Civil Suits & Injunctions Precedents Digest

Authoritative Supreme Court rulings on Order 39 Rules 1 & 2 temporary injunctions, Order 7 Rule 11 rejection of plaint, specific performance under SRA 1963, Section 11 res judicata, and property possession rights.

Showing all 76 Precedents
Commercial & Civil
5-Judge Constitution Bench 2023

Cox and Kings v. SAP India

(2024) 4 SCC 1 | 5-Judge Bench
Group of CompaniesNon-SignatoriesSection 7 Party Autonomy

5-Judge Constitution Bench upholding Group of Companies doctrine, anchoring non-signatory binding effect in mutual consent and composite transactions.

Civil & Injunctions
2023

Ghanshyam v. Yogendra Rathi

(2023) 7 SCC 361
Section 53A Transfer of Property Act, 1882

Agreement to sell with GPA and delivery of possession protects possession under Section 53A.

Civil & Injunctions
2023

Gurbachan Singh v. Gurcharan Singh

(2023) SCC OnLine SC 1388
Mandatory Duties under Order...Right of Hearing on Law and ...Perfunctory Affirmance Disap...

The Supreme Court delivered an instructive ruling on the statutory obligations of the First Appellate Court under Section 96 read with Order XLI Rule 31 of the Code of Civil Procedure, 19...

Civil & Injunctions
2023

Katta Sujatha Reddy v. Siddamsetty Infra Projects Pvt. Ltd.

(2023) 1 SCC 355
Specific Relief Amendment Act, 2018

2018 Specific Relief Amendment (making specific performance mandatory) is prospective.

Civil & Injunctions
2023

P. Kishore Kumar v. Vittal K. Patkar

2023 SCC OnLine SC 1483
Section 54 TPAPower of Attorney Act

Re-affirming GPA cannot transfer ownership title; power of attorney is merely agency authorization.

Civil & Injunctions
2023

Prasanta Kumar Sahoo v. Charulata Sahu

(2023) 9 SCC 641
Section 6 Hindu Succession Act

Preliminary decree in partition suit does not crystalize rights; daughter gets enhanced share till final decree.

Civil & Injunctions
2023

Shakeel Ahmad v. Syed Akhlaq Hussain

2023 SCC OnLine SC 1526
Section 54 TPASection 17 Registration Act

Unregistered Agreement to Sell / GPA cannot confer ownership or maintain suit for possession.

Civil & Injunctions
2023

Shivshankara v. H.P. Vedavyasa Char

(2023) SCC OnLine SC 358
Adverse PossessionAnimus PossidendiLimitation Act

Mere long continuous possession without proof of hostile animus possidendi against the true owner cannot confer title by adverse possession.

Civil & Injunctions
2022

Arunachala Gounder v. Ponnusamy

2022 SCC OnLine SC 72
Section 14 Hindu Succession Act, 1956

Self-acquired property of Hindu male dying intestate devolves upon daughter in preference to collaterals.

Civil & Injunctions
2022

Murthy v. C. Saradambal

(2022) 3 SCC 209
Section 68 Evidence Act (Sec 67 BSA)

Unnatural disposition in Will and exclusion of natural heirs create suspicious circumstances.

Civil & Injunctions
2022

Sudesh Chhikara v. Ramti Devi

2022 SCC OnLine SC 1684
Section 23 Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Revocation of Gift Deed by senior citizen requires express condition of providing basic maintenance.

Civil & Injunctions
2022

U.N. Krishnamurthy v. A.M. Krishnamurthy

2022 SCC OnLine SC 840
Section 16(c) Specific Relief Act

Distinction between readiness (financial capacity) and willingness (mental conduct).

Civil & Injunctions
2021

Rahul S. Shah v. Jinendra Kumar Gandhi

(2021) 6 SCC 418
Order XXI CPCSection 47 CPC

Supreme Court directives to eliminate execution delays: Execution must conclude within 6 months.

Commercial & Civil
3-Judge Bench 2021

Vidya Drolia v. Durga Trading Corp.

