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Code of Civil Procedure 1908 CPC

Civil Cases, Its Procedures and Related Matters

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A Party to a Civil Suit Cannot Travel Beyond the Pleadings

Posted by By K Rajasekharan 7 June 2026Posted inCode of Civil Procedure 1908 CPC
In L. Ponnayal @ Lakshmi v. Karuppannan (Dead) Thr. L.R. Sengoda Gounder & Anr. [AIR ONLINE 2018 SC 191], the Supreme Court of India held that civil suits are decided on the basis of pleadings and the issues framed thereon, and the parties to the suit cannot be permitted to travel beyond their pleadings.
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Purpose of Section 80 CPC Notice and Its Contents

Posted by By K Rajasekharan 20 March 2026Posted inCode of Civil Procedure 1908 CPC
Section 80 of the Code of Civil Procedure (CPC), 1908 (CPC) mandates a two-month written notice before filing a suit against the Government or a public officer for actions taken in their official capacity. The mandatory two-month waiting period is excluded from the calculation of the limitation period.
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Different Stages of a Civil Suit : An Overview

Posted by By K Rajasekharan 18 March 2026Posted inCode of Civil Procedure 1908 CPC
Every suit shall be instituted by presenting a plaint in duplicate to the court which has jurisdiction to try the suit and is the lowest in grade competent to try it. The detailed rules, governing the presentation of a plaint, are included in Order VI and VII of the Civil Procedure Code, 1973 (CPC).
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Condonation of Delay is Not a Matter of Right, but Judicial Discretion

Posted by By K Rajasekharan 27 February 2026Posted inCode of Civil Procedure 1908 CPC
The Supreme Court, in State of Odisha v. Managing Committee of Namatara Girls High School [2026: INSC:148], has reiterated that the condonation of delay cannot be claimed as a matter of right; rather, it remains entirely within the discretion of the Court.
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Registration Confers Sanctity on a Sale Deed and Is Not a Mere Formality

Posted by By K Rajasekharan 24 January 2026Posted inCode of Civil Procedure 1908 CPC
The Supreme Court, in Hemalatha (D) By Lrs vs Tukaram(D) By Lrs, observed that a registered sale deed carries a greater presumption of validity and genuineness, and therefore cannot be lightly declared as 'sham' to oppose the sale transaction.
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If Information Discloses Offence, Police Must Register FIR but Arrest Not a Must

Posted by By K Rajasekharan 22 January 2026Posted inCode of Civil Procedure 1908 CPC
In the landmark case of Lalita Kumari v. Government of Uttar Pradesh [2013 4 KLT 632], a Constitutional Bench of the Supreme Court of India underscored that the registration of a First Information Report (FIR) is mandatory whenever information discloses the commission of a cognizable offence.
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Courts Should Deny Relief to a Person Who Suppresses Material Facts

Posted by By K Rajasekharan 23 December 2025Posted inCode of Civil Procedure 1908 CPC
A person who approaches the court with "unclean hands" by suppressing material facts is not entitled to obtain any relief, observed the Kerala High Court in Jayakrishna Menon v. Krishnan Kutty [2025: KER:72453].
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Void Documents: When to Seek a Declaration vs. When to Simply Ignore Void Documents

Posted by By K Rajasekharan 2 November 2025Posted inCode of Civil Procedure 1908 CPC
In Annamalai v. Vasanthi and Others [2025 INSC 1267], the Supreme Court clarified the remedies available for a document that is void ab initio (void from the beginning).
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Facts to be Included in a Section 80 Notice Under CPC

Posted by By K Rajasekharan 30 October 2025Posted inCode of Civil Procedure 1908 CPC
A notice under Section 80 of the Code of Civil Procedure (CPC) must contain specific and clear information to inform the government or a public officer about an intended lawsuit.
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Grounds for Review of a Judgment: Supreme Court Explains

Posted by By K Rajasekharan 30 October 2025Posted inCode of Civil Procedure 1908 CPC
In Malleeswari v. K Suguna & Another [2025 INSC 1080], the Supreme Court summed up the limited grounds for Review of a judgment permissible under Section 114 of the Code of Civil Procedure (CPC)
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