How to File a First Appeal under Section 96 CPC
A first appeal under Section 96 of CPC is the principal appellate remedy in civil litigation. It allows the appellate court to reconsider both the facts and the law involved in the
Execution of a Decree: How to Enforce a Judgment
Winning a civil suit is not the same as receiving what the court has awarded. A decree establishes a legal entitlement, but it does not automatically deliver the money, possession,
Rejection of Plaint under Order 7 Rule 11 CPC
Order 7 Rule 11 CPC allows a court to reject a plaint at the threshold, without a trial, where the plaint itself discloses a fatal defect. It is a powerful provision for a defendan
Specific Performance of a Contract: When Courts Grant It?
When a contract is breached, damages are ordinarily the primary remedy. However, specific performance of a contract may require the defaulting party to perform what it promised, su
Temporary Injunction: How to Obtain a Stay (Order 39 CPC)
A civil suit can take time to reach a final decision. During that period, a defendant may sell the disputed property, demolish a structure, dispose of goods, or take other steps th
How to File a Civil Suit in Gujarat: Step by Step
A civil suit in Gujarat is a legal remedy for enforcing private rights, including recovery of money, possession of property, declaration of title, specific performance of a contrac
Vacating an Ex-Parte Injunction in India: The Duty of Candour and Order XXXIX Rule 4
Introduction An ex-parte injunction is an extraordinary order: it restrains a party who has not been heard, on the strength of one side’s untested account. Precisely because
Specific Performance of a Sale Agreement: A Buyer’s Remedies and Burden of Proof (2026)
Executive Summary Specific performance sale agreement disputes constitute a significant portion of civil litigation in India involving immovable property. When a seller refuses to
Vendor Is Necessary Party In Specific Performance Suits Even If He Has Transferred Property To Third Party: Supreme Court
Introduction The Supreme Court of India has recently reaffirmed a fundamental principle of property law through its judgment in Kishorilal (D) Through LRS & Ors. vs. Gopal &
Preponderance of Probabilities: Civil & SEBI Standard of Proof Explained
Authored by: Aaditya Bhatt, Advocate Bhatt & Joshi Associates General Principles of Preponderance of Probabilities Definition and Legal Basis of Preponderance of Probabilities
Whatsapp
