CPC
Section 47 CPC | Execution Proceedings Cannot Reopen Issues That Could Have Been Raised At Trial: Allahabad High Court
The Allahabad High Court has observed that objections under Section 47 of the Code of Civil Procedure (CPC) cannot be used to reopen issues that could have been raised and decided during the original trial, unless the judgment-debtor is able to establish that the decree is void and inexecutable on the face of it.A bench of Justice Anil Kumar-X made the observation while dismissing a...
'To Preserve Confidence In Justice', Kerala High Court Transfers Family Court Case Over Litigant's Apprehension Of Bias
The Kerala High Court recently permitted a case to be transferred from one Family Court to another after a litigant raised an issue of bias. [2026 LiveLaw (Ker) 448]Justice Mohammed Nias C.P. reserved opinion regarding the correctness of the allegation and observed that the case is being transferred only with a view to preserve the litigant's faith in the judiciary.“It is only in cases...
Remand Not To Be Ordered When Appellate Court Can Decide Issue Omitted By Trial Court Based On Already Adduced Evidence : Supreme Court
The Supreme Court has reiterated that an appellate court should not routinely remand a case to the trial court merely because a particular issue was not separately framed, where the pleadings, evidence and issues already on record enable the appellate court to decide the dispute itself.A bench of Justice S.V.N. Bhatti and Justice N.V. Anjaria heard the case where a Karta, out of a legal...
Mere Claim Of Ownership Of Suit Property Doesn't Make Third Party A Necessary Party In Small Causes Suit: Allahabad High Court
The Allahabad High Court has held that third party claiming independent title doesn't become necessary or proper party merely by asserting it in a small causes suit. It held that such a person can be brought on record only where his title has to be decided before the plaintiff's entitlement to the relief claimed can be determined.Order I Rule 10 CPC governs the addition of parties to a...
Failure To Serve Order XXI Rule 22 Notice Won't Impact DRT Auction Sale : Supreme Court
The Supreme Court has held that the requirement to serve a legal notice on the judgment debtor's legal representatives under Order XXI Rule 22 CPC before execution of a decree does not apply to an auction sale conducted by the DRT under the Recovery of Debts and Bankruptcy Act, 1993. A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe heard the case where the...
CPC | Residential Property Exemption u/s 60(1)(ccc) Is Personal To Judgment-Debtor; LR Can't Claim : Supreme Court
The Supreme Court has observed that a plea filed by a judgment-debtor's legal representative seeking an exemption from an attachment of the judgment-debtor's main residential house would not be maintainable under Section 60(1)(ccc) of the Code of Civil Procedure, 1908 [which is applicable in Punjab and Delhi]. A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe held that...
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...
'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...