CPC
Composite Appeal Against Common Judgment In Suits By Same Plaintiff Is Maintainable: Supreme Court
The Supreme Court on Wednesday (August 12) held that a composite appeal against a common judgment passed in the suits filed by the same plaintiff would be maintainable. A bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar set aside the Karnataka High Court's judgment, which had interfered with the First Appellate Court's decision to entertain a composite appeal filed by the Appellant against a common judgment adjudicating two suits instituted by the Appellant (plaintiff). “…we are...
'Challenge To Decree As Nullity Due To Abatement Must Be Raised Before Executing Court U/S 47 CPC, Not By Separate Suit': Bombay High Court
The Bombay High Court has held that an objection to the execution of a decree on the ground that it is a nullity by reason of abatement of the suit has to be adjudicated by the executing Court under Section 47 of the CPC and cannot be raised by way of a separate suit. The Court observed that Section 47 and Order XXI Rules 97 and 101 vest the powers in executing court to decide the question...
Ambulance Scam Defamation Case: Kerala High Court Sets Aside ₹5L Award Against BJP Leader Kirit Somaiya, Remands Case
The Kerala High Court has set aside the ₹5 lakhs compensation awarded to Ravi Krishna, who is the son of former Minister of Overseas Indian Affairs, and his company in the defamation suit filed against BJP leader Dr. Kirit Somaiya relating to the Ambulance Scam. [2026 LiveLaw (Ker) 438]The Ambulance Scam case refers to the alleged irregularities committed in the award of National Rural...
Order 41 Rule 27 CPC | Supreme Court Explains Parameters To Decide Application For Additional Evidence
While reiterating that an application seeking the production of additional evidence at an appellate stage needs to be decided on its own merit before delivering a judgment, the Supreme Court has laid down the parameters to be followed while dealing with an application under Order 41 Rule 27 of CPC. A bench of Justice SVN Bhatti and Justice NV Anjaria laid down the following parameters:...
Mediated Settlement Agreement Between Landlord & Tenant For Payment Of Rent Arrears Is Executable: Kerala High Court
The Kerala High Court recently held that a compromise agreement entered into between a landlord and a tenant regarding payment of arrears of rent during a court-referred mediation is executable before a civil court having pecuniary jurisdiction. [2026 LiveLaw (Ker) 435]The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. observed that the compromise agreement is in...
Plea Of Res Judicata Need Not Be Decided At Threshold In Small Causes Suits: Allahabad High Court
The Allahabad High Court has held that a defendant in a suit before a Court of Small Causes cannot insist, as a matter of right, that his plea of res judicata be decided at the threshold. It held that whether such a plea is taken up first depends on the nature of the enquiry it calls for, and where it turns on disputed facts, it must be decided along with the rest of the suit.Section 11 of...
'Wholly Unwarranted': Kerala High Court Criticizes Trial Court's Adverse Observations About Lawyer's Drafting Skills
The Kerala High Court recently criticized a trial court's adverse observations regarding the skills of a lawyer in drafting a petition before it. [2026 LiveLaw (Ker) 433]Justice Easwaran S. opined that trial court's remarks about the lawyer's competence was completely uncalled for and the same required judicial scrutiny:“the manner in which consideration was undertaken by the trial court...
Mere Marking Of Document As Exhibit Is Not Proof Of Contents : Supreme Court
The Supreme Court on Friday (August 7) held that objections to the admissibility of a document that is prima facie relevant to the adjudication of a suit cannot ordinarily be decided at the threshold stage merely because the document has been exhibited. The Court said that a mere exhibition of a document, during the initial stage of a trial, does not amount to proof of its contents; as...
Res-Judicata Bars Different Trustees From Relitigating Same Trust Property Dispute: Gujarat High Court
The Gujarat High Court has held that a trust application regarding a dispute over trust property cannot be maintained if the dispute has already been conclusively decided in an earlier proceeding, even if the subsequent suit is brought by a different set of trustees. [2026 LiveLaw (Guj) 213]Justice JC Doshi was hearing an appeal by trustees of Shri Agarwal Samaj Trust, challenging the order...