(2021) 2 SCC 1 | 3-Judge Bench
4-Fold Non-Arbitrability TestTenancy ArbitrableSec 8 & 11 Prima Facie

3-Judge Bench establishing the 4-fold test of non-arbitrability, tenancy dispute arbitrability, and prima facie referral standard.

Civil & Injunctions
3-Judge Bench 2020

B. Santoshamma v. D. Sarala

(2020) 19 SCC 80
Specific Performance is a St...Specific Performance of Part...Relinquishment of Balance Cl...

In a modern landmark judgment on property contracts, the Supreme Court held that following the Specific Relief (Amendment) Act, 2018, the grant of specific performance is no longer a disc...

Civil & Injunctions
2020

Dahiben v. Arvindbhai Kalyanji Bhanusali

(2020) 7 SCC 366
Order VII Rule 11 CPCArticle 58 & 59 Limitation Act

Plaint disclosing illusory cause of action or barred by limitation must be rejected at threshold.

Civil & Injunctions
2020

Nazir Mohamed v. J. Kamala

(2020) 19 SCC 57
Section 100 CPC, 1908

Scope of Second Appeal: High Court cannot interfere with findings of fact without substantial question of law.

Civil & Injunctions
2020

Vidya Devi v. State of H.P.

(2020) 2 SCC 569
Article 300A Constitution of India

State cannot claim adverse possession over private land taken without paying compensation.

Civil & Injunctions
2020

Vineeta Sharma v. Rakesh Sharma

(2020) 9 SCC 1
Section 6 Hindu Succession Act (2005 Amendment)

Daughters have equal coparcenary rights by birth in ancestral property; living father not required.

Civil & Injunctions
2019

Ravinder Kaur Grewal v. Manjit Kaur

(2019) 8 SCC 729
Article 65 Limitation Act, 1963

Adverse possession can be used affirmatively as a 'Sword' to file suit for title declaration.

Civil & Injunctions
2019

SCG Contracts (India) Pvt. Ltd. v. K.S. Chamankar Infrastructure

(2019) 12 SCC 210
Order VIII Rule 1 CPCCommercial Courts Act 2015

In Commercial Suits, 120-day limit for Written Statement is mandatory with absolute forfeiture.

Commercial & Civil
2017

IDBI Trusteeship Services Ltd. v. Hubtown Ltd.

(2017) 1 SCC 568
Order 37 CPCLeave to DefendSummary Suits

Governing principles for granting leave to defend in Order 37 CPC summary suits, updating the classic Mechelec Engineers test following statutory amendments.

Commercial & Civil
5-Judge Constitution Bench 2017

National Insurance Co. Ltd. v. Pranay Sethi

(2017) 16 SCC 680
5-Judge BenchFuture ProspectsMACT Compensation

5-Judge Constitution Bench standardized motor accident compensation: standardized addition for future prospects and conventional damages with 10% triennial increase.

Civil & Injunctions
2016

Uttam v. Saubhag Singh

(2016) 4 SCC 68
Section 8 Hindu Succession Act, 1956

Joint family property partitioned and devolved under Section 8 loses ancestral character.

Civil & Injunctions
2015

Kailash Nath Associates v. DDA

(2015) 4 SCC 136
Section 74 Indian Contract Act, 1872

Forfeiture of Earnest Money: Permissible only if actual loss is suffered by vendor.

Civil & Injunctions
2014

Brijesh Kumar v. State of Haryana

(2014) 11 SCC 351
Section 5 Limitation Act, 1963

Section 5 Limitation Act: Delay cannot be condoned merely on sympathetic grounds.

Commercial & Civil
5-Judge Constitution Bench 2012

BALCO v. Kaiser Aluminium

(2012) 9 SCC 552 | 5-Judge Bench
Seat vs VenuePart I TerritorialityBhatia Overruled

Landmark 5-Judge Constitution Bench establishing that Part I does not apply to foreign-seated arbitrations, delineating seat vs venue.

Civil & Injunctions
2012

Maria Margarida Sequeria Fernandes v. Erasmo Jack de Sequeria

(2012) 5 SCC 370
Section 9 CPCSpecific Relief Act

Possession of caretaker, servant, or relative is only permissive; cannot claim injunction against owner.

