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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
Uma Pandey & Anr. vs Munna Pandey & Ors.
SC · 9 April 2018
[2018] 3 S.C.R. 1056 : 2018 INSC 314
Code of Civil Procedure, 1908 – s.100 – Second appeal involving substantial question of law, dismissed in limine – Propriety of – Appellants-plaintiffs filed suit against respondents-defendants for partition and separate…
Andanur Kalamma and Ors. vs Gangamma (Dead) by L.Rs.
SC · 6 March 2018
[2018] 3 S.C.R. 177 : 2018 INSC 204
Code of Civil Procedure, 1908: s.11 – Res judicata – Auction sale of property in question confirmed in favour of respondents – Challenged by appellants in a writ petition – High Court dismissed the petition, however, obs…
Akhilesh Singh @ Akhileshwar Singh vs Lal Babu Singh & Ors.
SC · 21 February 2018
[2018] 1 S.C.R. 1085 : 2018 INSC 184
Code of Civil Procedure, 1908: Or. LXI, r.2 proviso and r.27 – Additional evidence – In appellate court – Accepted and simultaneously judgment pronounced in the main case, without giving opportunity to the opposite party…
Surat Singh (Dead) vs Siri Bhagwan & Ors.
SC · 19 February 2018
[2018] 1 S.C.R. 1063 : 2018 INSC 170
Code of Civil Procedure, 1908 : s. 100 – Second appeal – Substantial question of law – On facts, the High Court allowed the second appeal, after hearing the appellant of second appeal only and not hearing the contesting…
G. Saraswathi & Anr. vs Rathinammal & Ors.
SC · 15 February 2018
[2018] 2 S.C.R. 548 : 2018 INSC 142
Code of Civil Procedure, 1908 – Or. XLI, r.31 – Appellants filed a suit against the respondents for specific performance of agreement – Trial Court decreed the suit – Single Judge, High Court set aside the judgment/decre…
Auto Cars vs Trimurti Cargo Movers Pvt. Ltd. & Ors.
SC · 15 February 2018
[2018] 10 S.C.R. 466 : 2018 INSC 150
Code of Civil Procedure, 1908 – s. 27, Appendix-B r/w. Or.V, r.20(3) and Or. IX, r.13 – Respondent No.1-Plaintiff filed a suit in the High Court at Calcutta for recovery of money – Summons sent to Appellant-defendant No.…
Mahanth Satyanand @ Ramjee Singh vs Shyam Lal Chauhan and Others
SC · 8 February 2018
[2018] 2 S.C.R. 521 : 2018 INSC 117
Code of Civil Procedure, 1908: O.XXII, r.5 – Impleadment of legal representative in pending appeal – High Court allowing impleadment applications preferred by rival contenders entitling both the contenders to raise their…
M/s Neerja Realtors Pvt Ltd vs Janglu (Dead) Thr. Lr.
SC · 29 January 2018
[2018] 1 S.C.R. 359 : 2018 INSC 67
Code of Civil Procedure, 1908: Or. V, rr. 17 and 20 – Application for susbstituted service – Allowed – Subsequent to substitued service by publicatin, ex-parte decree – Appeal under s.96 CPC – Allowed by High Court – On…
Jayaprakash & Anr. vs T. S. David & Ors.
SC · 25 January 2018
[2018] 1 S.C.R. 262 : 2018 INSC 61
Code of Civil Procedure, 1908 – Or.IX, r.13 – Setting aside of ex parte decree – Suit for specific performance of agreement for sale of suit property filed by appellants on the ground that respondents-defendant nos.1 and…
N. C. Bansal vs Uttar Pradesh Financial Corporation & Anr.
SC · 25 January 2018
[2018] 1 S.C.R. 353 : 2018 INSC 62
Code of Civil Procedure, 1908 – Or.7, r.14 and Or.6, r.17 – Whether in the pending suit in question, the two Courts below were justified in dismissing the three applications filed by the plaintiff (i) application u/Or.7,…
Kanaklata Das & Ors. vs Naba Kumar Das & Ors.
SC · 25 January 2018
[2018] 1 S.C.R. 806 : 2018 INSC 56
Code of Civil Procedure, 1908 – Or. I, r.10(2) – Respondent No.1 sought permission u/Or. I, r.10(2) to become co-plaintiff in the ejectment suit filed by the appellants-plaintiffs against respondent Nos. 2 to 5-defendant…
Ramji Singh Patel vs Gyan Chandra Jaiswal
SC · 11 January 2018
[2018] 1 S.C.R. 688 : 2018 INSC 23
Code of Civil Procedure, 1908 – s.100 – Second appeal – Respondent ran the business of flour mill (Atta Chakki) etc., since 1990, which initially operated on electricity, from his residential accommodation – Appellant, i…
Nagaiah and Another vs Smt. Chowdamma (Dead) by Lrs. and Another
SC · 8 January 2018
[2018] 1 S.C.R. 126 : 2018 INSC 6
Code of Civil Procedure, 1908: Or. XXXII, rr.1,3,6,7,9,12,13 and 14 – Suit by plaintiff No.1 on his as well as on behalf of his minor brother (Plaintiff No.2) – Against their father (defendant No.1) – Seeking declaration…

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