Who is a "Necessary Party" in a Civil Suit : Supreme Court Explains the Issue
It has been held a “necessary party” is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the court. If a “necessary party” is not impleaded, the suit itself is liable to be dismissed.
Nak Engg. Co. Pvt Ltd v. Tarun Keshrichand Shah [2026] GCtR 8 (SC)
Property and Litigations : Supreme Court Explains the Law on Place of Filing Cases
Part 1 of Code of Civil Procedure, 1908 deals with “Suits in General” by which it is clear that a suit in which right to property is involved is a suit of civil nature and the Civil Court shall have the jurisdiction to take cognizance of it until barred expressly or impliedly. S. 15 onwards indicates the place to sue. On perusal, it is clear that such suit ought to be filed in the Court of lowest grade, competent to try it and as per S.16, the suit be instituted at a place where the subject matter is situate.
Alpha Residents Welfare Association v. Alpha Corp. Development Pvt Ltd [2024] GCtR 3471 (SC)
Order XI Rule 14 of Code of Civil Procedure, 1908 and Production of Documents
Order XI deals with Discovery and Inspection and contains 23 Rules and R.14 is applied during pendency of suit. In case of Shrikanth NS v. Munivenkatappa [2025] GCtR 1577 (SC) it was held that the plain reading of Order 11 R.14 of Code of Civil Procedure, 1908 would manifest that the same enables the Court to seek production of the documents during the pendency of the suit.
It was held that while allowing the application under Order XI Rule 14 of the CPC, the Trial Court has not adhered to the principles governing the disposal of the application under Order XI Rule 14 of the Code.
In this case, Trial Court has earlier rejected the plaint under Order 7 Rule 11. Later on, suit was dismissed and plaintiff filed appeal. The application under Order 11 Rule 14 was filed by plaintiff. When plaint was rejected under Order 7 Rule 11, then question of leading evidence does not arise.
Scope of Section 9 of Arbitration and Conciliation Act, 1996 Answered in a recent Judgment passed in July 2026 S.9 of Arbitration and Concil...