CPC
Swadeshi Jurisprudence And Colonial Afterlife Of Order XXI
In civil matters, the separation of judgment from enforcement is not a colonial peculiarity. The idea is much older and can be traced at least to Roman law. In classical Roman procedure, a judgment, called the iudicatum, did not enforce itself. Instead, it created a new obligation known as the obligatio iudicati, treated as a debt arising from the judgment itself. If the debtor did not pay...
S. 115 CPC | Revisional Jurisdiction Cannot Be Used to Correct Factual Errors, Even If Facts Are Allegedly Concealed : Supreme Court
Observing that revisional jurisdiction cannot be invoked to correct mere errors of fact or law unless they relate to a jurisdictional error, the Supreme Court on Tuesday (July 21) set aside a Punjab and Haryana High Court judgment that had overturned concurrent eviction orders passed by the Rent Controller and the Appellate Authority in exercise of its revisional jurisdiction. A bench of...
Court Must Identify Specific Retirement Benefit Before Ordering Attachment Under S.60 CPC; Gratuity, PF Can't Be Attached: AP High Court
The Andhra Pradesh High Court has held that where attachment of a retired employee's retirement benefits is sought in execution proceedings, the executing court must first identify the particular head of retirement benefits sought to be attached, as benefits such as gratuity and provident fund are exempt from attachment under Section 60 CPC. [2026 LiveLaw (AP) 144]Accordingly, the Court set...
Amendment To Correct Party Name, Property Value In Partition Suit Permissible After Trial Starts If Nature Of Suit Unchanged: AP High Court
The Andhra Pradesh High Court has held that an amendment application seeking to correct the plaintiff's name and the extent of a property in a partition suit cannot be refused merely because it is sought after commencement of trial, so long as it does not change the nature of the suit or prejudice the opposite party. [2026LiveLaw (AP) 142]In doing so, the Court allowed a revision...
Motor Accident Appeal Can Be Withdrawn; Claimants Can't Seek Enhancement Of Compensation Without Cross-Appeal: AP High Court
The Andhra Pradesh High Court has held that while an appellant is ordinarily entitled to unconditionally withdraw an appeal under the CPC in a motor accident case, respondent party cannot insist that the appellate court decide the matter on merits in the absence of a cross-appeal or cross-objections. [2026 LiveLaw (AP) 134]At the same time, the Court held that where the appeal compelled...
'Evaded Payment For 16 Years': Kerala High Court Rejects Cop's Appeals Against Compensation Award To Lawyer He Assaulted
The Kerala High Court recently dismissed two second appeals preferred by a police officer, who was directed to pay compensation to a lawyer who he had assaulted in 2010. [2026 LiveLaw (Ker) 379]Justice Easwaran S. observed that there are no substantial questions of law raised in the regular second appeals and that the same were bereft of merits.“The dispute started in the year 2010. For...
Art. 226 | High Courts Cannot Reweigh Evidence Or Interfere With Factual Findings In Certiorari Jurisdiction : Supreme Court
The Supreme Court has held that the Writ of Certiorari cannot be issued by the High Court to review or reweigh the evidence based on which subordinate courts decided a matter. The Court reiterated that such a jurisdiction is issued only to correct errors of jurisdiction committed by Courts or Tribunals, but not for reappreciation of evidence or acting as a Court of appeal. Holding so, a bench...
S.47 CPC | Executing Court Can Correct Clerical Misdescription Of Suit Property In Decree: Allahabad High Court
The Allahabad High Court has held that an executing court can correct a clerical or typographical misdescription of the suit property in a decree in exercise of its powers under Section 47 of the Code of Civil Procedure. It held that such correction is not confined to the court which passed the decree. Justice Manish Kumar Nigam held, “Where the terms of the decree are clear and...
Civil Court Can Examine Territorial Jurisdiction Afresh Even If High Court Granted Leave Before Suit Transfer: Bombay High Court
The Bombay High Court has held that the grant of leave under Clause XII of the Letters Patent by the High Court before transfer of a suit does not prevent the Bombay City Civil Court from examining the issue of territorial jurisdiction afresh after the suit is transferred on account of enhancement of its pecuniary jurisdiction. The Court observed that, by virtue of Section 4A(2) of the...
Calcutta High Court Upholds Ex Parte Divorce Decree Despite Irregular Service, Says Wife Knew Of Suit Through Maintenance Case
The Calcutta High Court has dismissed a wife's appeal seeking to set aside an ex parte divorce decree, holding that mere irregularities in the service of summons cannot be a ground to recall the decree when the defendant had prior knowledge of the matrimonial proceedings.A Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya affirmed the order of the...
Filing Vakalatnama Is Not Waiver Of Service Of Summons; Limitation To File Written Statement Starts After Proper Service: Bombay High Court
The Bombay High Court has held that the mere filing of a Vakalatnama or an affidavit-in-reply to an interim application does not, by itself, amount to a waiver of service of writ of summons or trigger the limitation prescribed under Order VIII Rule 1 of the Code of Civil Procedure, 1908 for filing a written statement. The Court observed that the period for filing the written statement...