WritingLaw (Page 271)

ORDER XIV of CIVIL PROCEDURE CODE (CPC) – SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON 1. Framing of issues. (1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other.Read…

ORDER XV of CIVIL PROCEDURE CODE (CPC) – DISPOSAL OF THE SUIT AT THE FIRST HEARING 1. Parties not at issue. Where at the first hearing of a suit it appears that the parties are not at issue on any question of law or of fact, the Court may atRead…

ORDER XVI of CIVIL PROCEDURE CODE (CPC) – SUMMONING AND ATTENDANCE OF WITNESSES 1. List of witnesses and summons to witnesses. (1) On or before such date as the Court may appoint, and not later than fifteen days after the date on which the issues are settled, the parties shallRead…

ORDER XVIA of CIVIL PROCEDURE CODE (CPC) – ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS  1. Definitions. In this Order- (a) “detained” includes detained under any law providing for preventive detention; (b) “prison” includes- (i) any place which has been declared by the State Government, by general or specialRead…

ORDER XVII of CIVIL PROCEDURE CODE (CPC) – ADJOURNMENTS 1. Court may grant time and adjourn hearing. (1) The Court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them, and may from time to time adjourn theRead…

ORDER XVIII of CIVIL PROCEDURE CODE (CPC) – HEARING OF THE SUIT AND EXAMINATION OF WITNESSES 1. Right to begin. The plaintiff has the right to begin unless the defendant admits the facts alleged by the plaintiff and contends that either in point of law or on some additional factsRead…

ORDER XIX of CIVIL PROCEDURE CODE (CPC) – AFFIDAVITS 1. Power to order any point to be proved by affidavit. Any Court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may beRead…

ORDER XX of CIVIL PROCEDURE CODE (CPC) – JUDGMENT AND DECREE 1. Judgment when pronounced. (1) The Court, after the case has been shall pronounce judgment in open Court either at once or, as soon thereafter as may be practicable, on some future day; and when the judgment is toRead…

ORDER XXA of CIVIL PROCEDURE CODE (CPC) – COSTS 1. Provisions relating to certain items. Without prejudice to the generality of the provisions of this Code relating to costs, the Court may award costs in respect of- (a) expenditure incurred for the giving of any notice required to be givenRead…

ORDER XXI of CIVIL PROCEDURE CODE (CPC) – EXECUTION OF DECREES AND ORDERS Payment under decree. 1. Modes of paying money under decree. (1) All money, payable under a decree shall be paid as follows, namely- (a) by deposit into the Court whose duty it is to execute the decree,Read…

Arrest and detention in the civil prison. 37. Discretionary power to permit judgment debtor to show cause against detention in prison. (1) Notwithstanding anything in these rules, where an application is for the execution of a decree for the payment of money by the arrest and detention in the civilRead…

Adjudication of claims and objections. 58. Adjudication of claims to, or objections to attachment of, property. (1) Where any claim is preferred to, or any objection is made to the attachment of, any property attached in execution of a decree on the ground that such property is not liable toRead…

ORDER XXII of CIVIL PROCEDURE CODE (CPC) – DEATH, MARRIAGE AND INSOLVENCY OF PARTIES 1. No abatement by party’s death if right to sue survives. The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives. 2. Procedure where one ofRead…

ORDER XXIII of CIVIL PROCEDURE CODE (CPC) – WITHDRAWAL AND ADJUSTMENT OF SUITS 1. Withdrawal of suit or abandonment of part of claim. (1) At any time after the institution of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon aRead…

ORDER XXIV of CIVIL PROCEDURE CODE (CPC) – PAYMENT INTO COURT 1. Deposit by defendant of amount in satisfaction of claim. The defendant in any suit to recover a debt or damage may, at any stage of the suit, deposit in Court such sum of money as he considers aRead…

ORDER XXV of CIVIL PROCEDURE CODE (CPC) – SECURITY FOR COSTS 1. When security for costs may be required from plaintiff. (1) At any stage of a suit, the Court may, either of its own motion or on the application of any defendant, order the plaintiff, for reasons to beRead…