Civil & Injunctions
2012

Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana

(2012) 1 SCC 656
Section 54 TPASection 17 & 49 Registration Act

Immovable property can only be transferred via registered Sale Deed; GPA sales banned.

Civil & Injunctions
Division Bench 2011

Kammana Sambamurthy v. Kalipatnapu Atchutamma

(2011) 11 SCC 153 | Division Bench
Section 12 SRASpecific PerformancePartial PerformanceUndivided Share

Supreme Court held that under Section 12(3) Specific Relief Act, a purchaser can seek specific performance of a co-owner's undivided share on relinquishing all claims to the rest.

Civil & Injunctions
Division Bench 2011

Ramrameshwari Devi v. Nirmala Devi

(2011) 8 SCC 249 | Division Bench
Section 35 CPCRealistic CostsFrivolous LitigationTrial Delays

Mandating the imposition of realistic, actual, and punitive costs under Section 35 CPC to curb frivolous litigation, false pleadings, and procedural abuse stalling civil decrees.

Civil & Injunctions
2010

Afcons Infrastructure Ltd. v. Cherian Varkey Construction

(2010) 8 SCC 24
Section 89 CPC, 1908

Exhaustive guidelines on mandatory reference of civil and commercial suits to Mediation / Lok Adalat.

Civil & Injunctions
2010

Karam Kapahi v. Lal Chand Public Charitable Trust

(2010) 4 SCC 753
Order XII Rule 6 CPC

Judgment on admissions under Order XII Rule 6 enables speedy judgment on clear admissions.

Civil & Injunctions
Division Bench 2010

Kashi Math Samsthan v. Shrimad Sudhindra Thirtha Swamy

(2010) 1 SCC 689 | Division Bench
Order 39 CPCTemporary InjunctionPrima Facie CaseMath Succession

Settled parameters for temporary injunction under Order XXXIX Rules 1 & 2 CPC: plaintiff must establish all three pillars—prima facie case, balance of convenience, and irreparable injury.

Civil & Injunctions
2010

Man Kaur v. Hartar Singh Sangha

(2010) 10 SCC 512
Section 16(c) Specific Relief Act, 1963

Purchaser must prove 'Readiness and Willingness' personally; GPA holder cannot depose.

Civil & Injunctions
2010

Mumbai International Airport (P) Ltd. v. Regency Convention Centre & Hotels (P) Ltd.

(2010) 7 SCC 417
Necessary vs Proper Party De...Scope of Specific Performanc...Dominus Litis Principle

The Supreme Court delivered an authoritative judgment clarifying the scope and judicial discretion under Order I Rule 10(2) of the Code of Civil Procedure, 1908 (addition of parties). The...

Civil & Injunctions
2010

Sree Swayam Prakash Ashramam v. G. Anandavally Amma

(2010) 2 SCC 689
Doctrine of Implied GrantContinuous and Apparent UserSeverance of Tenements

The Supreme Court delivered an authoritative judgment on the doctrine of implied grant of easement under the Indian Easements Act, 1882. The Court held that even where an easement does no...

Civil & Injunctions
2010

Suhrid Singh v. Randhir Singh

(2010) 12 SCC 112
Section 7(iv)(c) & 7(v) Court Fees Act, 1870

Calculation of Court Fee: Ad-valorem for executant seeking cancellation; Fixed fee for non-executant.

Civil & Injunctions
2009

Alka Bose v. Parmatma Devi

(2009) 2 SCC 582
Oral AgreementVendor SignedValid Contract

An oral agreement of sale is valid and enforceable; an agreement to sell signed only by the vendor and accepted by the purchaser creates a binding contract.

Civil & Injunctions
2009

Sarla Verma v. Delhi Transport Corporation

(2009) 6 SCC 121
MACT MultiplierPersonal DeductionMotor Vehicles Act

Standardized the multiplier table (18 to 5 based on age) and personal expense deductions (1/2 for bachelors, 1/3 for 2-3 dependents) in fatal accident claims.

