 959 : 2024 INSC 460
High Court, if justified in directing the trial court to accept the respondent’s memo and pass appropriate order.
Alifiya Husenbhai Keshariya vs Siddiq Ismail Sindhi & Ors.
SC · 27 May 2024
[2024] 5 S.C.R. 896 : 2024 INSC 457
Whether a person being an award holder, of monetary compensation without actual receipt thereof, would be disentitled from filing an appeal seeking enhanced compensation as an indigent.
Govt. of NCT of Delhi Through Its Secretary, Land and Building Department & Another vs M/s K.L. Rathi Steels Limited and Others
SC · 17 May 2024
[2024] 5 S.C.R. 949 : 2024 INSC 454
Issue arose to resolve as to which of the two views on maintainability of the Review petitions-Hon’ble Judge presiding over the Bench ruling in favour of maintainability of the review petitions whereas the Hon’ble compan…

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