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Code of Civil Procedure 1908

Mohammed Kaleel v. P. Radhakrishnan

Production of Documents – Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice. (2021) 11 KCC 367

P.M. Salim v. Vasudevan Namboothiri

Code of Civil Procedure, 1908 – Amendment of Pleadings – When trial commences for the purpose of proviso to Order 6 Rule 17 of CPC ? Whether a categorical and wilful admission made in the pleadings can be strike down by filing an amendment application ?

Gopalakrishnan v. Ponnappan

Remand – Under what circumstance, a remand of case can be ordered by the first appellate court, is it permissible to order remand in a routine manner simply on finding failure on the part of trial court to address any issue and what is the jurisdiction vested with the first appellate court in ordering remand of a case ? 2021 (9) KCC 305 : 2021 (5) KHC 548

Thankamma v. Ponnamma

  • Order

Code of Civil Procedure, 1908 – Section 96 (3) – An appeal challenging a compromise decree duly obtained by way of mediation process was unsustainable before the first appellate court. 2021 (4) KCC 147 : 2021 (4) KHC 425 : 2021 (4) KLT 703

Chandroth Ponnambath Harifa v. Makkada Preethi

  • Order

Code of Civil procedure, 1908 – Section 10 – Some of the issues in the previous Suit if have any connection with the subsequent Suit the bar under Sec.10 will not apply. 2021 (4) KCC 177

P.K. Gopi v. Gopinathan

  • Order

Code of Civil Procedure, 1908 – Order 2 Rule 2 – where the plaintiff is aware of his relief and yet omits to claim in the previous suit, a subsequent suit for such relief is barred. 2021 (4) KCC 71 : 2021 (4) KHC 484

Silvi v. Iritty Chits Finance and Investments

  • Order

Code of Civil Procedure, 1908 – Order XXI Rule 66 – Proclamation of sale by public auction – When a Court fixes the upset price of the property to be sold in the sale proclamation, normally purchasers will form an opinion on the basis of it. So also once the upset price is fixed, there is no purpose in incorporating the contentions of the JD in the proclamation because it is by evaluating the contentions of the JD that usually Court fixes the upset price. 2021 (4) KCC 41 : 2021 (4) KHC 450 : 2021 (4) KLT 473

Jabeen Ihsan v. Noushima Basheer

  • Order

Code of Civil Procedure, 1908 – Order XXIII Rule 1 (3) – Withdraw from the suit with liberty to file fresh suit – No permission can be granted if the suit sought to be instituted is in respect of different subject matter – Sub-rule (3) is not intended to permit a plaintiff to withdraw one suit and to institute any suit as he likes. 2021 (4) KCC 1 : 2021 (4) KHC 78 : 2021 (4) KLT 598