Civil & Injunctions
2008

Anathula Sudhakar v. P. Buchi Reddy

(2008) 4 SCC 594
Section 34, 38 & 39 Specific Relief ActSection 9 CPC

Definitive charter on property suits: Bare injunction vs Declaration and Possession.

Civil & Injunctions
2007

P.T. Munichikkanna Reddy v. Revamma

(2007) 6 SCC 59
Animus Possidendi as Core Re...Property Right as a Human Ri...Permissive Possession Cannot...

In a transformative property law and human rights ruling authored by Justice S.B. Sinha, the Supreme Court re-evaluated the doctrine of adverse possession under Articles 64 and 65 of the ...

Civil & Injunctions
2007

Sanjay Verma v. Sanjeev Reddy

(2007) 7 SCC 144
Section 52 Transfer of Property Act, 1882

Doctrine of Lis Pendens: Transferee pendente lite is bound by final decree passed in suit.

Civil & Injunctions
Division Bench 2006

Prem Singh v. Birbal

(2006) 5 SCC 353 | Division Bench
Void vs VoidableArticle 59 LimitationCancellation of DeedPresumption of Truth

Supreme Court held that a voidable deed must be formally cancelled within 3 years under Article 59 Limitation Act; registered deeds carry a legal presumption of valid execution.

Civil & Injunctions
Division Bench 2006

Rajesh Kumar Aggarwal v. K.K. Modi

(2006) 4 SCC 385 | Division Bench
Order VI Rule 17Amendment of PleadingsReal ControversySubsequent Events

Authoritative ruling on amendment of pleadings under Order VI Rule 17 CPC; amendments must be allowed liberally if necessary to determine the real controversy.

Civil & Injunctions
Division Bench 2006

Seema Arshad Zaheer v. Municipal Corp. of Greater Mumbai

(2006) 11 SCC 282 | Division Bench
Order 39 CPCTemporary InjunctionPrima Facie CaseClean Hands

Supreme Court held that discretion under Order XXXIX CPC must be exercised judicially; an applicant seeking temporary injunction must establish clean hands and prima facie title.

Civil & Injunctions
2005

Atma Ram Properties (P) Ltd. v. Federal Motors

(2005) 1 SCC 705
Order 41 Rule 5 CPCMesne ProfitsStay of Eviction

Appellate court staying an eviction decree under Order 41 Rule 5 CPC has jurisdiction to direct the tenant to pay reasonable market rent / mesne profits during appeal.

Civil & Injunctions
2005

Kailash v. Nanhku

(2005) 4 SCC 480
Order VIII Rule 1 CPC

90-Day time limit for filing Written Statement is directory in ordinary civil suits.

Civil & Injunctions
3-Judge Bench 2005

Salem Advocate Bar Association (II) v. Union of India

(2005) 6 SCC 344 | 3-Judge Bench
Section 89 CPCMediation RulesOrder VIII Rule 1Civil Costs

Landmark CPC reform verdict approving mediation rules under Section 89, holding 90-day written statement deadline directory, and ordering realistic costs.

Civil & Injunctions
2004

Karnataka Board of Wakf v. Government of India

(2004) 10 SCC 779
Article 65 Limitation Act, 1963

Strict burden of Adverse Possession: Must prove Nec Vi, Nec Clam, Nec Precario.

Civil & Injunctions
2004

Rame Gowda v. M. Varadappa Naidu

(2004) 1 SCC 769
Section 6 Specific Relief ActSection 9 CPC

Settled Possession: Person in settled possession can protect possession even against true owner.

Civil & Injunctions
Division Bench 2003

B.L. Sreedhar v. K.M. Munireddy

(2003) 2 SCC 355 | Division Bench
Section 115 Evidence ActPromissory EstoppelEquitable EstoppelTitle to Property

Comprehensive Supreme Court treatise on Section 115 Evidence Act: definitive analysis of estoppel by representation, promissory estoppel, and its operation as an equitable rule of evidence.

Civil & Injunctions
2001

Santosh Hazari v. Purushottam Tiwari

(2001) 3 SCC 179
Section 100 CPCSubstantial Question of LawSecond Appeal

Formulated the classic, authoritative definition of what constitutes a 'substantial question of law' for High Court second appeals under Section 100 CPC.

