Tag: cpc

P&H: Upholds Recall of Witness specified in summons and witness had left part of record unproduced on date of examination, Says Limited Recall Was Justified
18 Aug 2026

(i)  Civil Procedure Code, 1908, O.18.R.17, S.151, Bharatiya Sakshya Adhiniyam, 2023, S.168 — Recall of witne...

P&H: Right of defence is a valuable right and cannot be denied on a strict technical reading of procedural rules.
17 Aug 2026

Civil Procedure Code, 1908, O.8.R.1 — Written Statement — Not filed within time — No intenti...

P&H: Rejects Bid to Amend Replication in Property Suit, Says New Facts Must Be Pleaded in Plaint
14 Aug 2026

(i) Civil Procedure Code, 1908, O6.R.17 — Amendment of Replication — Genuineness or fabrication of agreement...

P&H: Partition suit cannot be rejected at the threshold U.O.7.R.11 CPC.
02 Jun 2026

Civil Procedure Code, 1908, O.7.R.11 - Rejection of plaint - While considering an application for rejection of...

P&H: Additional Evidence Applications Must Be Decided With Appeal; Order Allowing It In Advance Set Aside
30 May 2026

Civil Procedure Code, 1908, O.41.R.27, S.151 — Additional evidence in appeal — Application u/O.41.R.27 r/w S...

P&H: Wife’s Convenience Not Automatic Ground For Transfer Case; 130 Km Distance Not Sufficient
26 May 2026

Civil Procedure Code, 1908, S.24, Hindu Marriage Act, 1955, S.13 — Transfer of matrimonial proceedings — Con...

P&H: CPC: Trial Court Can Allow Additional Material To Support Plea For Vacating Injunction
26 May 2026

Civil Procedure Code, 1908, S.151, O.39.R.4, Constitution of India, Art.227 — Temprory Injunction - Vaca...

P&H: Upholds 1979 Consent Decree Recognising Oral Family Settlement; Says Fraud Must Be Specifically Pleaded And Strictly Prove
26 May 2026

Civil Procedure Code, 1908, O.6.R.4 -- Pleadings - Fraud must be specifically pleaded with full particulars and str...

P&H: Party Proceeded Ex Parte Cannot Lead Evidence Without First Getting Ex Parte Order Set Aside
14 May 2026

Civil Procedure Code, 1908, O.18.R.2 — Evidence by party proceeded ex parte — A defendant who has been proce...

P&H: Appointment of Local Commissioner In Encroachment Dispute; Sets Aside Trial Courts Refusal To Appoint Local Commissioner
14 May 2026

Civil Procedure Code, 1908, O.26.R.9 — Appointment of local commissioner — Suit alleging encroachm...

P&H High Court Enhances Compensation To 7-Year-Old Accident Victim To ₹3.5 Lakh; Accepts Later Disability Certificate As Additional Evidence at Appellate Stage
14 May 2026

Civil Procedure Code, 1908, O.41.R.27 — Additional evidence at appellate stage — Subsequent disability certi...

P&H - Dismissal of application of rejection of plaint upheld by trial court as Only Plaint Averments Matter At Order 7 Rule 11 Stage
13 May 2026

Civil Procedure Code, 1908, O.7.R.11 — Rejection of plaint — Scope and test — Only averments in plaint...

P&H - Money Decree upholds Conditional Stay Requiring Bank Guarantee; Decree-Holder Cannot Be Denied Fruits Pending Appeal
13 May 2026

Civil Procedure Code, 1908, O.41.R.5 — Money decree — Conditional Stay - Condition to furnishing of bank gua...