Code of Civil Procedure, 1908
Year: 1908 · Total entries: 404
Orders
ORDER I — ORDER I
- 1. Who may be joined as plaintiffs. All Persons may be joined in one suit as plaintiffs in
- 2. Power of Court to order separate trials. Where it appears to the Court that any joinder of
- 3. Who may be joined as defendants. All persons may be joined as defendants against whom
- 4. Court may give judgement for or against one or more of joint parties. Judgment may be
- 5. Defendant need not be interested in all the relief claimed. It shall not be necessary that
- 6. Joinder of parties liable on same contract. The plaintiff may, at his option, join as parties
- 7. When plaintiff in doubt from whom redress is to be sought. Where the plaintiff is in
- 8. One person may sue or defend on behalf of all in same interest.__ (1) Where there are
- 9. Misjoinder and nonjoinder. No suit shall be defeated by reason of the misjoinder or non-
- 10. Suit in name of wrong plaintiff.__ (1) Where a suit has been instituted in the name of the
- 11. Conduct of suit. The Court may give the conduct of the suit to such person as it deems
- 12. Appearance of one of several plaintiffs of defendants for others.__ (1) where there are
- 13. Objections as to non-joinder or misjoinder. All objections on the ground of non-joinder
ORDER II — ORDER II
- 1. Frame of suit. Every suit shall as far as practicable be framed so as to afford ground for
- 2. Suit to include the whole claim.__ (1) Every suit shall include the whole of the claim which
- 3. Joinder of causes of action.__ (1) Save as otherwise provided, a plaintiff may unite in the
- 4. Only certain claims to be joined for recovery of immoveable property. No cause of
- 5. Claims by or against executor, administrator or heir. No claim by or against an executor,
- 6. Power of Court to order separate trials. Where it appears to the Court that any causes of
- 7. Objections as to misjoinder. All objections on the ground of misjoinder of causes of action
ORDER III — ORDER III
- 1. Appearances etc., may be in person, by recognized agent or by pleader. Any appearance,
- 2. Recognized agents. The recognized agents of parties by whom such appearances,
- 3. Service of process on recognized agent.__ (1) Processes served on the recognized agent of
- 5. Service of process on pleader. Any process served on the pleader of any party or left at the
- 6. Agent to accept service.__ (1) Besides the recognized agents described in rule 2 any person
ORDER IV — ORDER IV
ORDER V — ORDER V
- 1. Summons.__ (1) When a suit has been duly instituted a summons may be issued to the
- 2. Copy or statement annexed to Summons. Every summons shall be accompanied by a copy
- 3. Court may order defendant or plaintiff to appear in person.__ (1) Where the Court sees
- 4. No party to be ordered to appear in person unless resident within certain limits. No
- 5. Summons to be either to settle issues or for final disposal. The Court shall determine, at
- 6. Fixing day for appearance of defendant. The day for the appearance of the defendant shall
- 7. Summons to order defendant to produce documents relied on by him. The summons to
- 8. On issue of summons for final disposal, defendant to be directed to produce his
- 9. Delivery or transmission of summons for service.__ (1) Where the defendant resides within
- 10. 1 Added by Act. XIV of
- 11. Service on several defendants. Save as otherwise prescribed, where there are more
- 12. Service to be on defendant in person when practicable or on his agent. Wherever it is
- 13. Service on agent by whom defendant carries on business.__ (1) In a suit relating to any
- 14. Service on agent in charge in suits for immoveable property. Where in a suit to obtain
- 15. Where service may be on male member of defendant’s family. Where in any suit the
- 16. Person served to sign acknowledgment. Where the serving officer delivers or tenders a
- 17. Procedure when defendant refuses to accept service, or cannot be found. Where the
- 18. Endorsement of time and manner of service. The serving officer shall, in all cases in
- 19. Examination of serving officer. Where a summons is returned under rule 17, the Court
- 20. Substituted service. 1[(1) Where the Court is satisfied that there is reason to believe that
- 21. Service of summons where defendant resides within jurisdiction of another Court. A
- 22. [Service within Presidency towns of summons issued by Courts outside.] Omitted by A. O.,
- 23. Duty of Court to which summons is sent. The Court to which a summons is sent under rule
- 24. Service on defendant in prison. Where the defendant is confined in a prison, the summons
- 25. Service where defendant resides out of Pakistan and has no agent. Where the defendant
- 26. Service in foreign territory through Political Agent or Court. Where__
- 27. Service on civil public officer or on servant of railway company or local authority.
