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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 (1-8) Section 1. Short title,Keep Reading

SUITS IN GENERAL

PART I (9-35B) – SUITS IN GENERAL Jurisdiction of the Courts and Res-judicata Section 9. Courts to try all civil suits unless barred. The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is eitherKeep Reading

EXECUTION

PART II (36-74) – EXECUTION 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 apply to the execution of orders (including payment an order).Keep Reading

APPEALS

PART VII (96-112) – APPEALS 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 every decree passed by any Court exercisingKeep Reading

RULES

PART X (121-131) – RULES Section 121. Effect of rules in First Schedule. The rules in a 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. Power of certain High CourtsKeep Reading

MISCELLANEOUS

PART XI (132-158) -MISCELLANEOUS 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) Nothing herein contained shall be deemed to exemptKeep Reading

PARTIES OF SUITS

ORDER I – 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 acts or transactions is alleged toKeep Reading

FRAME OF SUIT

ORDER II – 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 whole claim. (1) Every suit shallKeep Reading

INSTITUTION OF SUITS

ORDER IV – 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 in Orders VI and VII, soKeep 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 – 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 party pleading relies for his claimKeep Reading

PLAINT

ORDER VII – 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, description and place of residence ofKeep Reading

DISCOVERY AND INSPECTION

ORDER XI – 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 interrogatories when delivered shall have aKeep Reading

ADMISSION

ORDER XII – 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. Notice to admit documents. Either partyKeep Reading

ADJOURNMENTS

ORDER XVII – 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 the hearing of the suit. (2)Keep Reading

AFFIDAVITS

ORDER XIX – 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 be read at the hearing, onKeep Reading

JUDGMENT AND DECREE

ORDER XX – 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 to be pronounced on some futureKeep Reading

PAYMENT INTO COURT

ORDER XXIV – 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 a satisfaction in full of theKeep Reading

SECURITY FOR COSTS

ORDER XXV – 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 be recorded to give with inKeep Reading

ORDER XXVI – 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 its jurisdiction who is exempted underKeep Reading

SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW

ORDER XXVIIA – 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 Court that any such question asKeep Reading

SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND

ORDER XXXII – SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND 1. Minor to sue by next friend. Every suit by a minor shall be Instituted in his name by a person who in such suit shall be called the next friend of the minor. Explanation- In thisKeep Reading

SUITS BY INDIGENT PERSONS

ORDER XXXIII – SUITS BY INDIGENT PERSONS 1. Suits may be instituted by indigent person. Subject to the following provisions, any suit may be instituted by an indigent person. Explanation I- A person is an indigent person,- (a) if he is not possessed of sufficient means (other than property exemptKeep Reading

INTERPLEADER

ORDER XXXV – 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) the claims made by theKeep Reading

SPECIAL CASE Order 36

ORDER XXXVI – 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 case for the opinion of theKeep Reading

SUMMARY PROCEDURE

ORDER XXXVII – 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 that in respect of the CourtsKeep Reading

APPOINTMENT OF RECEIVERS

ORDER XL – 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 the possession or custody of theKeep Reading

APPEALS FROM ORDERS

ORDER XLIII – 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 [except where the procedure specified inKeep Reading

APPEALS TO THE SUPREME COURT

ORDER XLV – 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 the Supreme Court shall apply byKeep Reading

REFERENCE

ORDER XLVI – 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 law or usage having the forceKeep Reading

REVIEW

ORDER XLVII – 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 no appeal is allowed, or (c)Keep Reading

MISCELLANEOUS

ORDER XLVIII – 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- The court-fee chargeable for suchKeep Reading

CHARTERED HIGH COURTS

ORDER XLIX – 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 and intestate jurisdictions, except summonses toKeep Reading

PROVINCIAL SMALL CAUSE COURTS

ORDER L – 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 Courts exercising the jurisdiction of aKeep Reading