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CPC PRELIMINARY

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is hereby enacted as follows- PRELIMINARY – SECTION 1 to 8Keep Reading

EXECUTION

EXECUTION – PART II – Section 36 to 74 – CIVIL PROCEDURE CODE (CPC) General Section 36. Application to orders. The provisions of this Code relating to the execution of decree (including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed to applyKeep Reading

APPEALS

APPEALS – PART VII, Section 96-112 of CIVIL PROCEDURE CODE (CPC) Appeals from original decrees Section 96. Appeal from original decree. (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from everyKeep Reading

RULES

RULES – PART X, Section 121-131 of CIVIL PROCEDURE CODE (CPC) Section 121. Effect of rules in First Schedule. The rules in First Schedule shall have effect as if enacted in the body of this Code until annulled or altered in accordance with the provisions of this Part. Section 122.Keep Reading

MISCELLANEOUS

MISCELLANEOUS – PART XI, Section 132-158 of CIVIL PROCEDURE CODE (CPC) Section 132. Exemption of certain women from personal appearance. (1) Women who, according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal appearance in Court. (2) NothingKeep Reading

PARTIES OF SUITS

ORDER I of CIVIL PROCEDURE CODE (CPC) – PARTIES OF SUITS 1. Who may be joined as plaintiffs. All persons may be joined in one suit as plaintiffs where- (a) any right to relief in respect of, or arising out of, the same act or transaction or series of actsKeep Reading

FRAME OF SUIT

ORDER II of CIVIL PROCEDURE CODE (CPC) – FRAME OF SUIT 1. Frame of suit. Every suit shall as far as practicable be framed so as to afford ground for final decision upon the subjects in dispute and to prevent further litigation concerning them. 2. Suit to include the wholeKeep Reading

INSTITUTION OF SUITS

ORDER IV of CIVIL PROCEDURE CODE (CPC) – INSTITUTION OF SUITS 1. Suit to be commenced by plaint. (1) Every suit shall be instituted by presenting a plaint to the Court or such officer as it appoints in this behalf.  (2) Every plaint shall comply with the rules contained inKeep Reading

Order 4A Civil Procedure Code CPC

1. Consolidation of suits and proceedings.
When two or more suits or proceedings are pending in the same Court, and the Court is of opinion that it is expedient in the interest of justice, it may by order direct their joint trial, where upon all such suits and proceedings may be decided upon the evidence in all or any of such suits or proceedings.Keep Reading

PLEADINGS GENERALLY

ORDER VI of CIVIL PROCEDURE CODE (CPC) – PLEADINGS GENERALLY 1. Pleading. “Pleading“, shall mean plaint or written statement. 2. Pleading to state material facts and not evidence. (1) Every pleading shall contain, and contain only a statement in a concise form of the material facts on which the partyKeep Reading

PLAINT

ORDER VII of CIVIL PROCEDURE CODE (CPC) – PLAINT 1. Particulars to be contained in plaint. The plaint shall contain the following particulars- (a) the name of the Court in which the suit is brought; (b) the name, description and place of residence of the plaintiff; (c) the name, descriptionKeep Reading

DISCOVERY AND INSPECTION

ORDER XI of CIVIL PROCEDURE CODE (CPC) – DISCOVERY AND INSPECTION 1. Discovery by interrogatories. In any suit the plaintiff or defendant by leave of the Court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties and such interrogatoriesKeep Reading

ADMISSION

ORDER XII of CIVIL PROCEDURE CODE (CPC) – ADMISSION 1. Notice of admission of case. Any party to a suit may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party. 2. NoticeKeep Reading

ADJOURNMENTS

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 theKeep Reading

AFFIDAVITS

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 beKeep Reading

JUDGMENT AND DECREE

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 toKeep Reading

ORDER XXA of CPC - COSTS

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 givenKeep Reading

SECURITY FOR COSTS

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 beKeep Reading

ORDER XXVI of CIVIL PROCEDURE CODE (CPC) – COMMISSIONS Commissions to examine witnesses. 1. Cases in which Court may issue commission to examine witness. Any Court may in any suit issue a commission for the examination on interrogatories or otherwise of any person resident within the local limits of itsKeep Reading

SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW

ORDER XXVIIA of CIVIL PROCEDURE CODE (CPC) – SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THEIR VALIDITY OF ANY STATUTORY INSTRUMENT 1. Notice to the Attorney General or the Advocate-General. In any suit in which it appears to the CourtKeep Reading

INTERPLEADER

ORDER XXXV of CIVIL PROCEDURE CODE (CPC) – INTERPLEADER  1. Plaint in interpleader-suit. In every suit of interpleader the plaint shall, in addition to the other statements necessary for plaints, state- (a) that the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs; (b)Keep Reading

SPECIAL CASE Order 36

ORDER XXXVI of CIVIL PROCEDURE CODE (CPC) – SPECIAL CASE 1. Power to state case for Court’s opinion. (1) Parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a caseKeep Reading

SUMMARY PROCEDURE

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 thatKeep Reading

APPOINTMENT OF RECEIVERS

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 theKeep Reading

APPEALS FROM ORDERS

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 [exceptKeep Reading

APPEALS TO THE SUPREME COURT

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 theKeep Reading

REFERENCE

ORDER XLVI 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 lawKeep Reading

REVIEW

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 noKeep Reading

MISCELLANEOUS

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-Keep Reading

CHARTERED HIGH COURTS

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 andKeep Reading

PROVINCIAL SMALL CAUSE COURTS

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 CourtsKeep Reading