- 28. Service on soldiers, sailors or airmen. Where the defendant is a soldier, 9[sailor] 10[or
- 29. Duty of person to whom summons is delivered or sent for services.__ (1) Where a
- 30. Substitution of letter for summons.__ (1) The Court may, notwithstanding anything
ORDER VI — ORDER VI
- 1. Pleading. “Pleading” shall mean plaint or written statement.
- 2. Pleading to state material facts and not evidence. Every pleading shall contain, and
- 3. Forms of pleading. The forms in Appendix A when applicable, and where they are not
- 4. Particulars to be given where necessary. In all cases in which the party pleading relies on
- 5. Further and better statement, or particulars. A further and better statement of the nature
- 6. Condition precedent. Any condition precedent, the performance or occurrence of which is
- 7. Departure. No pleading shall, except by way of amendment, raise any new ground of claim
- 8. Denial of contract. Where a contract is alleged in any pleading, a bare denial of the same
- 9. Effect of document to be stated. Wherever the contents of any document are material, it
- 10. Malice, knowledge, etc. Wherever it is material to allege malice, fraudulent intention,
- 11. Notice. Wherever it is material to allege notice to any person of any fact, matter or thing,
- 12. Implied contract or relation. Whenever any contract or any relation between any persons
- 13. Presumptions of law. Neither party need in any pleading allege any matter of fact which
- 14. Pleading to be signed. Every pleading shall be signed by the party and his pleader (if any):
- 15. Verification of pleadings.__ (1) Save as otherwise provided by any law for the time being
- 16. Striking out pleadings. The Court may at any stage of the proceedings order to be struck
- 17. Amendment of pleadings. The Court may at any stage of the proceedings allow either
- 18. Failure to amend after order. If a party who has obtained an order for leave to amend
ORDER VII — ORDER VII
- 1. Particulars to be contained in plaint. The plaint shall contain the following particulars:__
- 2. In money suits. Where the plaintiff seeks the recovery of money, the plaint shall state the
- 3. Where the subject-matter of the suit is immoveable property. Where the subject-matter
- 4. When plaintiff sues as representative. Where the plaintiff sues in a representative character
- 5. Defendant`s interest and liability to be shown. The plaint shall show that the defendant is
- 6. Grounds of exemption from limitation law. Where the suit is instituted after the expiration
- 7. Relief to be specifically stated. Every plaint shall state specifically the relief which the
- 8. Relief founded on separate grounds. Where the plaintiff seeks relief in respect of several
- 9. Procedure of admitting plaint.__ 1[(1)The plaintiff shall endorse on the plaint, or annex
- 10. Return of plaint.__ (1) The plaint shall at any stage of the suit be returned to be presented
- 11. Rejection of plaint. The plaint shall be rejected in the following cases:__
- 12. Procedure on rejecting plaint. Where a plaint is rejected the Judge shall record an order
- 13. Where rejection of plaint does not preclude presentation of fresh plaint. The rejection
- 14. Production of document on which plaintiff sues. __ (1) Where a plaintiff sues upon a
- 15. Statement in case of documents not in plaintiff’s possession or power. Where any such
- 16. Suits on last negotiable instruments. Where the suit is founded upon a negotiable
- 17. Production of shop-book.__ (1) Save in so far as is otherwise provided by the Bankers’
- 18. Inadmissibility of document not produced when plaint filed.__ (1) A document which
- 20. Nature of address to be filed. An address for service filed under the preceding rule shall
- 21. Consequences of failure to file address. Where a plaintiff or petitioner fails to file an
- 22. Procedure when party not found at the place of address.__ (1) Where a party is not
- 23. Service on pleader. Where a party engages a pleader, notices, summons or other processes
- 24. Change of address. A party who desires to change the address for service given by him as
- 25. Service by other modes. Nothing in these rules shall prevent the Court from directing the
- 26. List of legal representatives of Plaintiff.__ (1) In every suit of the nature referred to in rule
