Judgment Cannot be Based on Grounds beyond the Pleadings
The Supreme Court in Deep Nursing Home v. Manmeet Singh Mattewal (2025 INSC 1094) reiterated that the judgment in a case cannot go beyond the pleadings.
Guidelines for Serving Summons on Defendants Abroad
In Charuvila Philipose Sundaran Pillai and Another v. P. N. Sivadasan and Others, the Kerala High Court has laid down important guidelines for the service of summons on defendants residing in foreign countries, clarifying the application of the Hague Service Convention in conjunction with the Code of Civil Procedure, 1908 (CPC).
Framing a Counterclaim by a Defendant in an Original Suit (OS)
A counterclaim is a powerful procedural tool for a defendant. While it should ideally be filed along with the written statement, the Supreme Court has clarified that courts have the discretion to accept it at a later stage, generally before issues are framed, to ensure all related disputes are adjudicated efficiently.
When an Amendment to a Suit Takes Effect?
The Supreme Court, in Sampath Kumar v. Ayyakannu And Anr [AIR 2002 SC 3369], affirmed the established principle that an amendment to a plaint or written statement is deemed to have been part of the pleading since its inception.
Additional Evidence at Appellate Stage must be Consistent with Original Pleadings
In Iqbal Ahmed (Dead) through LRs & Anr. v. Abdul Shukoor, the Supreme Court held that additional evidence inconsistent with the original pleadings cannot be admitted at the appellate stage under Order XLI, Rule 27 of the Code of Civil Procedure, 1908.
A Registered Society Be Considered a Constructive Trust: SC
In a significant judgment, Operation Asha v. Shelly Batra and others, the Supreme Court considered whether the organization, Operation ASHA, registered under the Societies Registration Act, 1860, met the requirements of Section 92 of the Civil Procedure Code (CPC) to have a suit filed against it under that provision.
Setting Aside an Abated or Terminated Suit
Pursuant to the Code of Civil Procedure, 1908 (CPC), a suit abates (terminates) upon the death of a plaintiff or defendant if the cause of action does not survive. Conversely, if the cause of action survives, the legal representatives of the deceased may be substituted to continue the proceedings, as provided under Order XXII, Rules 2 to 4 of the CPC.
No Evidence or Relief Without Pleadings: The Foundation of a Civil Suit
In the absence of pleadings submitted at the appropriate stage within the stipulated time, any amount of evidence submitted later, will not be taken into consideration by the court, says the Supreme Court (SC) in the case of Biraji @ Brijraji & Another. v. Surya Pratap & Others [AIR Online 2020 SC 806].
Power of Attorney for Transfer of Immoveable Property Needs Registration in Kerala
As per Section 17 (g) of the Registration Act, 1908, a Power of Attorney, which creates any power or right of management, administration, development, transfer or any other transaction relating to immovable property of the value of one hundred rupees and upwards requires compulsory registration.
Power To Recall Witness Vests with Court, not to the Parties
The Supreme Court (SC), in Shubhkaran Singh v. Abhayraj Singh [2025 INSC 628], held that under Order 18 Rule 17 of the Code of Civil Procedure, 1908 (CPC), only the court—not the parties—has the power to recall a witness.