Category: Civil Procedure Code , 1908

An independent suit challenging compromise/consent decree on ground that it is not lawful is not maintainable. Proper remedy for challenging compromise/consent decree on ground that it is not lawful, reiterated,…

While dealing with an application seeking leave to defend, held, it would not be a correct approach to proceed as if denying leave is the rule or that leave to…

While dealing with an application seeking leave to defend, held, it would not be a correct approach to proceed as if denying leave is the rule or that leave to…

First appellate court is mandatorily required to comply with requirements of Or. 41 R. 31 and non-observance of these requirements lead to infirmity in judgment. Appellate court’s jurisdiction involves a…

In this case, second appeal was filed against dismissal of first appeal for default on ground of delay, without any decision on merits in such first appeal. Only permissible course…

R-3 sold ground floor of his two-storeyed building to appellant inter alia with common right to roof. R-3 decided to construct on the roof. Dispute pertaining to right of R-3…

In this case petitioner wife was resident of Bengaluru and respondent husband, resident of Chennai. Petitioner wife filed two cases before the Family Court at Bengaluru i.e.: (1) petition under…

Relief can only be on the basis of the pleadings alone. Evidence is also to be based on such pleadings. The only exception would be when the parties know each…

The High Court passed an order against the consent decree on the ground that it was obtained by fraud, calling for a report from the Principal City Civil judge and…

Settlement of disputes only through any of the mode prescribed under Section 89 CPC is not sine qua non of sec 89 CPC rather it prescribes few methods through which…