Code of Civil Procedure Archives

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Civil Court or NCLT? Kerala High Court Clarifies the Scope of Section 430 of the Companies Act, 2013

Introduction Disputes involving companies frequently raise a fundamental question: should the matter be decided by a civil court or by the

Not Every Interim Order Can Be Challenged: Kerala High Court Clarifies the Scope of Intra-Court Appeals

Introduction The Kerala High Court has once again clarified an important procedural principle governing writ proceedings. In Cholamandalam Investment and Finance

Can an Interlocutory Application Be Filed After a Civil Suit Is Decided? Understanding Post-Decree Applications in Civil Courts

Introduction Many litigants assume that once a civil court pronounces a judgment and passes a decree, the case comes to an

Set-Off and Counter-Claim under Order VIII CPC

Turning Defence into Offence in Civil Litigation Introduction In civil litigation, a defendant is not always confined to merely resisting the

Written Statement under Order VIII CPC – Requirements, Timelines and Strategic Defences

Introduction Once a plaint is admitted and summons is served, the next crucial stage in a civil suit is the filing

Return of Plaint under Order VII Rule 10 CPC – When the Court Lacks Jurisdiction

Introduction Not every defect in a civil suit results in rejection. Sometimes, the court does not question the validity of the

Rejection of Plaint under Order VII Rule 11 CPC – Grounds, Judicial Approach and Litigation Strategy

Introduction Not every civil suit proceeds to trial. Some suits are terminated at the very threshold — not because the facts

The Plaint under Order VII of the Code of Civil Procedure – Essential Contents and Common Drafting Errors

Introduction Every civil suit begins and stands on the strength of one document—the plaint. It is not merely a formality or

Institution of Civil Suits under the Code of Civil Procedure – When and How a Suit Is Properly Filed

Introduction After determining jurisdiction—subject-matter, territorial, and pecuniary—the next crucial step in civil litigation is the institution of the suit. A civil

Pecuniary Jurisdiction under the Code of Civil Procedure – How Suit Valuation Determines the Proper Court

Introduction Even when a civil court has subject-matter jurisdiction and territorial jurisdiction, a suit may still fail if it is filed

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