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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
Lehna Singh (D) By Lrs. vs Gurnam Singh (D) By Lrs. & Ors.
SC · 16 May 2024
[2024] 6 S.C.R. 390 : 2024 INSC 429
Issue arose whether the questions of law are not required to be framed in second appeal before Punjab and Haryana High Court whose jurisdiction in second appeal is circumscribed by provision of s.41 of the Punjab Act.
Bhikchand S/o Dhondiram Mutha (Deceased) Through Lrs. vs Shamabai Dhanraj Gugale (Deceased) Through Lrs.
SC · 14 May 2024
[2024] 6 S.C.R. 624 : 2024 INSC 411
Whether the present is a fit and suitable case for exercising power under Section 144, Code of Civil Procedure, 1908 directing restitution in favour of the appellant-judgment debtor by placing the parties in the position…
Mrugendra Indravadan Mehta and Others vs Ahmedabad Municipal Corporation
SC · 10 May 2024
[2024] 6 S.C.R. 594 : 2024 INSC 401
Trial Court decreed the suit filed by appellants-plaintiffs by accepting the alternative prayer that they should be allotted an extent of 974 sq. mts. in any Town Planning Scheme in the western zone of Ahmedabad, but rej…
Rehan Ahmed (D) Thr. Lrs. vs Akhtar Un Nisa (D) Thr. Lrs.
SC · 22 April 2024
[2024] 4 S.C.R. 694 : 2024 INSC 329
Matter pertains to the correctness of the order passed by the High Court allowing the objections u/s. 47 CPC filed by the respondent no. 1, setting aside the order passed by the Executing Court and holding that the decre…
The State of Telangana & Ors. vs Mohd. Abdul Qasim (Died) Per LRs.
SC · 18 April 2024
[2024] 5 S.C.R. 81 : 2024 INSC 310
High Court whether justified in passing the impugned order in review petition in favour of the plaintiff-respondent despite him not proving his title over the suit property (forest land), setting aside the concurrent jud…
K.B. Lal (Krishna Bahadur Lal) vs Gyanendra Pratap & Ors.
SC · 8 April 2024
[2024] 4 S.C.R. 616 : 2024 INSC 281
Whether there was sufficient cause for delay of fourteen years in filing an application under Order IX, Rule 7 of the Code of Civil Procedure.
Vinayak Purshottam Dube (Deceased), Through Lrs vs Jayashree Padamkar Bhat & Others
SC · 1 March 2024
[2024] 3 S.C.R. 127 : 2024 INSC 159
Appellants, legal representatives of the original opposite party-a sole proprietor (since deceased) who had entered into a Development Agreement with the respondents-complainants, if liable to discharge the obligations w…
Basavaraj vs Indira and Others
SC · 29 February 2024
[2024] 2 S.C.R. 935 : 2024 INSC 151
High Court, if justified in allowing the amendment application, changing the nature of suit from partition to declaration.
Balveer Batra vs The New India Assurance Company & Anr.
SC · 8 February 2024
[2024] 2 S.C.R. 1204 : 2024 INSC 361
The question of territorial jurisdiction was decided by the Tribunal after about 4 years since the filing of the claim petition and the appeal filed in 2010 was dismissed, confirming the dismissal of the claim petition a…
Asma Lateef & Anr. vs Shabbir Ahmad & Ors.
SC · 12 January 2024
[2024] 1 S.C.R. 517 : 2024 INSC 36
Whether the order dated 05.08.1991 (vide which application u/rr.5 and 10 of Or.VIII, CPC was allowed by the Trial Court for pronouncement of judgment against defendant no.2 in the suit) suffered from a jurisdictional err…
Case Details Mohammed Abdul Wahid vs Nilofer & Anr.
SC · 14 December 2023
[2023] 15 S.C.R. 866 : 2023 INSC 1075
Whether under the Code of Civil Procedure, there is envisaged a difference between a party to a suit and a witness in a suit, does the phrase plaintiff’s/ defendant’s witness exclude the plaintiff or defendant themselves…
Case Details the Koushik Mutually Aided Cooperative Housing Society vs Ameena Begum & Another
SC · 1 December 2023
[2023] 15 S.C.R. 841 : 2023 INSC 1065
Application filed by the Respondent seeking condonation of delay in filing the petition to set aside the ex-parte decree was dismissed by Trial Court. Consequently, the petition filed under Order IX Rule 13 CPC seeking s…
Case Details Sanjay Kumar Agarwal vs State Tax Officer (1) & Anr.
SC · 31 October 2023
[2023] 15 S.C.R. 225 : 2023 INSC 963
A Batch of five Review Petitions was filed by the Review Petitioners, aggrieved by the common judgment and order dated 06.09.2022 passed by the Supreme Court in Civil Appeal No. 1661 of 2020 and Civil Appeal No. 2568 of…
Aditya Khaitan & Ors. vs Il and Fs Financial Services Limited
SC · 3 October 2023
[2023] 12 S.C.R. 803 : 2023 INSC 867
Whether the High Court was justified in rejecting the application for extension of time dated 20.01.2021 and in not taking the written statements on record.
Case Details Rahimal Bathu & Others vs Ashiyal Beevi
SC · 26 September 2023
[2023] 12 S.C.R. 697 : 2023 INSC 861
Whether a revision u/s.115, CPC is maintainable against an order of the subordinate Court rejecting on merits an application for review of an appealable decree passed in a civil suit. Code of Civil Procedure, 1908 – s.11…
Hemavathi and Ors. vs V. Hombegowda and Anr.
SC · 11 September 2023
[2023] 12 S.C.R. 477 : 2023 INSC 848
High Court whether justified in allowing Regular Second Appeal filed u/s.100, Code of Civil Procedure, 1908 without framing the substantial question of law.
