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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
Chand Kaur (D) Thr. Lrs. vs Mehar Kaur (D) Thr. Lrs.
SC · 28 March 2019
[2019] 5 S.C.R. 886 : 2019 INSC 413
Code of Civil Procedure, 1908 – s.100 – Second appeals were disposed of by the High Court without framing any substantial question(s) of law – Held: Framing of substantial questions of law in instant appeals was mandator…
Raghwendra Sharan Singh vs Ram Prasanna Singh (Dead) by Lrs
SC · 13 March 2019
[2019] 4 S.C.R. 1069 : 2019 INSC 357
Code of Civil Procedure, 1908 – Or.7, r.11 – Father of the appellant (original plaintiff) and his brother jointly purchased the land in question and executed registered gift deed dtd. 06.03.1981 in favour of the appellan…
Tanuku Taluk Village Officers’ Association vs Tanuku Municipality & Ors. etc.
SC · 12 March 2019
[2019] 4 S.C.R. 1063 : 2019 INSC 349
Code of Civil Procedure, 1908 – s.100 – Two civil suits filed by the appellant against the respondents in relation to the land in question – Suits decreed vide order dated 14.08.1996 – Appellant also filed suit before th…
Varun Pahwa vs Mrs. Renu Chaudhary
SC · 1 March 2019
[2019] 4 S.C.R. 128 : 2019 INSC 304
Code of Civil Procedure, 1908 – O. VI, r.17 – Amendment of pleadings – Appellant-plaintiff as director of a company filed a suit for recovery of Rs.25,00,000/- – Thereafter, plaintiff filed an application for amendment o…
Shivnarayan (D) by Lrs. vs Maniklal (D) Thr. Lrs. & Ors.
SC · 6 February 2019
[2019] 2 S.C.R. 1 : 2019 INSC 152
Code of Civil Procedure, 1908: ss. 16, 17 and 39(1)(c); Order II rr. 2 and 3 – Suit before the Court in Indore – In respect of two properties (One at Indore and another at Mumbai) – Seeking declaration of Will in favour…
Asgar & Ors. vs Mohan Varma & Ors.
SC · 5 February 2019
[2019] 2 S.C.R. 664 : 2019 INSC 144
Code of Civil Procedure, 1908 – Explanation IV to s.11 and Or.XXI rr.97 to 101 – Constructive Res judicata – Respondents instituted Execution Petition for delivery of possession of Schedule ‘B’ property – Application by…
The Commissioner, Mysore Urban Development Authority vs S.S. Sarvesh
SC · 5 February 2019
[2019] 2 S.C.R. 813 : 2019 INSC 147
Code of Civil Procedure, 1908: Or.XLI, r.19 and Or.XLIII, r.1(t) – Dismissal in default – Restoration – Dismissal of first appeal filed by the Development Authority for non-appearance of the counsel – Application filed s…
Ram Lal & Ors. vs Salig Ram & Ors.
SC · 4 February 2019
[2019] 1 S.C.R. 1064 : 2019 INSC 129
Code of Civil Procedure, 1908: Or.XXVI, r.10(3) – Suit for prohibitory injunction – Dismissed by trial court – First Appellate Court framed additional issues as to whether the defendants had encroached over the land in q…
Tek Singh vs Shashi Verma and Anr.
SC · 4 February 2019
[2019] 3 S.C.R. 697 : 2019 INSC 131
Code of Civil Procedure, 1908: s. 115 proviso (As inserted by amendment in 1999) – Revisional jurisdiction of High Court – Scope of – Held: In view of the proviso revisional jurisdiction is not maintainable against inter…
G. Ratna Raj (D) by Lrs. vs Sri Muthukumarasamy Permanent Fund Ltd. & Anr.
SC · 1 February 2019
[2019] 1 S.C.R. 845 : 2019 INSC 123
Code of Civil Procedure, 1908 – Or.XVII, r.2, Explanation – Applicability of – In order to attract Explanation to Or.XVII, r.2, the party which has led evidence and has led substantial part of the evidence if fails to ap…
Shri Rajendra Lalitkumar Agrawal vs Smt. Ratna Ashok Muranjan & Anr.
