Madhya Pradesh High Court clarifies that any person in possession claiming independent title may file objections under Order 21 Rule 97 CPC before dispossession, rejecting the notion that remedy exists only post-eviction.
Madhya Pradesh High Court holds that applications under Order 11 Rule 12 CPC require specific relevance to pleadings; mechanical orders without judicial reasoning are invalid.
Madhya Pradesh High Court clarifies that appellate courts must frame specific issues under Order 41 Rule 27 CPC instead of ordering wholesale remand for de novo trial.
The Kerala High Court holds that making an interim injunction absolute without affording hearing violates natural justice, setting a clear procedural standard for civil courts.
Madhya Pradesh High Court clarifies that Section 152 CPC permits correction of clerical omissions where judgment clearly intends a finding but fails to reflect it in the decree.
Madhya Pradesh High Court holds that in land boundary disputes, courts must appoint commissioners under Order 26 Rule 9 CPC; failure to do so renders trial defective.
Chhattisgarh High Court reaffirms that second appeals under Section 100 CPC cannot re-appreciate evidence; concurrent findings of fact are binding unless perverse or legally flawed.
Chhattisgarh High Court holds that amendment of plaint after evidence closure requires proof of due diligence; failure to record satisfaction renders order invalid.
Andhra Pradesh High Court holds that procedural technicalities cannot defeat substantial justice; parties may seek summons for essential documents even if filed late or under wrong rule.
Bombay High Court permits amendment of plaint at pre-hearing stage to include consequential relief where defendant failed to act after termination of agreement.
Rajasthan High Court holds that matrimonial proceedings under Section 9 HMA must be transferred to wife's residence to prevent undue hardship, reinforcing judicial precedent on gender-sensitive adjudication.
Bombay High Court at Goa confirms a Dubai divorce decree under Section 13 CPC, holding that foreign judgments are enforceable if not contrary to Indian public policy.
Bombay High Court holds that a suit for injunction based on threat of dispossession is maintainable even if land consolidation proceedings are pending, clarifying scope of Order VII Rule 11 CPC.
The Kerala High Court holds that review petitions under CPC Order XLVII Rule 1 cannot reargue merits already decided; clarifies limits of 'error apparent on face of record'.
Madhya Pradesh High Court holds that a prayer to bring legal representatives on record inherently seeks to set aside abatement, reinforcing justice-oriented interpretation of Order 22 Rule 9 CPC.