Top landmark judgments by the Supreme Court of India related to the Civil Procedure Code, 1908 (CPC):
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Here are top landmark judgments by the Supreme Court of India related to the Civil Procedure Code (CPC):
1. Rajkumar Buyya v. State of Maharashtra (2019)
This case emphasized the importance of procedural fairness and the right to a fair trial. The Supreme Court highlighted that procedural rules are the handmaid of justice and should not be interpreted to defeat the substantive rights of parties.
2. K.K. Velusamy v. N. Palanisamy (2011)
In this judgment, the Supreme Court elucidated the scope of Order 18 Rule 17 of the CPC, allowing the court to recall and examine any witness at any stage if it is necessary for the ends of justice.
3. Salem Advocate Bar Association v. Union of India (2005)
This case dealt with the validity of various amendments made to the CPC in 2002. The Supreme Court upheld the amendments aimed at expediting the trial process and reducing delays in civil litigation.
4. Balwant Singh v. Jagdish Singh (2010)
The Supreme Court discussed the concept of sufficient cause under Order 22 Rule 9 and Order 9 Rule 13 of the CPC, emphasizing that courts should adopt a liberal approach in condoning delays and setting aside ex parte decrees to serve substantial justice.
5. Ramrameshwari Devi v. Nirmala Devi (2011)
This judgment stressed the need to curb frivolous and vexatious litigation. The Supreme Court directed courts to impose actual or realistic costs to discourage unnecessary litigation and ensure that genuine litigants are not delayed.
6. Ajay Bansal v. Anup Mehta (2007)
The Supreme Court clarified the scope of Order 6 Rule 17 of the CPC regarding amendments to pleadings. The Court held that amendments should be allowed to avoid multiplicity of litigation, provided they do not cause injustice to the other party.
7. Indian Bank v. Satyam Fibres (India) Pvt. Ltd. (1996)
In this case, the Supreme Court addressed the issue of fraud and its impact on civil proceedings. The Court held that fraud vitiates all judicial acts, whether in rem or in personam, and the court has inherent powers to set aside orders obtained by fraud.
8. Shipping Corporation of India Ltd. v. Machado Brothers (2004)
The Supreme Court discussed the principles of res judicata under Section 11 of the CPC, holding that the doctrine applies not only to the issues decided but also to those that could have been raised in the earlier proceedings.
9. Madan Lal v. Sunder Lal (1967)
This case clarified the principle of constructive res judicata, emphasizing that any matter that might and ought to have been made a ground of defense or attack in the former suit is deemed to have been a matter directly and substantially in issue in such suit.
10. Raj Kumar v. Sardari Lal (2004)
The Supreme Court dealt with the scope of inherent powers of the court under Section 151 of the CPC. The Court held that these powers can be invoked to prevent abuse of process and to meet the ends of justice, but they should not be used to override specific provisions of the CPC.
These judgments have played a pivotal role in shaping the interpretation and application of the Civil Procedure Code in India, ensuring procedural efficiency and fairness in civil litigation.
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