Top 10 Landmark Judgments in Civil Procedure Code (CPC) that every law student, judicial aspirant, and civil lawyer must know
Top 10 Landmark Judgments in Civil Procedure Code (CPC) that every law student, judicial aspirant, and civil lawyer must know. These cases shape the practical understanding and application of CPC in Indian courts.
Top 10 Landmark Judgments in CPC
1. Satyabrata Ghose v. Mugneeram Bangur & Co. (AIR 1954 SC 44)
Key Issue: Doctrine of Frustration & Temporary Injunction
CPC Link: Order XXXIX (Temporary Injunction)
Held: The doctrine of frustration must be applied cautiously. The court clarified injunctions in the context of uncertainty and delay.
2. K.K. Velusamy v. N. Palanisamy (2011) 11 SCC 275
Key Issue: Scope of Section 151 CPC – Inherent Powers
Held: Section 151 can be invoked only when no other provision applies. Courts should not use it to override specific rules.
3. T. Arivandandam v. T.V. Satyapal (1977) 4 SCC 467
Key Issue: Abuse of Process – Rejection of Plaint
CPC Link: Order VII Rule 11
Held: Frivolous and vexatious suits must be nipped in the bud under Order VII Rule 11.
4. Rajkumar Gurawara v. S.K. Sarwagi & Co. (2008) 14 SCC 364
Key Issue: Amendment of Pleadings
CPC Link: Order VI Rule 17
Held: Amendments should be allowed if necessary to resolve the real controversy, subject to “due diligence” post-trial.
5. Prem Lala Nahata v. Chandi Prasad Sikaria (2007) 2 SCC 551
Key Issue: Appeal from Order
CPC Link: Section 104 & Order XLIII
Held: Only those orders expressly listed under Order XLIII are appealable; no appeal lies against unlisted interlocutory orders.
6. State of UP v. Roshan Singh (2008) 2 SCC 488
Key Issue: Res Judicata
CPC Link: Section 11
Held: The principle bars re-litigation of issues directly and substantially decided earlier; applies to execution proceedings as well.
7. Sudarshan Reddy v. State of AP (2009) 5 SCC 226
Key Issue: Delay in Filing Written Statement
CPC Link: Order VIII Rule 1
Held: The outer limit of 120 days for filing written statement is mandatory, post-2002 amendment.
**8. Shakuntala Devi Jain v. Kuntal Kumari AIR 1969 SC 575
Key Issue: Revision Powers of High Court
CPC Link: Section 115
Held: Revision is not an appeal; it’s available only when subordinate court has committed jurisdictional error.
9. Khatri Hotels Pvt. Ltd. v. Union of India (2011) 9 SCC 126
Key Issue: Abuse of Process / Dismissal of Suit
Held: If a suit is filed to harass or delay proceedings, it can be dismissed under court's inherent powers (Section 151 CPC).
10. Revajeetu Builders v. Narayanaswamy Naidu (2009) 10 SCC 84
Key Issue: Amendment of Pleadings
Held: Laid down a comprehensive test balancing delay, nature of amendment, prejudice to other side, and interest of justice.
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