ORDER VIII — ORDER VIII
- 1. Written statement. The defendant may, and, if so required by the Court, shall, at or before
- 2. New facts must be specially pleaded. The defendant must raise by his pleading all matters,
- 3. Denial to be specific. It shall not be sufficient for a defendant in his written statement to
- 4. Evasive denial. Where a defendant denies an allegation of fact in the plaint, he must not do
- 5. Specific denial. Every allegation of fact in the plaint, if not denied specifically or by
- 6. Particular of set-off to be given in written statement.__ (1) Where in a suit for the
- 7. Defence or set-off founded on separate grounds. Where the defendant relies upon several
- 8. New ground of defence. Any ground of defence which has arisen after the institution of the
- 9. Subsequent Pleadings. No pleading subsequent to the written statement of a defendant other
- 10. Procedure when party fails to present written statement called for by Court. Where
- 12. Consequences of failure to file address.__ (1) Where a party fails to file an address for
- 13. List of legal representatives of defendant.__ (1) In every suit of the nature referred to in
ORDER IX — ORDER IX
- 1. Parties to appear on day fixed in summons for defendant to appear and answer. On the
- 2. Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay
- 3. Where neither party appears, suit to be dismissed. Where neither party appears when the
- 4. Plaintiff may bring fresh suit or Court may restore suit to file. Where a suit is dismissed
- 5. Dismissal of suit where plaintiff, after summons returned unserved, fails for three
- 6. Procedure when only plaintiff appears.__ (1) Where the plaintiff appears and the defendant
- 7. Procedure where defendant appears on day of adjourned hearing and assigns good
- 8. Procedure where defendant only appears. Where the defendant appears and the plaintiff
- 9. Decree against plaintiff by default bars fresh suit.__ (1) Where a suit is wholly or partly
- 10. Procedure in case of non-attendance of one or more of several plaintiffs. Where there
- 11. Procedure in case of non-attendance of one or more of several defendants. Where there
- 12. Consequence of non-attendance, without sufficient cause shown, of party ordered to
- 14. No decree to be set aside without notice to opposite party. No decree shall be set aside on
ORDER X — ORDER X
- 1. Ascertainment whether allegations in pleadings are admitted or denied. At the first hearing
- 2. Oral examination of party or companion of party. At the first hearing of the suit, or at any
- 3. Substance of examination to be written. The substance of the examination shall be reduced to
- 4. Consequence of refusal or inability of pleader to answer.__ (1) Where the pleader of any party
ORDER XI — ORDER XI
- 1. Discovery by interrogatories. In any suit the plaintiff or defendant by leave of the Court may
- 2. Particular interrogatories to be submitted. On an application for leave to deliver
- 3. Costs of interrogatories. In adjusting the costs of the suit inquiry shall at the instance of
- 4. Forms of interrogatories. Interrogatories shall be in Form No.2 in Appendix C, with such
- 5. Corporations. Where any party to a suit is a corporation or a body of persons, whether
- 6. Objections to interrogatories by answer. Any objection to answering any interrogatory on
- 7. Setting aside and striking out interrogatories. Any interrogatories may be set aside on the
- 8. Affidavit in answer, filing. Interrogatories shall be answered by affidavit to be filed within
- 9. Forms of affidavit in answer. An affidavit in answer to interrogatories shall be in Form
- 10. No exception to be taken. No exception shall be taken to any affidavit in answer, but the
- 11. Order to answer or answer further. Where any person interrogated omits to answer, or
- 12. Application for discovery of documents. Any party may, without filing any affidavit,
- 13. Affidavit of documents. The affidavit to be made by a party against whom such order as
- 14. Production of documents. It shall be lawful for the Court, at any time during the pendency
- 15. Inspection of documents referred to in pleadings or affidavits. Every party to a suit shall
- 16. Notice to produce. Notice to any party to produce any documents referred to in his pleading
