Important CPC Judgments and Case Laws of the Supreme Court and High Courts
The Code of Civil Procedure, 1908 (CPC), Act 5 of 1908, governs the procedure followed in civil courts in India, subject to applicable amendments, special statutes and court rules. This digest brings together important decisions on jurisdiction, res judicata, fraud, alternative dispute resolution, evidence and litigation conduct.
Important provisions of the Code of Civil Procedure
Section 9 - Civil court jurisdiction: Civil courts may try suits of a civil nature unless jurisdiction is expressly or impliedly barred. Section 10 - Stay of suit: addresses trial of a later suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the relevant parties, subject to statutory conditions. Section 11 - Res judicata: generally prevents re-litigation of a matter directly and substantially in issue that has been finally decided by a competent court between the same parties or those claiming under them.
Section 13 - Foreign judgments: specifies when a foreign judgment is not conclusive. Section 24 - Transfer and withdrawal: provides powers to the High Court and District Court regarding transfer or withdrawal of suits and other proceedings. Section 89 - Settlement of disputes: provides a procedural framework for referral to appropriate alternative dispute resolution mechanisms, subject to the applicable law and judicial interpretation.
Section 96 - First appeals: provides for appeals from original decrees, subject to statutory exceptions. Section 100 - Second appeals: generally requires a substantial question of law. Section 114 and Order XLVII - Review: govern review of judgments on limited grounds. Section 115 - Revision: confers a restricted revisional jurisdiction, subject to its statutory conditions. Section 151 - Inherent powers: preserves the court's inherent power to make orders necessary for the ends of justice or to prevent abuse of its process; it does not override express provisions of law.
Order VI - Pleadings: sets out rules governing pleadings and amendments. Order VII - Plaint: addresses presentation, rejection and return of plaints. Order XIV - Issues: governs framing of issues. Order XXXIX - Temporary injunctions: provides rules for interim injunctions. Order XLI - Appeals: contains procedural rules for appeals from original decrees. In commercial disputes, the Commercial Courts Act, 2015, and its amendments to the CPC may introduce additional or different requirements.
Supreme Court and High Court CPC judgments: citation index
The following cases and historical descriptions appeared in the original compilation. The court, date and citation are reproduced as supplied; entries without a reported citation should be independently checked before formal use.
| Case title | Court | Original category | Date and citation | Historical case gist |
|---|---|---|---|---|
| Afcons Infrastructure Ltd. vs Cherian Varkey Construction Co | Supreme Court | CPC | 26 July 2010 (2010) 8 SCC 24 | Explains Alternative Dispute Resolution (Arbitration, judicial settlement, Lok Adalat, Mediation) |
| Alika Khosla vs Thomas Mathew And Anr 2001 | Delhi High Court | CPC | 20 December 2001 2002 (62) DRJ 851 | Right to Privacy is not Absolute |
| A.V. Papayya Sastry & Ors vs Government Of A.P. & Ors | Supreme Court | CPC | 07 March 2007 (2007) 4 SCC 211 | 1. Order taken by fraud or suppressing material fact can be recalled at any stage of litigation (using CPC 151 or CrPC 482) 2. Once a Superior court accepts an appeal, lower courts cannot recall or proceed with the Litigation. |
| B.P. Achala Anand Vs S.Appi Reddy & Anr | Supreme Court | CPC | 11 February 2005 (2005) 3 SCC 313 | Right to Residence after Divorce to be decided based on Divorce Terms |
| Bhadrayu C Vachharajani VS Saurashtra University | Gujarat High Court | CPC | 29 November 2013 GHJ-2014-35-385 | If court has no Jurisdiction, it cannot go into Merits of case |
| Bhausaheb Magar vs Leelabai Magar 2006 | Bombay High Court | CPC | 14 November 2006 AIRBOMR20072711, ALLMR20073676, LAWS(BOM)200611179 | Doctrine of res judicata |
| Commissioner Of Income-Tax vs Godavaridevi Saraf | Bombay High Court | CPC | 27 September 1977 1978 (2) ELT 624 Bom, 1978 113 ITR 589 Bom | Tribunal (or court) anywhere in the country has to respect the law laid down by the High Court, though of a different State, so long as there is no contrary decision of any other High Court on that question |
| Dalip Singh vs State Of U.P. & Ors | Supreme Court | CPC | 03 December 2009 (2010) 2 SCC 114 | No Relief if Litigant lies OR suppress material fact and came with Unclean Hands |
| Foreshore Co-Op. Hng. Society Ltd vs Praveen D Desai | Supreme Court | CPC | 08 April 2015 | Discussion on Jurisdiction |
