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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
Sri V.N. Krishna Murthy & Anr. etc. etc. vs Sri Ravikumar & Ors. etc. etc.
SC · 21 August 2020
[2020] 7 S.C.R. 1148 : 2020 INSC 502
Code of Civil Procedure, 1908 – ‘Judgment in rem’; ‘aggrieved party’ – When not – Owners of the land in dispute executed an agreement to sell in favour of a Society – A General Power of Attorney (GPA) in favour of office…
M/s Exl Careers and Another vs Frankfinn Aviation Services Private Limited
SC · 5 August 2020
[2020] 6 S.C.R. 289 : 2020 INSC 477
Code of Civil Procedure, 1908: Order VII Rules 10 and 10A – Return of the Plaint – To be presented in the Court having appropriate jurisdiction – Whether the suit to proceed de novo or to continue from the stage where it…
Dahiben vs Arvindbhai Kalyanji Bhanusali
SC · 9 July 2020
[2020] 5 S.C.R. 694 : 2020 INSC 450
Code of Civil Procedure, 1908 – Or.VII, r. 11 (a) & (d) – C Rejection of plaint, if suit is barred by Limitation and does not disclose cause of action – The plaintiffs sold the suit property to respondent no.1-purchaser…
Shakti Bhog Food Industries Ltd. vs The Central Bank of India & Anr.
SC · 5 June 2020
[2020] 6 S.C.R. 538 : 2020 INSC 413
Code of Civil Procedure, 1908 – Or.7, r.11(d) – Limitation Act, 1963 – Art.113 – The appellant filed suit on 23.02.2005 for a decree for rendition of true and correct accounts in respect of the interest/commission charge…
Triloki Nath Singh vs Anirudh Singh (D) Thr. Lrs. & Ors.
SC · 6 May 2020
[2020] 4 S.C.R. 650 : 2020 INSC 385
Code of Civil Procedure, 1908 – Or. 23, r. 3 A – The appellantplaintiff, stranger to a Compromise decree, filed suit seeking a declaration that the Compromise decree by the High Court on 15.09.1994 in the second appeal w…
Ashok Kumar Gupta & Anr. vs M/s Sitalaxmi Sahuwala Medical Trust and Others
SC · 3 March 2020
[2020] 2 S.C.R. 983 : 2020 INSC 255
Code of Civil Procedure, 1908 – s.92 – Suit filed by appellantsplaintiffs (husband and wife) who are Trustees of 1st defendant Trust, a Public Charitable Trust – Four trustees under the Deed of Trust are both the plainti…
Canara Bank vs P. Selathal and Ors. Etc.Etc.
SC · 28 February 2020
[2020] 2 S.C.R. 944 : 2020 INSC 234
Code of Civil Procedure, 1908 – Or.7, r.11 – Rejection of Plaint – The appellant-bank sanctioned and granted a term loan to a partnership firm – The said loan was secured by mortgage of immovable property belonging to th…
Malluru Mallappa (D) Thr. Lrs. vs Kuruvathappa & Ors.
SC · 12 February 2020
[2020] 2 S.C.R. 789 : 2020 INSC 173
Code of Civil Procedure, 1908 – ss.96, 100 and Or.XLI, r.31 – Appellant-plaintiff filed suit against respondents-defendants for specific performance of agreement to sell – Defendant no.1 pleaded that the suit was barred…
Atma Ram vs Charanjit Singh
SC · 10 February 2020
[2020] 3 S.C.R. 697 : 2020 INSC 162
Code of Civil Procedure, 1908 – s.149; Or. VI, r.17 – Respondent agreed to sell immovable property to petitioner under an agreement entered in 1994 – Earnest money was paid – Petitioner issued legal notice in 1996 claimi…
Sri Prabodh Ch. Das and Anr. vs Mahamaya Das and Ors.
SC · 13 December 2019
[2019] 15 S.C.R. 19 : 2019 INSC 1371
Code of Civil Procedure, 1908 – Explanation to r.17(1) of Or.41 – Dismissal of appeal for appellant’s default – The matter was listed for hearing before the High Court, when the matter was taken up, the counsel for appel…
Vurimi Pullarao S/O Satyanarayana vs Vemari Vyankata Radharani W/O Dhankoteshwarrao & Anr.
