WritingLaw (Page 269)

ORDER XXXVII of CIVIL PROCEDURE CODE (CPC) – SUMMARY PROCEDURE 1. Courts and classes of suits to which the Order is to apply. (1) This Order shall apply to the following Court, namely- (a) High Courts, City Civil Courts and Courts of Small Causes; and (b) other Courts; Provided thatRead…

ORDER XXXVIII of CIVIL PROCEDURE CODE (CPC) – ARREST AND ATTACHMENT BEFORE JUDGEMENT Arrest before judgment  1. Where defendant may be called upon to furnish security for appearance. Where at any stage of a suit, other than a suit of the nature referred to in section 16, clauses (a) toRead…

ORDER XXXIX of CIVIL PROCEDURE CODE (CPC) – TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS. Temporary injunctions. 1. Cases in which temporary injunction may be granted. Where in any suit it is proved by affidavit or otherwise- (a) that any property in dispute in a suit is in danger of being wasted, damagedRead…

ORDER XL of CIVIL PROCEDURE CODE (CPC) – APPOINTMENT OF RECEIVERS. 1. Appointment of receivers. (1) Where it appears to the Court to be just and convenient, the Court may by order- (a) appointment a receiver of any property, whether before or after decree; (b) remove any person from theRead…

ORDER XLI of CIVIL PROCEDURE CODE (CPC) – APPEALS FROM ORIGINAL DECREES 1. Form of appeal. What to accompany memorandum. (1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as itRead…

ORDER XLII of CIVIL PROCEDURE CODE (CPC) – APPEALS FROM APPELLATE DECREES 1. Procedure. The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees. 2. Power of Court to direct that the appeal be heard on the question formulated by it. At theRead…

ORDER XLIII of CIVIL PROCEDURE CODE (CPC) – APPEALS FROM ORDERS 1. Appeal from orders. An appeal shall lie from the following orders under the provisions of section 104, namely- (a) an order under rule 10 of Order VII returning a plaint to be presented to the proper Court [exceptRead…

ORDER XLIV of CIVIL PROCEDURE CODE (CPC) – APPEALS BY INDIGENT PERSONS 1. Who may appeal as an indigent person. Any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal,Read…

ORDER XLV of CIVIL PROCEDURE CODE (CPC) – APPEALS TO THE SUPREME COURT 1. “Decree” defined. In this Order, unless there is something repugnant in the subject or context, the expression “decree” shall include a final order. 2. Application to Court whose complained of. (1) Whoever desires to appeal theRead…

ORDER 46 of CIVIL PROCEDURE CODE (CPC) – REFERENCE. 1. Reference of question to High Court. Where, before or on the hearing of a suit or an appeal in which the decree is not subject to appeal, or where, in the execution of any such decree, any question of lawRead…

ORDER XLVII of CIVIL PROCEDURE CODE (CPC) – REVIEW. 1. Application for review of judgment. (1) Any person considering himself aggrieved- (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, (b) by a decree or order from which noRead…

ORDER XLVIII of CIVIL PROCEDURE CODE (CPC) – MISCELLANEOUS. 1. Process to be served at expense of party issuing. (1) Every process issued under this Code shall be served at the expense of the party on whose behalf it is issued, unless the Court otherwise directs. (2) Costs of service-Read…

ORDER XLIX of CIVIL PROCEDURE CODE (CPC) – CHARTERED HIGH COURTS. 1. Who may serve processes of High Court. Notice to produce documents, summonses to witnesses, and every other judicial process, issued in the exercise of the original civil jurisdiction of the High Court, and of its matrimonial, testamentary andRead…

ORDER L of CIVIL PROCEDURE CODE (CPC) – PROVINCIAL SMALL CAUSE COURTS. 1. Provincial Small Cause Courts. The provisions hereinafter specified shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887) or under the Berar Small Cause Courts Law, 1905 or to CourtsRead…

ORDER LI of CIVIL PROCEDURE CODE (CPC) – PRESIDENCY SMALL CAUSE COURTS. 1. Presidency Small Cause Courts. Save as provided in rules 22 and 23 of Order V, rules 4 and 7 of Order XXI, and rule 4 of Order XXVI, and by the Presidency Small Cause Courts Act, 1882Read…