Browsing: civil procedure
Supreme Court: Appellate Courts May Grant Interim Relief Even After Trial Court Dismisses Suit
News summary On November 24, 2025, the Supreme Court of India clarified that appellate courts possess the authority to grant interim relief—such as injunctions or status…
Supreme Court Reiterates: Counterclaim Under Order 8 Rule 6A CPC Can Be Filed Only Against the Plaintiff, Not Co-Defendants
News summary In Sanjay Tiwari vs. Yugal Kishore Prasad Sao & Ors (2025), the Supreme Court of India reaffirmed that under Order 8 Rule 6A of…
In order to prevent needless delays in the enforcement of decrees, the Supreme Court of India issued a significant directive prohibiting executing courts from permitting the…
Supreme Court: Objections to Arbitral Award Execution Allowed Only When Decree Is Void or Passed Without Jurisdiction
NEWS SUMMARY The Supreme Court of India ruled that objections to the execution of an arbitral award under Section 47 of the Code of Civil Procedure…
News Summary The Supreme Court has delivered a landmark decision clarifying the legal parameters for invoking a plea of demurrer—an objection that tests the legal sufficiency…
Supreme Court clarifies No Defence in Summary Suit Without Court’s Leave | Order XXXVII CPC
The Supreme Court held in *Executive Trading Co. v. Grow Well Mercantile* that defendants in summary suits under Order XXXVII CPC must obtain the court’s permission (“leave to defend”) before filing any defence. The ruling preserves the fast-track nature of summary proceedings, requiring defendants to apply within set timelines and support their plea with an affidavit showing a substantial defence. Courts may grant leave with conditions, but cannot permit routine replies without leave. The decision enforces strict procedural compliance to protect quick recovery of liquidated commercial claims.
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