- 17. Time for inspection when notice given. The party to whom such notice is given shall,
- 18. Order for inspection.__ (1) Where the party served with notice under rule 15 omits to give
- 19. Verified copies.__ (1) Where inspection of any business books is applied for the Court may,
- 20. Premature discovery. Where the party from whom discovery of any kind or inspection is
- 21. Non-compliance with order for discovery. Where any party fails to comply with any
- 22. Using answers to interrogatories at trial. Any party may, at the trial of a suit, use in
- 23. Order to apply to minors. This order shall apply to minor plaintiffs and defendants, and
ORDER XII — ORDER XII
- 1. Notice of admission of case. Any party to a suit may give notice, by his pleading, or
- 2. Notice to admit documents. Either party may call upon the other party to admit any
- 3. Form of notice. A notice to admit documents shall be in Form No.9 in Appendix C, with
- 4. Notice to admit facts. Any party may, by notice in writing, at any time not later than nine
- 5. Forms of admission. A notice to admit facts shall be in Form No.10 in Appendix C, and
- 6. Judgment on admissions. Any party may, at any stage of a suit, where admissions of fact
- 7. Affidavit of signature. An affidavit of the pleader or his clerk, of the due signature of any
- 8. Notice to produce documents. Notice to produce documents shall be in Form No.12 in
ORDER XIII — ORDER XIII
ORDER XIV — ORDER XIV
ORDER XV — ORDER XV
ORDER XVI — ORDER XVI
ORDER XVII — ORDER XVII
ORDER XVIII — ORDER XVIII
ORDER XIX — ORDER XIX
ORDER XX — ORDER XX
ORDER XXI — ORDER XXI
ORDER XXII — ORDER XXII
ORDER XXIII — ORDER XXIII
ORDER XXIV — ORDER XXIV
ORDER XXV — ORDER XXV
ORDER XXVI — ORDER XXVI
ORDER XXVII — ORDER XXVII
ORDER XXVIII — ORDER XXVIII
ORDER XXIX — ORDER XXIX
ORDER XXX — ORDER XXX
ORDER XXXI — ORDER XXXI
ORDER XXXII — ORDER XXXII
ORDER XXXIII — ORDER XXXIII
ORDER XXXIV — ORDER XXXIV
ORDER XXXV — ORDER XXXV
ORDER XXXVI — ORDER XXXVI
ORDER XXXVII — ORDER XXXVII
ORDER XXXVIII — ORDER XXXVIII
ORDER XXXIX — ORDER XXXIX
ORDER XL — ORDER XL
ORDER XLI — ORDER XLI
ORDER XLII — ORDER XLII
ORDER XLIII — ORDER XLIII
ORDER XLIV — ORDER XLIV
ORDER XLV — ORDER XLV
ORDER XLVI — ORDER XLVI
ORDER XLVII — ORDER XLVII
ORDER XLVIII — ORDER XLVIII
ORDER XLIX — ORDER XLIX
ORDER L — ORDER L
ORDER LI — ORDER LI
Sections
, commencement and extent...
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of the Code to the Revenue Courts...
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The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cogn...
No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted ...
No Court shall try suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit...
Bar to further suit.__ (1)...
A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they ...
The Court shall presume, upon the production of any document purporting to be a certified copy of a foreign Judgment, that such Judgment was pronounce...
Every suit shall be instituted in the Court of the lowest grade competent to try it....
Subject to the pecuniary or other limitations prescribed by any law, suits__ (a) for the recovery of immoveable property with or without rent or profi...
jurisdiction of different Courts. Where a suit is to obtain relief respecting, or compensation for wrong to, immoveable property situate with in the j...
local limits of jurisdiction, of Courts are uncertain.__ (1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which ...
Where a suit is for compensation for wrong done to the person or to moveable property, if the wrong was done within the local limits of the Jurisdicti...
defendants reside or cause of action arises. Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits o...
No objection as to the place of suing shall be allowed by any appellate or revisional Court unless such objection was taken in the Court of first inst...
be instituted in more than one Court. Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any def...
(1) Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the App...
(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motio...
suit, etc...
suits.] Omitted by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955). INSTITU...
