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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
Prakash Corporates vs Dee Vee Projects Limited
SC · 14 February 2022
[2022] 8 S.C.R. 889 : 2022 INSC 180
Code of Civil Procedure, 1908: O.V r.1, O.VIII r.1, O.VIII r.10 – Extension of time period for filing written statement in view of the orders passed and issued in the wake of COVID-19 pandemic – On 21.12.2020 plaintiff-r…
M/s. Sree Surya Developers and Promoters vs N. Sailesh Prasad and Ors.
SC · 9 February 2022
[2022] 3 S.C.R. 1081 : 2022 INSC 167
Code of Civil Procedure, 1908: Or. XXIII r.3A – Challenge to Compromise Decree by instituting a separate suit – Maintainability of – Held: Or.XXIII r.3A states that no suit shall lie to set aside a decree on the ground t…
Ajanta LLP vs Casio Keisanki Kabushiki Kaisha D/B/A Casio Computer Co. Ltd.
SC · 4 February 2022
[2022] 16 S.C.R. 308 : 2022 INSC 151
Code of Civil Procedure, 1908 – ss. 152 and 153 r/w. s.151 – Application filed for correction/ rectification/ amendment of the judgment – Respondent applied for a design registration for its electronic calculator namely…
Messer Griesheim Gmbh a (Now Called Air Liquide Deutschland Gmbh) vs Goyal Mg Gases Pvt. Ltd.
SC · 28 January 2022
[2022] 8 S.C.R. 93 : 2022 INSC 113
Code of Civil Procedure, 1908: s. 44A – Execution of decrees passed by courts in reciprocating territory – Execution of money decree (in excess of Rs.20 lakhs) of a foreign court which is notified as a superior court of…
K. Arumuga Velaiah vs P.R. Ramasamy and Anr.
SC · 27 January 2022
[2022] 11 S.C.R. 692 : 2022 INSC 103
Code of Civil Procedure, 1908 – Res Judicata –Registration Act, 1908 – s.17 – One ‘PS’ had two wives – From his first wife, he had 4 daughters and a son (first defendant) and through his second wife he had two sons; seco…
Mamtaz & Ors. vs Gulsuma alias Kulusuma
SC · 18 January 2022
[2022] 1 S.C.R. 984 : 2022 INSC 58
Civil Procedure Code, 1908 – Or.9 r 13 – sec. 96 – Ex-Parte Decree – Setting aside – Power of Appellate Court – Condonation of Delay – In Absence of Application – The appellants filed a suit for declaration and possessio…
B. L. Kashyap and Sons Ltd. vs M/s Jms Steels and Power Corporation & Anr.
SC · 18 January 2022
[2022] 1 S.C.R. 1024 : 2022 INSC 60
Code of Civil Procedure, 1908 – Or. XXXVII – Summary Suits – Leave to defend – Plaintiff-respondent no.1 is registered partnership firm, manufacturer and supplier of iron and steel products – It had supplied 200 tons of…
Bangalore Development Authority vs N. Nanjappa and Another
SC · 6 December 2021
[2021] 9 S.C.R. 351 : 2021 INSC 827
Code of Civil Procedure, 1908: Or.XXI r.97 r/w s.151 CPC – Resistance/obstruction to possession of immovable property – Case of appellant-BDA was that the land in question was acquired by it under the provisions of 1976…
Hasmat Ali vs Amina Bibi & Ors.
SC · 29 November 2021
[2021] 11 S.C.R. 42 : 2021 INSC 800
Code of Civil Procedure, 1908 – s.100 and Or.XLII, rr.1to 3 – A suit was filed to seek a declaration that the defendant was a tenant of the plaintiff till 31.03.2003, eviction of the defendant from the suit scheduled pro…
Vaishno Devi Construction Rep. Thr. Sole Proprietor (D) Thr. Lrs & Anr. vs Union of India & Ors.