SC · 27 November 2019
[2019] 18 S.C.R. 1125 : 2019 INSC 1291
Code of Civil Procedure, 1908: Order 2 Rule 2 – Relinquishment of part of claim – Bar under Order 2 Rule 2 – When attracted – On facts, plaintiff–appellant filed suit for injunction restraining defendant–respondent from…
Nusli Neville Wadia vs Ivory Properties & Ors.
SC · 4 October 2019
[2019] 15 S.C.R. 795 : 2019 INSC 1138
Code of Civil Procedure, 1908: s.9A (as inserted by Maharashtra Amendment Act, 1977) – Jurisdiction – Preliminary issue of limitation – Held: Issue of limitation cannot be decided as preliminary issue – The decision in K…
Sudam Kisan Gavane (D) Thr. Lrs. & Ors. vs Manik Ananta Shikketod (D) by Lrs. & Ors.
SC · 29 August 2019
[2019] 12 S.C.R. 70 : 2019 INSC 977
Code of Civil Procedure, 1908: s.100 – Non-framing of substantial questions of law at the time of dictation of the judgment – Held: This procedure is not fair to the parties – The parties must know what are the substanti…
State of Rajasthan & Ors. vs Shiv Dayal & Anr.
SC · 14 August 2019
[2019] 10 S.C.R. 243 : 2019 INSC 900
Code of Civil Procedure, 1908: s.100 – Substantial questions of law – Suit by respondent no.1 against the appellant-State and its authorities seeking grant of permanent injunction against the State and its authorities fr…
State of Andhra Pradesh & Ors. vs B. Ranga Reddy (D) by Lrs & Ors.
SC · 9 August 2019
[2019] 10 S.C.R. 143 : 2019 INSC 886
Code of Civil Procedure, 1908 – ss.11, 96 and Or. XLI, r.22, Or.XLI, r.33 – Three separate suits were filed against the defendants including the State – First and second suit were in respect of land falling in Survey No.…
Shamsher Singh & Anr. vs Lt. Col. Nahar Singh (D) Thr. Lrs. & Ors.
SC · 29 July 2019
[2019] 9 S.C.R. 1155 : 2019 INSC 820
Code of Civil Procedure, 1908: Or. XXI, r. 101 – Scope of – Pursuant to a court decree possession of the property in question given to the decree-holders, after dispossessing the respondent – Respondent filed application…
Gurmit Singh Bhatia vs Kiran Kant Robinson and Others
SC · 17 July 2019
[2019] 9 S.C.R. 593 : 2019 INSC 770
Code of Civil Procedure, 1908 – Or.1, r.10 – Impleadment of party – Respondent nos. 2 & 3-original plaintiffs filed a suit against respondent no.1-original defendant no.1 for specific performance of the agreement to sell…
Sudin Dilip Talaulikar vs Polycap Wires Pvt. Ltd. and Others
SC · 15 July 2019
[2019] 9 S.C.R. 279 : 2019 INSC 757
Code of Civil Procedure, 1908: Or. XXXVII, r.3(5) – Summary suit filed against appellant for recovery of Rs.64.18 lacs – Prior to filing of summary suit, the respondent had filed criminal case under s.138 of N.I. Act for…
Sobha Singh and Sons Pvt. Ltd. vs Shashi Mohan Kapur (Deceased) Thr. L.R.
SC · 15 July 2019
[2019] 9 S.C.R. 949 : 2019 INSC 756
Code of Civil Procedure, 1908 – Or. XX, rr. 6, 6A & 7, Or. 21, rr.2, 11(2) & (3) and Or. XXIII, r.3 and ss. 35-A, 151 – Appellantlandlord is the decree holder and the respondent is the judgment debtor – Appellant let out…
Pam Developments Private Ltd. vs State of West Bengal
SC · 12 July 2019
[2019] 9 S.C.R. 252 : 2019 INSC 755
Arbitration and Conciliation Act, 1996 – Code of Civil Procedure, 1908 – Effect of s. 36 of the Arbitration Act, vis-a-vis the provisions of Or. XXVII, r. 8A of CPC – Respondent-State invited tender relating to the work…
