ValkyaEditorial

Tagged “civil-procedure”

10 articles on civil-procedure.

Supreme CourtSupreme Court of India

Krishna Kumar Ojha v. Jitendra Chaudhary (2026): a compromise decree needs the party's signature, not just counsel's

The Supreme Court affirmed the setting aside of a 1994 compromise decree in a partition suit, holding that Order XXIII Rule 3 CPC requires a written agreement signed by the parties, that an advocate's implied authority does not extend to signing away a client's substantive property rights without express authorisation or exigency, and that a roughly 25-year delay could be excused where a fraudulent compromise decree defeated substantive rights.

Valkya Editorial··7 min
Supreme CourtSupreme Court of India

Levitate Mobile v. Standard Chartered (2026): the Order XI threshold for belated documents is 'reasonable cause' — but a five-year-late application was still rightly refused

The Supreme Court accepted that the correct standard for producing additional documents under Order XI CPC in a commercial suit is 'reasonable cause', not 'sufficient cause' — yet dismissed the appeal, holding that even on that lower threshold there was no justification for a 2023 application to add emails, vendor agreements and server data that were always in the applicant's own possession. The Commercial Courts Act's timelines do not permit a piecemeal approach to evidence, however voluminous the record.

Valkya Editorial··7 min
Supreme CourtSupreme Court of India

Makardhwaj Ram v. Jagdish Rai (2026): constructive res judicata bars only what a party 'might AND ought' to have raised

The Supreme Court restored a decree for title and possession, holding that Explanation IV to Section 11 CPC bars only those grounds a plaintiff 'might and ought to have' raised earlier, judged by reasonable diligence against the ambit and nature of the earlier controversy — and that suits to cancel specific sale deeds did not oblige the owner to also litigate his undisputed title to the residual estate.

Valkya Editorial··8 min
Supreme CourtSupreme Court of India

Rajat Kumar v. S D Adarsh Jain Kanya Maha Vidyalaya (2026): a High Court cannot grant relief never prayed for, nor reverse concurrent decrees without framing Section 100 CPC questions

Setting aside a Punjab & Haryana High Court judgment for the second time, the Supreme Court held that a court cannot substitute valuer-assessed compensation for a decree of mandatory injunction that was never sought, cannot direct an Executing Court to 'assess' a value once the underlying decree is gone, and cannot dispose of a second appeal without actually framing and answering substantial questions of law under Section 100 CPC.

Valkya Editorial··7 min
High CourtHigh Court of Delhi

Sainik Industries v. Indian Sugar (2026): accepting payment under an IBC resolution plan is a 'settlement' that earns a court-fee refund

The Delhi High Court held that a plaintiff who accepts the amount conferred on it under an NCLT-approved resolution plan and then withdraws its connected recovery suit has 'settled' its claim within Section 16 of the Court Fees Act, 1870 — and is entitled to a full refund of court fee. A digest of the facts, the holding, and how the Court extended the M.C. Subramaniam line to the insolvency context.

Valkya Editorial··8 min
High CourtMadras High Court

V.V.V & Sons v. Meenakshi Overseas (2026): affixing a registered mark on export-only goods is a triable infringement

A Division Bench of the Madras High Court revived the 'Idhayam' trademark suits, holding that the unauthorised affixing of a registered mark in India on goods meant solely for export is a triable cause of action for infringement. A digest of the facts, the Order VII Rule 11 error, and the export-as-use question under the Trade Marks Act 1999.

Valkya Editorial··7 min
LandmarkSupreme Court of India

Asian Resurfacing v. CBI and its 2024 overruling: the rise and fall of the auto-vacation of stay orders

On 28 March 2018, a three-judge Bench held in Asian Resurfacing of Road Agency v. CBI that interim stays of trial granted by a High Court in civil and criminal proceedings would automatically vacate after six months, unless extended by a speaking order. The rule operated for almost six years before, on 29 February 2024, a five-judge Constitution Bench in High Court Bar Association, Allahabad v. State of UP held it constitutionally unsustainable and overruled it. A digest of both judgments, the practitioner architecture they produced, and the constitutional position that now obtains.

Valkya Editorial··7 min