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Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed....
in another Province.__ (1) A Summons may be sent for service in another Province to such Court and in such manner as may be prescribed by rules in for...
Service of foreign summonses. Summonses 2[and other processes...
Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any par...
The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects....
The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may___ (a) issue a warrant f...
The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow. 1 Subs. by the Adaptation of Central A...
(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate as the Court deems reasonab...
1) Subject to such conditions and limitations, as may be prescribed, and to the provisions of any law for the time being in force,__ (i) a part...
Costs...
If, on the date fixed for hearing in any proceedings, a party to the proceedings or any other person, despite service of notice, fails to appear or co...
(1) If in any proceedings, the Court finds that any averment made by any party is false or vexatious to the knowledge of such party, the Court shall a...
The Government shall not be liable to costs under section 35, 35A and 35B. Explanation.__ In sections 35, 35A and 35B, the expression “proceedings” in...
to orders. The provisions of this Code relating to the execution of decrees shall, so far as they are applicable, be deemed to apply to the execution ...
The expression “Court which passed a decree,” or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugn...
A decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution....
(1) The Court which passed a decree may, on the application of the decree-holder, send it for execution to another Court,__ (a) if the person agai...
Where a decree is sent for execution in another Province, it shall be sent to such Court and executed in such manner as may be prescribed by rules in ...
The Court to which a decree is sent for execution shall certify to the Court which passed it the fact of such execution, or where the former Court fai...
decree...
Courts in places to which this Part does not extend or in foreign territory. Any decree passed by a Civil Court established in any to which the provis...
sed by Courts in the United Kingdom and other reciprocating territory...
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(1) Upon the application of the decree-holder the Court which passed the decree may, whenever it thinks fit, issue a precept to any other Court which ...
__ (1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, ...
And Legal Representatives...
Every transferee of a decree shall hold the same subject to the equities (if any) which the Judgment-debtor might have enforced against the original d...
(1) Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execut...
Subject to such conditions and limitations as may be prescribed, the Court may, on the application of the decree-holder, order execution of the decree...
(1) Where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the p...
For the purposes of section 50 and section 52, property in the hands of a son or other descendant which is liable under Hindu law for the payment of t...
Where the decree is for the partition of an undivided estate assessed to the payment of revenue to , or for the separate possession of a share of such...
(1) A judgment-debtor may be arrested in execution of a decree at any hour and on any day, and shall, as soon as practicable, be brought before the Co...
women in execution of decree for money. Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the 2[*] prison of...
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Release from detention.__ Every person detained in prison in execution of a decree shall be released from such detention, before the expiry of the per...
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in execution of decree.__ (1) The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildin...
The 2* * * may, by general or special order published in the to be necessary for the purpose of providing until the next harvest for the due cultivati...
(1) No person executing any process under this Code directing or authorizing seizure of moveable property shall enter any dwelling-house after sunset ...
(1) Where property not in the custody of any Court is under attachment in execution of decrees of more Courts than one, of the Court which shall recei...
Where an attachment has been made, any private transfer or delivery of the property attached or of any interest therein and any payment to the judgmen...
sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the p...
ground of purchase being on behalf of plaintiff.__ (1) No suit shall be maintained against any person claiming title under a purchase certified by the...
rules as to sales of land in execution of decrees for payment of money Delegation To Collector of Power to Execute Decrees Against Immoveable Property...
to Collector execution of certain decrees. The [Provincial Government] may, , declare, by notification in the , that in 2 any local area the execution...
The provisions set forth in the Third Schedule shall apply to all cases in which the execution of a decree has been transferred under the last precedi...
(1) The may make rules consistent with the aforesaid provisions__ (a) for the transmission of the decree from the Court to the Collector, and for regu...
In executing a decree transferred to the Collector under section 68 the Collector and his subordinates shall be deemed to be acting judicially....
stay public sale of land.__ (1) Where in any local area in which no declaration under section 68 is in force the property attached consists of land or...
rateably distributed among decree-holders.__ (1) Where assets are held by a Court and more persons than one have, before the receipt of such assets, m...
