Service of Summons 9. Delivery of summons by Court. (1) Where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that jurisdiction who is empowered to accept the service of the summons, the summons shall, unless the CourtKEEP READING
Section 58. Detention and release. (1) Every person detained in the civil prison in execution of a decree shall be so detained, (a) where the decree is for the payment of a sum of money exceeding five thousand rupees, for a period not exceeding three months, and, (b) where theKEEP READING
Attachment before judgment 5. Where defendant may be called upon to furnish security for production of property. (1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may beKEEP READING
3. Court may order defendant or plaintiff to appear in person. (1) where the Court sees reason to require the personal appearance of the defendant, the summons shall order him to appear in person in Court on the day therein specified. (2) Where the Court sees reason to require theKEEP READING
33. Discretion of Court in executing decrees for restitution of conjugal rights. (1) Notwithstanding anything in rule 32, the Court, either at the time of passing a decree against a husband for the restitution of conjugal rights or at any time afterwards, may order that the decree shall be executedKEEP READING
32. Decree for specific performance for restitution of conjugal rights, or for an injunction. (1) Where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decreeKEEP READING
11. Rejection of plaint. The plaint shall be rejected in the following cases- (a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed byKEEP READING
3. Procedure in case of death of one of several plaintiffs or of sole plaintiff. (1) Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and theKEEP READING
20. Substituted service. (1) Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order theKEEP READING
27. Production of Additional Evidence in Appellate Court. (1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court, But if- (a) the Court from whose decree the appeal is preferred has refused to admit evidence which ought toKEEP READING
7. Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance. Where the Court has adjourned the hearing of the suit ex-parte and the defendant, at or before such hearing, appears and assigns good cause for his previous non-appearance, he may, upon such termsKEEP READING
6. Judgment on admissions. (1) Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the Court may at any stage of the suit, either on the application of any party or of its own motion and without waiting for the determinationKEEP READING
9. Decree against plaintiff by default bars fresh suit. (1) Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. But he may apply for an order to set the dismissalKEEP READING
Section 115 CPC – Revision. (1) The High Court may call for the record of a case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears- (a) to have exercised a jurisdiction not vested inKEEP READING
Section 114 CPC – Review. Subject as aforesaid, any person considering himself aggrieved- (a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred, (b) by a decree or order from which no appeal is allowed by thisKEEP READING
PART VIII (113-115) – REFERENCE, REVIEW, AND REVISION Section 113 CPC – Reference to High Court. 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 the High Court may make suchKEEP READING