Civil & Injunctions
2000

G.P. Srivastava v. R.K. Raizada

(2000) 3 SCC 54
Order IX Rule 13 CPC

Setting aside ex-parte decree: 'Sufficient cause' examined on the specific date of ex-parte order.

Civil & Injunctions
2000

R.K. Mohammed Ubaidullah v. Hajee C. Abdul Wahab

(2000) 6 SCC 402
Burden of Proof on Subsequen...Tenant's Possession as Const...Duty of Due Diligence

The Supreme Court delivered an authoritative judgment on the doctrine of bona fide purchaser for value without notice under Section 19(b) of the Specific Relief Act, 1963 and Section 3 of...

Civil & Injunctions
Division Bench 1999

K. Narendra v. Riviera Apartments

(1999) 5 SCC 77 | Division Bench
Specific PerformanceSection 20 SRAHardship DoctrinePrice Escalation

Equitable discretion under Section 20 Specific Relief Act; declining specific performance and awarding compensation where multi-decade litigation and phenomenal price escalation cause severe vendor hardship.

Civil & Injunctions
1999

Vidhyadhar v. Manikrao

(1999) 3 SCC 573
Mandatory Adverse InferenceSale Valid Without Immediate...Remedy for Unpaid Sale Consi...

In an indispensable civil law and evidence precedent, the Supreme Court established two fundamental principles of law. First, where a party to a suit does not enter the witness box to dep...

Civil & Injunctions
1998

N. Balakrishnan v. M. Krishnamurthy

(1998) 7 SCC 123
Section 5 LimitationCondonation of DelaySufficient Cause

Section 5 Limitation Act requires liberal construction of 'sufficient cause'; acceptability of explanation and absence of mala fides is the sole criterion, not length of delay.

Civil & Injunctions
3-Judge Bench 1998

Oriental Insurance Co. Ltd. v. Sunita Rathi

(1998) 1 SCC 365
Inception Time Governs Polic...No Automatic Retrospective O...Exoneration of Insurance Com...

The Supreme Court delivered a definitive judgment on the commencement and temporal liability of motor insurance policies under the Motor Vehicles Act. The Court held that an insurance pol...

Civil & Injunctions
1998

Samee Khan v. Bindu Khan

(1998) 7 SCC 59
Order XXXIX Rule 2A CPC

Power under Order XXXIX Rule 2A: Disobedience of injunction permits civil imprisonment and attachment.

Civil & Injunctions
1997

K.S. Vidyanadam v. Vairavan

(1997) 3 SCC 1
Specific Relief ActSpecific PerformanceInaction & Delay

In immovable property sale agreements, total inaction and unexplained delay coupled with steep price escalation disentitle the purchaser to specific performance.

Civil & Injunctions
1995

Gujarat Bottling Co. Ltd. v. Coca Cola Co.

(1995) 5 SCC 545
Order XXXIX Rules 1 & 2 CPC

The 3 Inflexible Pillars of Injunction: Prima Facie Case, Balance of Convenience, Irreparable Injury.

Civil & Injunctions
Division Bench 1995

N.P. Thirugnanam v. R. Jagan Mohan Rao

(1995) 5 SCC 115 | Division Bench
Section 16(c) SRAReadiness & WillingnessSpecific PerformanceContinuous Burden

Authoritative Supreme Court ruling on Section 16(c) Specific Relief Act: plaintiff must continuously prove readiness and willingness from the date of contract to the date of decree.

Civil & Injunctions
1995

R.D. Hattangadi v. Pest Control (India) Pvt. Ltd.

(1995) 1 SCC 551
Pecuniary vs Non-Pecuniary D...Heads of Pecuniary DamagesHeads of Non-Pecuniary Damag...

The Supreme Court delivered the foundational charter governing the assessment of compensation in personal injury and disability cases under the Motor Vehicles Act. Authoritatively dividin...

Civil & Injunctions
1994

Manmohan Service Station v. Mohd. Chhattar

(1994) 5 SCC 758
SublettingRent ControlExclusive Possession

Tests for unlawful subletting under rent control statutes; parting with legal possession to a third party without landlord's consent warrants eviction.