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Subject to such conditions and limitations as may be prescribed, the Court may issue a commission__ (a) to examine any person ; (b) to make a local in...
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__ (1) A commission for the examination of any person may be issued to any Court (not being a High Court) situate in a Province other than the Provinc...
In lieu of issuing a commission the Court may issue a of letter of request to examine a witness residing at any place not within ....
the provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by __ (a) Courts situa...
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In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity__ (a) the defendant s...
__ (1) Where the decree is against or against a public officer in respect of any such act as aforesaid, a time shall be specified in the decree within...
(1) Alien enemies residing with the permission of the , and alien friends, may sue in the Courts , as if they were . (2) No alien enemy residing witho...
(1) A foreign State may sue in any Court : Provided that such State has been recognized by the : Provided, also, that the object of the suit is to enf...
prosecute or defend for Ruler of foreign State.__ at the request of the Ruler of any foreign State, or at the request of any person competent, in the ...
State Immunity Ordinance, 1981 (VI of 1981), s.19....
(1) No proceeding in any Court shall lie against a diplomatic agent except in a case relating to__ 1 Ins. by the code of Civil Procedure (Amdt.) Act, ...
suits.] Repealed by the State Immunity Ordinance, 1981 (VI of 1981), s. 19. 2 [* * *]...
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Where two or more persons claim adversely to one another the same debt, sum of money or other property, moveable or immoveable, from another person, w...
1940 (X of 1940), s. 49 and Third Schedule. . SPECIAL CASE...
Alternate dispute resolution.__ The Court may, where it considers necessary, having regard to the facts and circumstances of the case, with the object...
Where any persons agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescri...
(1) In the case of a public nuisance the Advocate General, or two or more persons having , may institute a suit, though no special damage has been cau...
(1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where t...
The powers conferred by sections 91 and 92 on the Advocate General may, , be, with the previous sanction of the , exercised also by the Collector or b...
In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed,__ (a) issue a warrant to arrest the defendan...
injunction on in sufficient grounds.__ (1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted und...
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appeal from preliminary decree. Where any party aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such...
(l) where an appeal is heard by a Bench of two or more Judges, the appeal shall be decided in accordance with the opinion of such Judges or of the maj...
modified for error or irregularity not affecting merits or jurisdiction. No decree shall be reversed or substantially varied, nor shall any case be re...
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No second appeal shall lie except on the grounds mentioned in section 100....
No second appeal shall lie in any suit except when the amount or value of the subject matter of the original suit does not exceed the amount or value ...
In any second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue of fact necessary for disposal of the appea...
(1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being ...
(1) Save as otherwise expressly provided, no appeal shall lie from any order made by a Court in the exercise of its original or appellate jurisdiction...
Provisions Relating to Appeals...
(1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power__ (a) to determine a case finally; (b)...
The provisions of this Part relating to appeals from original decrees shall, so far as may be, apply to appeals__ (a) from appellate decrees, and (b) ...
Court...
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Notwithstanding anything contained in section 109, no appeal shall 5 lie to [the Supreme Court]: (a) from the decree or order of one Judge of a High C...
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s.__ ; or (b) to interfere with any rules made by the Supreme Court, and for the time being in force, for the presentation of appeals to that Court, o...
Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and ...
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This Part applies only to High Courts...
of Code to High Courts. Save as provided in this Part or in Part X or in rules, the provisions of this Code shall apply to 1[*] High Courts....
Where any 3* High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the a...
Nothing in this Code shall be deemed to authorise any person on behalf of another to address the Court in the exercise of its original civil jurisdict...
in original civil jurisdiction.__ (1) The following provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, n...
The rules in the First Schedule shall have effect as if enacted in the body of this Code until annulled or altered in accordance with the provisions o...
] may, from time to time after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subject to their ...
(1) A Committee, to be called the Rule Committee, shall be constituted at referred to in section 122]. (2) Each such Committee shall consist of the fo...
Every Rule Committee shall make a report to the High Court established at the town at which it is constituted on any proposal to annul, alter or add t...
