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Civil Procedure

2 judgments · all topics

Supreme Court ·29 Sep 2026 ·Civil Procedure ★ Editor's pick

Supreme Court: Fresh suit for specific performance barred under Order II Rule 2 where the first suit sought only an injunction

The question: Is a second suit for specific performance barred by Order II Rule 2 CPC when the first suit sought only an injunction and was withdrawn with a request for liberty to file afresh?

The Supreme Court on 29 September 2026 set aside concurrent decrees for specific performance of an alleged oral agreement to sell land and dismissed the suit on two independent grounds. A bench of Justices J.B. Pardiwala and K. Vinod Chandran (judgment by Justice Vinod Chandran) held that the second suit was barred by Order II Rule 2 of the Code of Civil Procedure, because the plaintiff had earlier sued only for an injunction on the same oral contract, when the right to seek specific performance had already arisen, and had not obtained leave. It also held, for completeness, that the plaintiff had failed to prove a concluded oral contract. The plaintiffs, J P Iscon Private Ltd. and another, said they had struck an oral bargain with the first defendant company and others to buy a property. The price was said to have been fixed at Rs 18.51 crore, with a token advance, and then raised to Rs 20.50 crore at the defendants' insistence, with Rs 5,11,000 paid in cash and a cheque of Rs 5 crore handed over in January 2007. They first filed a suit at Mirzapur seeking only a permanent injunction against alienation of the property, and withdrew it on the footing of settlement talks, after which they filed the present suit for specific performance in 2007. The pleadings were amended in 2011. The Trial Court and the High Court decreed the suit, and the defendants, Bombay Garage Ahmedabad Limited and others, appealed.

Set aside C.A. No. 13255/2026
Supreme Court ·13 Jul 2026 ·Commercial Courts ★ Editor's pick

Supreme Court: Plaintiffs in commercial suits must answer a counter-claim within 30 days, extendable to 120 at most

The question: Does the mandatory time frame in the proviso to Order VIII Rule 1 CPC apply to a plaintiff's written statement in reply to a defendant's counter-claim in a commercial suit?

The Supreme Court on 13 July 2026 held that the strict time limits for a written statement in a commercial suit also bind a plaintiff who replies to a defendant's counter-claim. A bench of Justices Sanjay Kumar and K. Vinod Chandran (judgment by Justice Sanjay Kumar) held that the proviso to Order VIII Rule 1 of the Code of Civil Procedure, as applied to commercial suits, requires such a reply ordinarily within 30 days, with the court able to extend that, for sufficient cause and on costs, but never beyond 120 days. It also held that an order refusing leave to file a belated reply cannot be appealed under Section 13(1A) of the Commercial Courts Act, 2015. It dismissed the plaintiffs' appeals. The plaintiffs, A.K. Ghosh & Company and others, had supplied printing paper to the defendants. After a dispute over payment, they served a legal notice dated 16 June 2021 claiming Rs 74,65,527 with interest, which the defendants denied on 28 June 2021. They then filed a recovery suit in the Calcutta High Court, later renumbered CS (COM) No. 440 of 2024. The contesting defendants (Nos. 1, 2, 3, 5 and 6) filed a written statement and a counter-claim, copies of which were served on the plaintiffs' Advocate-on-Record under a letter dated 18 July 2023. The plaintiffs applied for leave to file their written statement to the counter-claim only on 15 March 2024, after 238 days. A Single Judge dismissed the application on 19 August 2024, reasoning that Order VIII Rule 6G applies the rules for a defendant's written statement to a reply to a counter-claim, so the plaintiffs could not escape the time frame under Order VIII Rule 1 as applied to commercial suits. A Division Bench dismissed their appeal on 26 February 2025, both as not maintainable and on merits. This Court stayed the suit on 23 May 2025 and heard the appeals.

Dismissed 2026 INSC 684