7 Landmark

Case Laws
on
CIVIL PROCEDURE
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 01.
Dr Subramaniam Swamy 1990

v.
Ramakrishna Hegde

Petitioner was sued for defamation in Bombay High

Court over a press conference. Although respondent
claimed to be the dominus litus and opposed the
transfer of the lawsuit.
Supreme Court considered the convenience of the
parties and the interests of justice. It held that the
Bombay High Court should transfer the case to the
City Civil Court in Bangalore, where most of the
evidence and witnesses were present.
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 02.
Daryao 1962

v.
State of UP

The petitioners, who were tenants of land for 50 years,

lost it to the respondents after leaving the village due
to communal disturbances.
A writ petition was filed under Article 226 at the
Allahabad High Court and Article 32 at the Supreme
Court of India for the same cause of action. Supreme
Court has placed the doctrine of res judicata on a
higher footing and dismissed the writ petition.

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 03.
Y. Narasimha Rao and Ors 1991

v.
Y. Venkata Lakshmi & Anr

The appellant married the respondent in Tirupati in

1975 and later filed for divorce in both Tirupati and
Missouri. The Missouri court granted the divorce, but
the Tirupati court dismissed it and accused the
appellant of bigamy.
High Court and Supreme Court upheld the Tirupati
court’s decision and rejected the foreign judgment
as not conclusive.

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 04.
Ashok Kumar Kalra v. 2018

Wing Cdr. Surendra

Agnihotri & Ors

A dispute emerged over the sale agreement's

performance. The petitioner responded with a
written statement and counterclaim after issue
framing. The trial court permitted the counterclaim
but the High Court later dismissed it.
Petitioner appealed to the Supreme Court. The
Supreme Court held it couldn't entertain a
counterclaim submitted after issues were framed in
a written declaration.
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 05.
R. Viswanathan v. 1963

Rukn-Ul-Mulk Syed Abdul

Wajid
After Ramalingam's passing, his will in Mysore and
Madras prompted probate requests. His sons filed
property possession suits in Bangalore and Madras
courts.
Mysore High Court's decision didn't bind the
Madras case due to differing jurisdictions. A foreign
court can issue an enforceable in rem judgment
for property within its jurisdiction, recognized in
Indian courts.
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 06.
Kulwinder Kaur 2008

v.
Kandi Friends Education Trust

A Dispute over trust's Punjab education chair

election. The Widow of slain founder-chair elected,
challenged by rival trustee's wife.
Widow moved the case from Ropar to Chandigarh
due to judge bias concerns. Supreme Court upheld
the transfer, dismissing the rival trustee's wife's
appeal.
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 07.
Pankajbhai Rameshbhai 2017

Zalavadia v.
Jethabhai Kalabhai Zalavadiya
Appellant filed a suit to set aside a sale deed of land
executed by deceased defendant no. 7 and Trial court
rejected his application to bring the legal heirs of the
deceased on record, holding that the suit against a
dead person was a nullity. The High Court affirmed
the trial court’s order.
Supreme Court reversed the High Court’s judgment
and held that suit was not a nullity and legal heirs
could be impleaded under Order 1 Rule 10 of CPC.
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