Act No. XIII 1916, s. 2 and Sch. 2 Ins. by Act No. XXXII of 1925, s. 2 and Sch., were omitted by Adaptation Order, 1949. 3 Omitted by Act No. XI of 19...
Rules to be subject to approval. Rules made under the foregoing provisions shall be subject to the previous approval of the Government of the Province...
Rules so made and shall be published in the , and shall from the date of publication or from such other date as may be specified have the same force a...
(1) Such rules shall be not inconsistent with the provisions in the body of this Code, but, subject thereto, may provide for any matters relating to t...
to make rules as to their original civil procedure. Notwithstanding anything in this Code, any High Court may make such rules not inconsistent with to...
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Rules made in accordance with section 129 shall be published in the and shall from the date of publication or from such other date as may be specified...
(1) Women who, according to the customs and manners of the country7 ought not to be compelled to appear in public shall be exempt from personal appear...
(1) The may, by notification2 in the , exempt from personal appearance in Court any person whose rank, in the opinion of such Government, entitles him...
The provisions of sections 55, 57 and 59 shall apply, so far as may be, to all persons arrested under this Code....
(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from, his ...
from arrest and detention under civil process...
or property to be attached is outside district.__ (1) Where an application is made that any person shall be arrested or that property shall be attache...
(1) The language which, on the commencement of this Code, is the language of any Court subordinate to a High Court shall continue to be the language o...
evidence to be recorded in English.__ (1) The may, by notification in the , direct with respect to any Judge specified in the notification, or failing...
In the case of any affidavit under this Code__ (a) any Court or Magistrate, or (b) any officer or other person whom a High Court may appoint in this b...
(1) In any Admiralty or Vice-Admiralty cause of salvage, towage or collision, the Court, whether it be exercising its original or its appellate jurisd...
Miscellaneous proceedings.__ The procedure provided in this Code with regard to suits shall be followed, as far as it can be made applicable, in all p...
All orders and notices served on or given to any person under the provisions of this Code shall be in writing....
Postage, where chargeable on a notice, summons or letter issued under this Code and forwarded by post, and the fee for registering the same, shall be ...
for restitution.__ (1) Where and in so far as a decree is varied or reversed, the Court of first instance shall, on the application of any party entit...
Where any person has become liable as surety__ (a) for the performance of any decree or any part thereof, or (b) for the restitution o...
Save as otherwise provided by this Code or by any law for the time being in force, where any proceeding may be taken or application made by or against...
In all suits to which any person under disability is a party, any consent or agreement, as to any proceeding shall, if given or made with the express ...
Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from ...
Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees has not been paid, th...
Save as otherwise provided, where the business of any Court is transferred to any other Court, the Court to which the business is so transferred shall...
of inherent powers of Court. Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make 1 Ins. by Act N...
Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be co...
The Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and ...
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Notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made and power...
and other repealed enactments. In every enactment or notification passed or issued before the commencement of this Code in which reference is made to ...
by the Code of Civil Procedure (Amdt.) Ordinance, 1980 (X of 1980), s. 9. ATTACHMENT...
of that section by the Code of civil Procedure (Amdt.) Ordinance, No. XLIV of 1962, s. 10. 2 Sub-section (2) added ibid. 3 Amended by Adaptation Order...
(1) Where an application to execute a decree not being a decree granting an injunction has been made, no order for the execution of the same decree sh...
majesty or by” omitted by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956)....
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been so subs. on the 14th day of October, 1955, by the Code of Civil Procedure (Amdt.) Ordinance, 1960 (22 of 1960), s.3, for the existing sub-section...
to Rulers of Acceding States, etc.] Omitted by the Code of Civil Procedure (Amdt.) Act, 1972 (II of 1972), s.2. INTERPLEADER...
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Schedules
THE FIRST SCHEDULE
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THE SECOND SCHEDULE.__[Arbitration] Rep. by the Arbitration Act, 1940 (X of 1940), s.
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THE THIRD SCHEDULE
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THE FOURTH SCHEDULE.__ [Enactments amended.] Omitted by the Federal Laws (Revision and
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THE FIFTH SCHEDULE.__ [Repealed]
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The Schedule
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