| G. Shyamala Ranjini vs M.S. Tamizhnathan | Madras High Court | CPC | 20 November 2007 | Related to Audio CD as Evidence |
| K.Subhadra Patra Vs Mosomat K Aadiya Amma & Ors | Supreme Court | CPC | 01 July 2015 | One can file counter affidavit by post |
| Maharashtra Government VS Rajaram Digamber Padamwar | Bombay High Court | CPC | 08 April 2011 LAWS(BOM)2011410, ALLMR(CRI)201101825, BCR(CRI)20113640, FAC20112278 | High Court takes action against a trial court judge who went against a previous HC precedent and declined to abide by |
| Manoj Kumar Saini vs CPIO | CIC | CPC | 24 March 2011 | ITR can be given in criminal case against the State pertaining to dowry related issues because public interest in the administration of justice in a particular case overrides all other aspects of public interest |
| Neelam Abhijeet Kadam vs State of Maharashtra | Bombay High Court | CPC | 02 May 2017 | Court has to accept pleadings in English and cant force it to be in vernacular language. |
| Neetu Mittal Vs. Kanta Mittal | Delhi High Court | CPC | 30 September 2008 2008 (106) DRJ 6223, 2008 (4) RCR (C) 630 | Parents can kick out their Children. Definition of Shared Household and Matrimonial Home. |
| Ramjas Foundation & Ors vs Union Of India & Ors | Supreme Court | CPC | 09 November 2010 2010(14) SCC 38 = 2010(15) SCR 364 = 2010(12) JT 134 = 2010(11) SCALE 598 | Unclean Hands, no Relief to be given by any court |
| Rampyari & Ors. vs Ms. Kamlesh | Delhi High Court | CPC | 09 March 2010 | Fine for Delaying tactics by Lawyer |
| Rita Markandey vs Surjit Singh Arora | Supreme Court | CPC | 27 September 1996 (1996) 6 SCC 14 | Filing false affidavits is criminal contempt of Court. |
| S.P Chengalvaraya Naidu vs Jagannath | Supreme Court | CPC | 27 October 1993 1994 AIR 853, 1994 SCC (1) 1 | Judgment or decree obtained by playing fraud on the court is a nullity and non exist in the eyes of law. |
| S.Ramesh vs MS.Cethar Ltd | Madras High Court | CPC | 12 January 2016 | a person who enjoyed the benefit of an interim order, is liable to compensate the other party, when the main case is decided against him. |
| Saritha Rao & Ors. vs Y.Raghunath Rao & Anr | Delhi High Court | CPC | 04 March 2010 169 (2010) DLT 277 | Husband lodged suit claiming damages on account of false prosecution after acquittal in 498A. Period of limitation is one year in a suit claiming damages on account of false prosecution and the period is calculated from the date when the false prosecution came to an end. |
| Sweety Gupta Vs Neety Gupta & Ors | Delhi High Court | CPC | 25 October 2016 | 1.Serving Summon 2.On Whom Burden Of Proof Lies 3.Court May Presume Existence Of Certain Facts |
How to apply these civil procedure principles
Res judicata and repeated litigation
Section 11 CPC seeks finality in adjudication. Its application depends on the identity of issues, parties, competence of the earlier court and final determination. The principle should not be treated as an automatic bar merely because two proceedings involve similar facts.
Fraud, suppression of material facts and inherent powers
S.P. Chengalvaraya Naidu v. Jagannath and A.V. Papayya Sastry v. Government of A.P. are frequently discussed in the context of fraud on the court. The precise remedy, forum and procedural stage depend on the judgment and the circumstances; Section 151 is not a substitute for an express statutory remedy.
Alternative dispute resolution under Section 89
Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co., (2010) 8 SCC 24, explains the approach to court-referred alternative dispute resolution under Section 89 and Order X Rules 1A to 1C. Arbitration, conciliation, mediation, judicial settlement and Lok Adalat have distinct legal frameworks and consent requirements.
Jurisdiction, pleadings and evidentiary questions
Questions about territorial or pecuniary jurisdiction, service of summons, affidavits, electronic evidence and the language of pleadings must be considered in light of the relevant CPC provision, local High Court rules and other applicable legislation. Older decisions referring to the Indian Evidence Act, 1872, may require comparison with the Bharatiya Sakshya Adhiniyam, 2023, for proceedings governed by the newer evidence law.
Official legislation and court resources
For the authoritative statutory text and subsequent amendments, consult the India Code legislative database and the Legislative Department, Ministry of Law and Justice. For judgments and case status, use the Supreme Court of India, the relevant High Court's official website and the eCourts portal. Check applicable state amendments and High Court rules separately.
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This page provides general legal information, not a substitute for the official statute, authenticated judgment or case-specific legal advice.