SC · 21 October 2021
[2021] 10 S.C.R. 59 : 2021 INSC 655
Code of Civil Procedure, 1908 – Or.XXI, r.16 – Execution of Decrees and Orders – Application for execution by transferee of decree – Addition of the Explanation to Or.XXI, r.16 of the CPC, pursuant to recommendation made…
V. Prabhakara vs Basavaraj K. (Dead) by Lr. & Anr.
SC · 7 October 2021
[2021] 11 S.C.R. 377 : 2021 INSC 626
Will – Indian Succession Act – s.63 – Evidence Act – s.68 – Code of Civil Procedure, 1908 – s.96 – Suit for declaration and possession of suit property – Appellant claimed title over the property on the basis of register…
Dipali Biswas & Ors. vs Nirmalendu Mukherjee & Ors.
SC · 5 October 2021
[2021] 10 S.C.R. 216 : 2021 INSC 616
Code of Civil Procedure, 1908: Or.21 r. 64 – Execution of money decree – Attachment of 117 decimal of land (app. 7450 sq. feet) – Sale proclamation – Auction sale – Issuance of Sale Certificate – Application by auction p…
Mohd. Raza & Anr. vs Geeta @ Geeta Devi
SC · 4 October 2021
[2021] 8 S.C.R. 772 : 2021 INSC 609
Code of Civil Procedure, 1908: Or.XII r.6 – Decree on admission – Respondent-plaintiff filed suit for possession, mandatory/ permanent injunction and mesne profit with respect to suit property against defendants-appellan…
Avtar Singh & Ors. vs Bimla Devi & Ors.
SC · 29 September 2021
[2021] 6 S.C.R. 239 : 2021 INSC 569
Code of Civil Procedure, 1908 – s.100 – Punjab Courts Act, 1918 – Suit filed by respondents / plaintiffs alleging that defendant Nos. 2 to 4 broke the lintel portion of the roof (of the first floor of the building) illeg…
Vishwabandhu vs Sri Krishna and Anr.
SC · 29 September 2021
[2021] 9 S.C.R. 15 : 2021 INSC 570
Code of Civil Procedure, 1908 – Or. IX, r.13; Or. V, r.9(5) – Respondent no.2 filed suit for recovery against respondent no.1 alleging that he failed to refund the money received by him towards part sale consideration fo…
The Jamia Masjid vs Sri K V Rudrappa (Since Dead) by Lrs. & Ors.
SC · 23 September 2021
[2021] 11 S.C.R. 672 : 2021 INSC 528
Code of Civil Procedure, 1908 – s.11 – Res judicata – Appellant-Jama Masjid Gubbi instituted a suit through its president seeking, inter alia, declaration that the State Wakf Board is the owner in possession of the suit…
Rajendra Bajoria and Others vs Hemant Kumar Jalan and Others
SC · 21 September 2021
[2021] 10 S.C.R. 607 : 2021 INSC 514
Code of Civil Procedure, 1908 – Or.VII, r.11 – Rejection of Plaint – A partnership firm was constituted under deed of partnership dated 06.12.1943 – None of the original partners are alive – Plaintiffs and defendants are…
Salim D. Agboatwala and Ors. vs Shamalji Oddhavji Thakkar and Ors.
SC · 17 September 2021
[2021] 9 S.C.R. 103 : 2021 INSC 486
Code of Civil Procedure, 1908 – Or.VII, r.11(d) – Maharashtra Tenancy and Agricultural Lands Act, 1948 – ss.32G, 32M, 85 and 85-A – The plaintiffs’ case that one ‘H’ died in the year 1946 and thereafter a suit was filed…
Satya Prakash Dwivedi vs Munna alias Chandrabhan Yadav and Others
SC · 17 September 2021
[2021] 9 S.C.R. 259 : 2021 INSC 491
Code of Civil Procedure, 1908 – Or.XLI r.33 – Power of Court of Appeal – Appellant-claimant met with an accident and sustained grievous injuries – Appellant filed claim petition – Tribunal passed the judgment and order a…
K. N. Nagarajappa & Ors. vs H. Narasimha Reddy
SC · 9 September 2021
[2021] 6 S.C.R. 109 : 2021 INSC 461
Code of Civil Procedure, 1908 – s.103 – High Courts’ jurisdiction to appreciate factual issues u/s.103 CPC – Held: High Courts are empowered to exercise limited factual review u/s.103 CPC – The rule that sans a substanti…
Srihari Hanumandas Totala vs Hemant Vithal Kamat & Ors.