SC · 31 January 2019
[2019] 1 S.C.R. 815 : 2019 INSC 121
Code of Civil Procedure, 1908 – s. 100(4), (5) – Second appeal – Substantial question of law – On facts, suit for specific performance of contract on basis of an agreement – Decreed by the trial court, however, set aside…
Pyarelal vs Shubhendra Pilania (Minor) through Natural Guardian (Father) Shri Pradeep Kumar Pilania & Ors.
SC · 29 January 2019
[2019] 1 S.C.R. 717 : 2019 INSC 104
Code of Civil Procedure, 1908: s. 9 – Jurisdiction of civil court – Whether barred – For trying suit in respect of agricultural land for relief to declare the gift deed void and to restrain respondent Nos. 1 to 5 from al…
Murti Bhawani Mata Mandir Rep. through Pujari Ganeshi Lal (D) through Lr. Kailash vs Ramesh & Ors.
SC · 21 January 2019
[2019] 2 S.C.R. 529 : 2019 INSC 61
Code of Civil Procedure, 1908 – s.144 – When not attracted – Suit for permanent injunction instituted by one ‘GL’ for restraining respondent nos.1, 2 and one ‘G’ from interfering with the possession of the plaintiff over…
Authorised Representative Ms. Natalia Voruz & Others vs Nuziveedu Seeds Ltd. Thru the
SC · 8 January 2019
[2019] 1 S.C.R. 145 : 2019 INSC 35
Code of Civil Procedure, 1908: s.9 – Suit / Counter Claim – Adjudication – Procedure for – Suit seeking permanent injunction against defendants, restraining them from using their registered trade-mark in violation of the…
State of Rajasthan & Ors. vs Gram Vikas Samiti, Shivdaspura
SC · 7 January 2019
[2019] 1 S.C.R. 59 : 2019 INSC 17
Code of Civil Procedure, 1908 – s.100 – Substantial question of law – Suit filed by respondent-society against the State and its authorities seeking permanent injunction against appellants restraining them from interferi…
Sneh Lata Goel vs Pushplata & Ors.
SC · 7 January 2019
[2019] 1 S.C.R. 463 : 2019 INSC 22
Code of Civil Procedure, 1908 – ss.21 and 47 – Partition suit was instituted – Final decree was passed confirming the preliminary decree – Further, supplementary final decree was also passed – Appellant filed proceedings…
The State of Jharkhand vs Surendra Kumar Srivastava & Ors.
SC · 3 January 2019
[2019] 1 S.C.R. 25 : 2019 INSC 5
Code of Civil Procedure, 1908 – O.XXXIX, rr.1 and 2 – Suit seeking permanent injunction along with the application under O.XXXIX rr.1 and 2 for temporary injunction to restrain Electricity Board from interfering with the…
Uttaradi Mutt vs Raghavendra Swamy Mutt
SC · 26 September 2018
[2018] 12 S.C.R. 208 : 2018 INSC 885
Code of Civil Procedure, 1908 – Or. XLI, r.27 – Application under, allowed – Propriety of – Suit for injunction filed by the appellant-plaintiff against respondent-defendant – Suit dismissed by trial court – Appellant fi…
Biswajit Sukul vs Deo Chand Sarda & Ors.
SC · 25 September 2018
[2018] 11 S.C.R. 498 : 2018 INSC 874
Code of Civil Procedure, 1908 – Or.XLI, r.22 – Appellantplaintiff filed a suit for arrears of rent and eviction against the respondents-defendants – Suit was dismissed by the trial Court on finding that the defendant no.…
Narayana Gramani & Ors. vs Mariammal & Ors.
