A plaint cannot be rejected under Order VII Rule 11(d) of the CPC on the ground that the suit is barred by Order II Rule 2. Order VII Rule 11(d) applies only where the suit is barred by any ..

While formal framing of issues may not be mandatory in ex parte suits under Order 14 Rule 6 of the CPC, a court is legally obligated to identify "points for determination" before rendering j..

A subsequent suit for declaration of title is barred under Explanation IV to Section 11 CPC, read with Order II Rule 2 CPC, if the plaintiff omitted to seek such declaration in an earlier su..

Non-execution of a declaratory decree cannot justify a delayed challenge to that decree, particularly where the decree-holder is already in possession of the suit property. A plaintiff holdi..

Non-execution of a declaratory decree cannot justify a 31-year delay in filing an appeal against it. Where the decree-holder is already in possession of the suit property, execution of the d..

A party to a mediation settlement cannot withdraw consent from mutual consent divorce when the settlement constitutes full and final resolution of all disputes between the parties. While sta..

A person not party to original writ proceedings cannot be denied impleadment where an interim order passed in those proceedings directly and demonstrably affects such person's rights or prop..

An Insurance Company impleaded as a party-respondent in a motor accident claim petition is entitled to contest the claim on all available grounds, without restriction to the grounds enumerat..

Deduction from the salary of a deceased motor accident victim on grounds unrelated to the accident is impermissible in law. Under the principles settled in Sarla Verma v. Delhi Transport Cor..

A party that abandons arbitration proceedings is barred from initiating fresh arbitration on the same cause of action. Order 23 Rule 1 of the Code of Civil Procedure applies to proceedings u..

A decree-holder who abandons independent suits challenging third-party title cannot subsequently seek dispossession of those parties through execution proceedings. Though dismissal of a suit..

Where no arbitration agreement exists between parties, an arbitrator lacks inherent jurisdiction and any award passed is non-est in law. Participation by a party in arbitration proceedings u..