NINAD P.

SHAH
ADVOCATE -HIGH COURT OF GUJARAT

Civil Procedure Code, 1908 : Case Laws

Sr. No. Topic Citation Particulars

331 Order 1 Rule (2005) 6 SCC 733 From a plain reading of the expression
10 “all the questions involved in the suit”
‘Questions used in Order 1 Rule 10(2) CPC is
involved in abundantly clear that the legislature
the suit’ clearly meant that only the controversies
raised as between the parties to the
litigation must be gone into, that is to say,
controversies with regard to the right
which is set up and the relief claimed on
one side and denied on the other side
and not the controversies which may
arise between the plaintiffs or the
defendants inter se pr question between
the parties to the suit and a third party.

332 Tenenancy AIR 2013 NOC In a release application under Rent

Addition of 197 (All) Control Act in rest of joint tenancy it is
Parties not necessary to implead all joint tenants

333 Order 1 Rule (2005) 6 SCC 733 It is always open to the appellate court to
10 interfere with an order allowing an
Appeal application for addition of parties when it
is found that the court below had gone
wrong in concluding that the person
sought to be added in the suit were
necessary or proper parties to be added
as defendants in the suit instituted by the
plaintiff-appellant or if it is held that two
court below had acted without
jurisdiction or acted illegally and with
material irregularity in exercise of their
jurisdiction in the matter of allowing the
application for addition of parties filed
under Order 1 Rule 10.

334 order 1 Rule (2015) 15 SCC Amendment of plaint at first appeal stage
10 557 to implead necessary party is
At any stage permissible.
of suit

335 Order 2 Rule (2007) 7 SCC 148 Under O2 R1 which contains provisions
1 of mandatory nature, the requirement is
Extent and that the plaintiffs are duty bound to claim
applicability the entire relief. The suit has to be so

Email ID – adv.ninad.shah@gmail.com
 NINAD P. SHAH
ADVOCATE -HIGH COURT OF GUJARAT

framed as to afford ground for final

decision upon the subjects in dispute and
to prevent further litigation concerning
them.

336 Order 2 Rule (2007) 11 SCC 75 O2 R2 is directed to securing an

2 exhaustion of the relief in respect of a
Nature and cause of action and not to the inclusion in
Scope one and the same action of different
causes of action, even though they may
arise from the same transaction.

337 Order 2 Rule (2004) 11 SCC Provisions of O2 R2 bars the remedy of

2 219 the plaintiff, therefore, must be strictly
Interpretatio construed.
n

338 Order 2 Rule (2012) 8 SCC 563 Order 2 deals with the frame of suit and
2 reliefs thereunder whereas winding up
Winding up proceedings initiated under COmpanies
proceedings Act, 1956 are not suit but a petition.
Hence, provision of O2 R2 would not be
Purview attracted. winding up proceedings are
outside the purview of O2 R2.

339 Order 2 Rule (2010) 10 SCC Constructive res judicata deals with
2 141 grounds of attack and defense which
And Res ought to have been raised but not raised.
Judicata O2 R2 relates to reliefs which ought to
have been claimed on the same cause of
action but not claimed.

340 Order 2 Rule (2008) 11 SCC A suit is filed on a cause of action. what
2 753 would constitute a cause of action is now
Cause of settled. it would mean a bundle of facts
action which would be necessary to be proved
by the plaintiff so as to enable him to
obtain a decree.

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