SC · 11 September 2018
[2018] 9 S.C.R. 430 : 2018 INSC 802
Code of Civil Procedure, 1908: s. 100 – Second appeal – Power of the High Court while deciding the second appeal – Scope and ambit of – On facts, in second appeal, the High Court allowed the defendants’ appeal and set as…
M/s Kohinoor Transporters vs State of Uttar Pradesh
SC · 21 August 2018
[2018] 10 S.C.R. 12 : 2018 INSC 731
Code of Civil Procedure, 1908: s.47 – Money decree – Execution proceedings – Both the parties filed their respective statements of calculations in regard to the amount due under the decree of the Court – Executing Court…
M/s Kohinoor Transporters vs State of Uttar Pradesh
SC · 21 August 2018
[2018] 10 S.C.R. 22 : 2018 INSC 731
Code of Civil Procedure, 1908: s.47 – Money decree – Execution proceedings – Both the parties filed their respective statements of calculations in regard to the amount due under the decree of the Court – Executing Court…
Ved Pal (D) through Lrs & Ors. vs Prem Devi (D) through Lrs & Ors.
SC · 10 August 2018
[2018] 9 S.C.R. 1052 : 2018 INSC 692
Code of Civil Procedure, 1908 – O. XXIII, r.3-A and s.96(3) – High Court disposed of the second appeal in terms of the alleged compromise arrived at between the parties and decreed the suit – Review application filed by…
The Corporation of Madras & Anr. vs M. Parthasarathy & Ors.
SC · 10 August 2018
[2018] 10 S.C.R. 900 : 2018 INSC 689
Code of Civil Procedure, 1908 – O.41, r.27, O.41, r.25 and O.41, r.23-A – Additional document – Respondents-plaintiffs claimed to be the owners of the suit land – They filed civil suits for permanent injunction against t…
State of Assam vs Union of India and Ors.
SC · 20 July 2018
[2018] 6 S.C.R. 593 : 2018 INSC 627
Code of Civil Procedure, 1908: Order XI r. 14, Order VII r. 14 – Production of documents-topographical maps – Boundary dispute between Assam and Nagaland – Production of certified copy of topo-sheets by a person concerne…
Vijay Arjun Bhagat & Ors. vs Nana Laxman Tapkire & Ors.
SC · 11 May 2018
[2018] 4 S.C.R. 452 : 2018 INSC 491
Code of Civil Procedure, 1908 – s.100 – Substantial question of law – High Court instead of deciding the second appeal on the six substantial questions of law which were framed at the time of admission, allowed the appea…
Siddagangaiah (D) Thr. Lrs. vs N.K. Giriraja Shetty (D) Thr. Lrs.
SC · 11 May 2018
[2018] 6 S.C.R. 457 : 2018 INSC 506
Code of Civil Procedure, 1908: Or.XXI r.90, r/w s.47 – Suit for title and declaration filed on the basis of purchase of suit property from defendant no.1 – Defendant no. 2 who is wife of defendant no. 1 contended that de…
Canara Bank vs N. G. Subbaraya Setty & Anr.
SC · 20 April 2018
[2018] 3 S.C.R. 884 : 2018 INSC 385
Code of Civil Procedure, 1908 – s.11 – Res judicata – General rule and its exceptions – Erroneous decision given on a statutory prohibition in former suit – Statutory prohibition not given effect to – Plea of res judicat…
Sucha Singh Sodhi (D) Thr. Lrs. vs Baldev Raj Walia & Anr.
SC · 13 April 2018
[2018] 3 S.C.R. 324 : 2018 INSC 338
Code of Civil Procedure, 1908: O.II, r.2 – Suit to include the whole claim – On facts, first suit seeking injunction by original plaintiff against respondent no 1 withdrawn with the leave of the court – Later suit for sp…
Chhotanben and Anr. vs Kiritbhai Jalkrushnabhai Thakkar and Ors.
SC · 10 April 2018
[2018] 3 S.C.R. 422 : 2018 INSC 319
Code of Civil Procedure, 1908: Order VII, r.11(d) – Suit for declaration and permanent injunction – Alleging therein that the suit property was transferred by the defendants (co-owners) without knowledge of plaintiffs an…

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