R. S. Anjayya Gupta vs Thippaiah Setty & Ors.
SC · 1 July 2019
[2019] 8 S.C.R. 869 : 2019 INSC 699
Code of Civil Procedure, 1908 – s.96 and Or.41,r. 31 – Respondent no.1 (original plaintiff) filed a suit for partition of certain properties against appellant (defendant no.1), respondent no.2 (defendant no.2), and origi…
Pramod Kumar & Anr. vs Zalak Singh & Ors.
SC · 10 May 2019
[2019] 7 S.C.R. 919 : 2019 INSC 666
Code of Civil Procedure, 1908: Order II, Rule 2(1) – Suit to include the whole claim – Two alienations by father of separate areas of the ancestral property, on different dates – Filing of separate suits for setting asid…
Karuna Kansal vs Hemant Kansal & Anr.
SC · 9 May 2019
[2019] 7 S.C.R. 477 : 2019 INSC 662
Code of Civil Procedure, 1908: Or. 43, r. 1(d) – Appeal from orders – Appeal u/Or. 43 r. 1(d) by first wife-respondent no.2 against the husband-respondent no.1, against the order passed by the trial court refusing to con…
Arulmighu Nellukadai Mariamman Tirukkoil vs Tamilarasi (Dead) by Lrs.
SC · 7 May 2019
[2019] 7 S.C.R. 361 : 2019 INSC 642
Code of Civil Procedure, 1908 – s. 100 – Second appeal – Appellant-Plaintiff filed a civil suit against the original respondentdefendant for her eviction from the suit property – Trial court decreed the suit – First appe…
Thulasidhara & Another vs Narayanappa & Others
SC · 1 May 2019
[2019] 8 S.C.R. 212 : 2019 INSC 603
Code of Civil Procedure, 1908: s.100 – Exercise of power under, scope – Suit for title and permanent injunction based on sale deed – Claim of defendants that suit property fell into share of husband of defendant no.1 and…
Y. Savarimuthu vs State of Tamil Nadu & Ors.
SC · 30 April 2019
[2019] 7 S.C.R. 947 : 2019 INSC 592
Code of Civil Procedure, 1908 – s.80 – Notice – AppellantGovernment Contractor and respondent-State entered into an agreement for strengthening the two-line pavement of NH7 – Dispute arose between the parties – Superinte…
Hari Steel and General Industries Ltd. & Anr. vs Daljit Singh & Ors.
SC · 24 April 2019
[2019] 6 S.C.R. 819 : 2019 INSC 569
Code of Civil Procedure, 1908 – Or. XII, r.6 – Judgment on admission – Respondents-plaintiffs case that appellant no.2defendant approached them for sale of suit property and the franchisee rights in respect of the runnin…
Indian Oil Corporation Limited vs State of U.P. & Ors.
SC · 22 April 2019
[2019] 6 S.C.R. 601 : 2019 INSC 548
Code of Civil Procedure, 1908 – s.11, Explanation IV – Respondent-State enacted the 2007 Act after the High Court declared the 2000 Act to be ultra vires inter alia holding that Entry Tax levied on crude oil does not ful…
Shailndra Kumar Jain and Others vs Maya Prakash Jain and Others
SC · 9 April 2019
[2019] 5 S.C.R. 631 : 2019 INSC 501
Code of Civil Procedure, 1908 – Or.1, r.10 – Suit filed in 1966 by one of the son against his parents, three brothers (defendant nos.1 to 5) and four sisters (defendant nos.6 to 9), seeking declaration that certain prope…
Pawan Kumar vs Babulal Since Deceased through Lrs. and Ors.
SC · 2 April 2019
[2019] 5 S.C.R. 1141 : 2019 INSC 454
Code of Civil Procedure, 1908: Or. VII r.11 – Application under – In a suit for declaration of title – Seeking rejection of plaint on the ground that the suit was barred u/s. 4 of Benami Transaction (Prohibition) Act – T…

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