SC · 9 August 2021
[2021] 8 S.C.R. 387 : 2021 INSC 387
Code of Civil Procedure 1908: Or. 7 r. 11 – Rejection of plaint – Application u/Or. 7 r. 11 – When permissible – On facts, matter pertaining to property dispute wherein property initially in the name of first respondent…
Ramdas Waydhan Gadlinge (Since Deceased) Thr Lrs. Vatsalabai Ramdas Gadlinge & Ors. vs Gyanchand Nanuram Kriplani (Dead) Thr Lrs. Dhrupadabai & Ors.
SC · 28 July 2021
[2021] 6 S.C.R. 866 : 2021 INSC 363
Code of Civil Procedure, 1908 – Order XLII and XLI and s.100 – Suit for recovery of possession and damages – Dismissed by trial court – First Appellate Court reversed the decision, and decreed the suit – Second appeal di…
Sayyed Ayaz Ali vs Prakash G Goyal & Ors.
SC · 20 July 2021
[2021] 6 S.C.R. 661 : 2021 INSC 342
Code of Civil Procedure, 1908: s.96; Or.7 r.11 – Rejection of plaint – Writ petition by plaintiff challenging the order of trial court allowing the application filed under Or.7 r.11 – Maintainability of – Held: The defin…
R. Janakiammal vs S.K. Kumarasamy(Deceased) through Legal Representatives and Others
SC · 30 June 2021
[2021] 6 S.C.R. 333 : 2021 INSC 316
Code of Civil Procedure, 1908: Or.XXIII r.3 – Compromise decree – r.3 of Or. XXIII provides that where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement…
Subodh Kumar vs Shamim Ahmed
SC · 3 March 2021
[2021] 1 S.C.R. 1111 : 2021 INSC 146
Provincial Small Cause Courts Act, 1887 – s.17 – U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – s. 30(2) – Code of Civil Procedure, 1908 – Or. 9, R.13 – In the year 1994 a suit was filed by t…
Narayan Sitaramji Badwaik (Dead) through Lrs. vs Bisaram and Others
SC · 17 February 2021
[2021] 1 S.C.R. 701 : 2021 INSC 94
Code of Civil Procedure, 1908 – s. 100 and s.103 – Second Appeal – Appellant had filed suit for possession of the property in dispute on the basis of a sale deed dated 26.09.1978 – Respondent contended that no such sale…
H. S. Goutham vs Rama Murthy and Anr. etc.
SC · 12 February 2021
[2021] 4 S.C.R. 996 : 2021 INSC 82
Code of Civil Procedure, 1908 – Or.XXI, r.92 r/w r.94, Or.XLI, rr.27-29 –Defendants (mortgagers) failed to repay the borrowed amount, father of appellant-original plaintiff filed suit – Consent decree passed – Plaintiff…
Kirpa Ram (Deceased) through Legal Representatives & Ors. vs Surendra Deo Gaur & Ors.
SC · 16 November 2020
[2020] 13 S.C.R. 1030 : 2020 INSC 640
Code of Civil Procedure, 1908: s.9 – Jurisdiction of civil court, when not barred – Suit filed by respondents and for permanent injunction claiming that the suit land situated in the revenue estate of Village Basai Darap…
Shri Ram Sahu (Dead) through Lrs. vs Vinod Kumar Rawat & Ors.
SC · 3 November 2020
[2020] 11 S.C.R. 865 : 2020 INSC 627
Code of Civil Procedure, 1908 – s.114 and Or. 47, r. 1 – Review of Judgment by the High Court – Predecessor of the appellants filed a civil suit against the respondents-original defendants for declaration of registered s…
Nazir Mohamed vs J. Kamala and Ors.
SC · 27 August 2020
[2020] 7 S.C.R. 763 : 2020 INSC 511
Code of Civil Procedure, 1908: s.100 – Second appeal – Nature and scope of – Held: A right to appeal is conferred by a statute – If the statute confers a limited right of appeal, the Court cannot expand the scope of the…

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