(Act No. 5 of ). An Act to consolidate and amend the laws relating to the and extent- (1) This Act may be cited as the Code of Civil Procedure, Objections to jurisdiction. Power to transfer suits which may be institued in more than one Court. Code of Civil Procedure, [ V]. Page 1 of THE CODE OF CIVIL PROCEDURE, (Act No. 5 of ). An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil.
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l) This Act may be cited as the Code of Civil Procedure, (2) It shall come into force on the first day of January 1[(3) It extends to the whole of Pakistan. PRELIMINARY. 1. Short title, commencement and extent. 2. Definitions. 3. Subordination of Courts. 4. Savings. 5. Application of the Code of Revenue Courts. 6. Place of suing. Section Suits to be instituted where subject matter situate. Section Suits for compensation for wrongs to person or movables. Section .
Unless the poor and the weaker section of the society are able to take advantages of administration of justice and are able to assert for their rights, democracy cannot be said to be blooming. Legal aid is a noble approach to help the deprived and underprivileged .
Legal Provisions in relation to Legal aid can be classified under three broad categories: i Constitutional  ii Procedural  iii Statutory  This article deals with the legal provisions related to Legal aid under the Civil Procedure Code, Order 33 of CPCprovides for filing of suits by indigent persons.
It enables persons who are too poor to pay court fees and allow them to institute suits without payment of requisite court fees. Introduction Order 33, C. C, deals with the suit filed by Indigent persons. It was done in accordance to the recommendation of the Law commission in its 54th Report.
For institution of suits court-fee has to be paid. But, there are innumerable persons who owing to that poverty are unable to pay the court-fee, and to enable them to file suits exemption from court-fee is provided for under Order 33 of C. Narayani, where it was observed that the real test is whether the petitioner is in a position in the ordinary course to convert his possessions, if any, into liquid cash without undue hardship and delay for the purpose of paying the requisite court-fee.
The claim should be presented to the court by the applicant in person, until he is exempted from appearing in court in which case the application may be presented by an authorized agent, who would answer all substantial queries involving the application. The court will examine the applicant or his agent regarding the merits of the claim and the property of the applicant.
Procedure When the court sees no reason to reject the application on any of the grounds as per Rule 5, it shall fix a day after notice to the defendant and the Government pleader for receiving such evidence as the applicant may offer in proof of his indigence, and for hearing any evidence which may be presented in rebuttal thereof. The court questions the witnesses produced by both the parties and the applicant or his agent makes a full record of their evidence and hears arguments and after such hearing the court may permit or refuse to allow the applicant to sue as an indigent person.
Where the application is approved it is numbered and registered and is considered as the plaint in the suit. The form identifies the type of case and the parties. That the accompanying plaint has been drafted under my instructions. Civil actions a civil action is a lawsuit that involves money injury or damages return of property civil rights or other non criminal matters.
Most of the averments are not correct and false and the suit is not maintainable. Format of Affidavit for Written Statement. It is a shortened version of the Plaint. In legal dictionary, the word written statement means a pleading for defence. Precise statement and facts relating to the grievance for which the action is to be taken. JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Exercise-5 Original Petit ion 12 6. Exercise-1 Plaint 1 2. Below is the sample format of affidavit filed with application under order XXXIX 39 Rule 1 of civil procedure code Format of a Plaint claiming compensation for Defamantion. The following forms are available in portable document format pdf for the public and other users of the aoc website. Defendant's interest and liability to be shown. You also believe you should be compensated for the harm you have suffered.
Table of Contents Previous Next. Author Sridhara babu. Full Page View. Complaint in PDF 2. Why do not you really want become one of them? 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; Code of civil procedure pleading plaint written statement 1.
Grounds of exemption from limitation law. Washington, D. Name of the Practical Work Page No. There are many types of courts, i. The Plaintiff is put to strict proof of the same. K S Sharma said. The petitioner will be put to considerable loss if the said mistake is not corrected. Order VI Rule 1 to 18 of civil procedure code deals with the pleading generally. You can use this draft of suit for possession through partition by making necessary changes.
Hypothetical Situation. A legal notice is an intimation and thus carries the following information: 1. The averments, which are not specifically admitted, are denied. All matters, which fall in civil cases, are the subjects of Code of Civil Procedure. The plaint document commences a civil litigation at the trial level.
Language- English Code of Civil Procedure, Lawyers and people representing themselves must know the Federal Rules of Civil Procedure and the caselaw setting out these and other requirements. It is in contrast of the Code of Criminal Procedure. No decree shall be reversed or substantially varied. Provided that where the Bench hearing the appeal is composed of two Judges belonging to a Court consisting of more than two Judges.
No second appeal shall lie except on the grounds mentioned in section In any second appeal the High Court may. No second appeal shall lie. The provisions of this Part relating to appeal from original decrees shall. Where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made.
An appeal from a judgment decree or final order of a High Court shall lie to the Supreme Court a if the amount or value or the subject-matter or the dispute in the court of first instance was and also in appeal is unless varied by an Act or Parliament fifty thousand rupees or upward and the judgment decree or final order appealed from has varied or set aside the judgment decree or final order of the Court immediately below.