Civil & Injunctions
1993

Chand Rani v. Kamal Rani

(1993) 1 SCC 519
Section 55 Contract ActSpecific Relief Act

Time is ordinarily not the essence of contract for sale of immovable property.

Civil & Injunctions
1992

Dalpat Kumar v. Prahlad Singh

(1992) 1 SCC 719
Order XXXIX Rule 1 CPC

'Prima facie case' means a substantial triable issue raised, not proof to the hilt.

Civil & Injunctions
1990

Dorab Cawasji Warden v. Coomi Sorab Warden

(1990) 2 SCC 117
Section 39 Specific Relief ActOrder XXXIX Rule 2

Mandatory Injunction at interim stage is granted only in compelling, exceptional circumstances.

Civil & Injunctions
3-Judge Bench 1990

Wander Ltd. v. Antox India P. Ltd.

1990 Supp SCC 727 | 3-Judge Bench
Order 39 CPCAppellate PowersJudicial DiscretionPassing Off Injunction

The Magna Carta on appellate review of interlocutory injunctions: appellate court must not interfere with trial court discretion under Order XXXIX CPC merely because it would have taken a different view.

Civil & Injunctions
1987

Collector, Land Acquisition, Anantnag v. Mst. Katiji

(1987) 2 SCC 107
Liberal Construction of 'Suf...The 6 Foundational Principle...Substantial Justice vs Techn...

In one of the most widely cited judgments in Indian legal history, the Supreme Court delivered an enduring doctrine governing the condonation of delay under Section 5 of the Limitation Ac...

Civil & Injunctions
1982

Sardar Govindrao v. Devi Sahai

(1982) 1 SCC 237
Section 53A as a Defensive S...Possession Must Be Unequivoc...Mandatory Written Agreement

In a classic property law ruling, the Supreme Court laid down the mandatory statutory conditions required to invoke the equitable doctrine of part performance under Section 53A of the Tra...

Civil & Injunctions
3-Judge Bench 1976

Vaish Degree College v. Lakshmi Narain

(1976) 2 SCC 58 | 3-Judge Bench
Specific PerformancePersonal Service ContractThree ExceptionsArticle 311

Landmark 3-Judge Bench ruling on contract of personal service: specific performance cannot be granted except in three cases—Article 311 civil servants, industrial workers, and statutory bodies.

Civil & Injunctions
1962

Daryao v. State of U.P.

(1962) 1 SCR 574
Section 11 CPCArticle 32 & 226 Constitution

Res Judicata (Section 11 CPC) is a fundamental public policy rule against multiplicity of litigation.

Civil & Injunctions
4-Judge Bench 1962

Manohar Lal Chopra v. Seth Hiralal

AIR 1962 SC 527 | 4-Judge Bench
Section 151 CPCOrder 39 Rules 1-2Inherent InjunctionsAnti-Suit

Foundational 4-Judge Bench holding Order 39 CPC is not exhaustive; Civil Courts possess inherent powers under Section 151 CPC to issue temporary injunctions outside Order 39 to prevent injustice.

Civil & Injunctions
1959

H. Venkatachala Iyengar v. B.N. Thimmajamma

1959 Supp (1) SCR 426
Section 63 Succession ActSection 68 Evidence Act

Foundational judgment on Proof of Wills: Propounder must remove all suspicious circumstances.

Civil & Injunctions
1954

Satyabrata Ghose v. Mugneeram Bangur & Co.

(1954) SCR 310
Section 56 Contract ActFrustrationSpecific Performance

The foundational authority on Section 56 of the Contract Act; defines the doctrine of frustration and supervening impossibility in Indian contract law.

Related Practice Resources & Bare Acts

Deepen your case research with our complete statutory provisions, courtroom litigation guides, and other subject directories.

Code of Civil Procedure, 1908 (CPC)
Central Bare Act & Full Text
Civil Suits, Injunctions & Evidence Strategy Guides
Courtroom Strategy & Procedural Guides
All 328 Landmark Precedents
Master Precedents Repository & Search