Tag: cpc

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...