Case Details Smt. Ved Kumari (Dead through Her Legal Representative) Dr. Vijay Agarwal vs Municipal Corporation of Delhi through Its Commissioner
SC · 24 August 2023
[2023] 11 S.C.R. 602 : 2023 INSC 764
The question for consideration was whether the High Court was justified in upholding the order of the Executing Court holding that the decree for possession of immovable property is not executable against the judgement d…
Y. P. Lele vs Maharashtra State Electricity Distribution Company Ltd. & Ors.
SC · 16 August 2023
[2023] 11 S.C.R. 141 : 2023 INSC 732
Whether the High Court committed an error in applying the explanation to Or. XVII, r.2 CPC and based upon it held that an application u/Or. IX Rule 13 CPC would not be maintainable as the presence of the defendant would…
Government of Kerala & Anr. vs Joseph and Others
SC · 9 August 2023
[2023] 11 S.C.R. 264 : 2023 INSC 693
Whether the impugned judgment, arising out of Second Appeal meets the established criteria for Second Appeal; and whether the respondents are entitled to the relief of adverse possession or is the claim so made, barred b…
Jini Dhanrajgir & Anr. vs Shibu Mathew & Anr. etc.
SC · 16 May 2023
[2023] 5 S.C.R. 551 : 2023 INSC 544
Code of Civil Procedure, 1908 : s. 47, Ord. XXI r. 97 – Execution of decrees– Resistance to delivery of possession to decreeholder or purchaser – Original plaintiff filed suit for declaration of title and recovery of pos…
Bhasker & Anr. vs Ayodhya Jewellers
SC · 10 May 2023
[2023] 7 S.C.R. 964 : 2023 INSC 730
Code of Civil Procedure, 1908 – Or. XXI, rr. 92, 94, 95 – Limitation Act, 1963 – Art. 134 – What is the starting point of limitation for filing an application under Rule 95 of Order XXI of the Code of Civil Procedure, 19…
Ramisetty Venkatanna & Anr. vs Nasyam Jamal Saheb & Ors.
SC · 28 April 2023
[2023] 5 S.C.R. 589 : 2023 INSC 458
Civil Procedure Code, 1908 – Or. VII r. XI (a) and (d) – Rejection of plaint – The respondents-plaintiffs had filed a suit in the year 2014 before the Trial Court seeking declaration of title, permanent injunction and ca…
Prem Kishore & Ors. vs Brahm Prakash & Ors.
SC · 29 March 2023
[2023] 4 S.C.R. 635 : 2023 INSC 317
Code of Civil Procedure, 1908 – s. 11, Or. 7 R. 11, Or, 9 R. 8, Or. 17 R. 3 – Delhi Rent Control Act, 1958 – s. 14(1)(a) – The landlord (original plaintiff) filed an eviction petition against the respondent (tenant) – Th…
Ganesh Prasad vs Rajeshwar Prasad and Ors.
SC · 14 March 2023
[2023] 6 S.C.R. 893 : 2023 INSC 228
Code of Civil Procedure, 1908 – Or. VI, R.17 – Or. IX, R.8,9 – Respondent-plaintiff instituted a suit against the appellantdefendant for a declaration that respondents are the lawful owners of the suit property and decre…
Shah Newaz Khan & Ors. vs State of Nagaland & Ors.
SC · 28 February 2023
[2023] 3 S.C.R. 985 : 2023 INSC 176
Code of Civil Procedure, 1908 – ss.24, 25 – Constitution of India – Arts. 214, 231 – Suit – Transfer of – Appellant-plaintiff moved an application u/s. 24 of CPC before the Gauhati High Court (Common High Court for the s…
Sirajudheen vs Zeenath & Ors.
SC · 27 February 2023
[2023] 5 S.C.R. 1 : 2023 INSC 173
Code of Civil Procedure, 1908 – Order XLI Rule 23, 23A, 24, 33 – Remand for trial de novo by the High Court – Justified or not – The two civil suits filed by the plaintiff-respondent No. 1 for cancellation of sale deed a…
S. Murali Sundaram vs Jothibai Kannan & Ors.
SC · 24 February 2023
[2023] 3 S.C.R. 47 : 2023 INSC 161
Code of Civil Procedure, 1908 – Or. XLVII r 1, s.114 – Review of judgment under –Appellant filed writ petition before the High Court against the order of the Tiruchirappalli City Municipal Corporation in respect of the p…
Gas Point Petroleum India Ltd. vs Rajendra Marothi & Ors.
SC · 10 February 2023
[2023] 1 S.C.R. 433 : 2023 INSC 119
Code of Civil Procedure, 1908 – Order XXI, rules 64, 84, 85 and 86 – Execution proceedings – Decree passed in civil suit – Property of judgment debtor auctioned and sold on 03.11.2011 in favour of respondent No.1 for rec…
K. L. Suneja & Anr. vs Dr. (Mrs.) Manjeet Kaur Monga (D) through Her Lr & Anr.
SC · 31 January 2023
[2023] 1 S.C.R. 1079 : 2023 INSC 89
Competition Act, 2002 – Monopolies and Restrictive Trade Practices Act, 1969 – Code of Civil Procedure, 1908 – Payment of interest on instalments towards allotment of a flat under construction which was ultimately cancel…
Nepa Limited through Its Senior Manager (Legal) vs Manoj Kumar Agrawal
SC · 8 December 2022
[2022] 14 S.C.R. 446 : 2022 INSC 1263
Code of Civil Procedure, 1908 – Order XXI, Rule 1 – Arbitration and Conciliation Act, 1996 – ss. 34 and 37 – Interest on award – By award dated 14.04.2000, appellant was held liable to pay Rs. 14,49,300/- to respondent w…

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