And the Court may make such order thereon as it thinks fit. Reference to High Court. Notwithstanding anything contained in section Save as provided in this Part or in Part X or in rules. The rules in the First Schedule shall have effect as if enacted in. Nothing in this Code shall be deemed to authorize any person on behalf of another to address the Court in the exercise of its original civil jurisdiction.
Every Rule Committee shall make a report to the High Court established at the town at which it is constituted on any proposal to annul alter or add to the rules in the First Schedule or to make new rules. Rules made under the foregoing provisions shall be subject to the previous approval of the Government of the Province in which the Court whose procedure the rules regulate is situate or. Notwithstanding anything in this Code. Prothonarary or master or other official of the Court of any judicial.
The provisions of sections Magistrate or other judicial office shall be liable to arrest under civil process while going to. The [High Court] may. In the case of any affidavit under this Code a any Court or Magistrate. All orders and notices served on or given to any person under the provision or this Code shall be in writing. The procedure provided in this Code in regard to suits shall be followed as far as it can be made applicable.
Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court fees has not been paid the Court may.
Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code the Court may. Where any person has become liable as surety: In all suits to which any person under disability is a party. Provided that such notice: Save as otherwise provided by the Code or by any law for the time being in force where any proceeding may be taken or application made by or against any person.
Save as otherwise provided. Notifications published. In every enactment or notification passed or issued before the commencement of this Code in which reference is made to or to any Chapter or section of Act VIII of or any Code of Civil Procedure or any Act amending the same or any other enactment hereby repealed. All persons may be joined in one suit as Plaintiffs in whom any right to [relief in respect of or transaction or series of acts or transactions is alleged to exit.
The Court may at any time. Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.
Clerical or arithmetical mistakes in judgments. Where it appears to the Court that any joinder of plaintiffs may embarrass or delay the trial of the suit, the Court may put the plaintiffs to their election or order separate trials or make such other order as may be expedient.
All persons may be joined as defendants against whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, Whether jointly, severally or in the alternatively, where, if separate suits were brought against such persons, any common quest on of law or fact would arise.
Judgment may be given without any amendment5. It shall not be necessary that every defendant shall be interested as to all the relief claimed in any suit against him. The plaintiff may, at his option, join as same suit nil or any of the persons severally, severally, liable on any one contract, including exchange, hundis and promissory notes. Where the plaintiff is in doubt as to the person from whom be is entitled to obtain redress, he may join two or more defendants in order that the question as to winch of the defendants is liable, and to what extent, may be determined as between all parties.
But the Court shall in such case give, at the plaintiff's expense, notice of the institution of the suit to all such persons either by personal service or, where from the number of persons or any other cause such service is not reasonably practicable, by public advertisement, as the Court in each case may direct. No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in the matter in controversy so far as regards the rights and interests of the parties actually before it.
The Court may give the conduct of the suit to such person as it deems. Alt objections on the ground of non-joinder or misjoinder of parties shall be taken at the earliest possible opportunity and, in all cases where issues are settled, at or before such settlement, unless the ground of objection has subsequently, arisen, and any such objection not so taken shall be deemed to have been waived.
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. For the purposes of this rule an obligation and a collateral security for its performance and successive claims arising under the same obligation shall be deemed respectively to constitute but one cause of action.
A lets a house to B at a yearly rent of Rs. The rent for the whole of the years , and is due and unpaid. A sues B in only for the rent due for A shall not afterwards sue B for the rent due for or Where it appears to the Court that any causes of action joined in one suit cannot be conveniently tried or disposed of together, the Court may order separate trials or make such other order as may be expedient.
All objections on the ground of misjoinder of causes of action shall be taken at the earliest possible opportunity and, in all cases where issues arc settled, at or before such settlement, unless the ground of objection has subsequently arisen, and any such objection not so taken shall be deemed to have waived. Any appearance, application or act in or to any Court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader [appearing, applying or acting, as the case may be,] on his behalf:.
Provided that any such appearance shall, if the Court so directs, be made by the party in person. The recognized agent of parties by whom such appearances, applications and acts may be made or done are a persons holding powers-of-attorney, authorizing them to make and do ouch appearances, applications and acts on behalf of such parties ; b persons carrying on trade or business for and in the names of parties not resident within the local limits of the jurisdiction of the Court within which limits the appearance, application or act is made or done, in matters connected with such trade or business only where no other agent is expressly authorized to make and do such appearances, applications and acts.
Any process served on the pleader of any party or left at the office or ordinary residence of such pleader. Provided that nothing in this sub-rule shall apply to any pleader engaged to plead on behalf of any party by any other pleader who has been duly appointed to act in Court on behalf of such party.
No party shall be ordered to appear in person unless he resides-. Every summons shall be accompanied by a copy of the plaint or. The Court shall cause the particulars of every suit to be entered in a book to be kept for the purpose and called the register of civil suits. Such entries shall be numbered in every year according to the order in which the plaints are admitted. The Court shall determine. Service of the summons shall be made by delivering or tendering a copy thereof signed by the Judge or such officer.
The day for the appearance of the defendant shall be fixed with reference to the current business of the Court. The summons to appear and answer shall order the defendant to produce all documents in his possession or power upon which he intends to rely in support of his case. Where the summons is for the final disposal of t shall also direct the defendant to produce. Where the serving officer delivers or tenders a copy of the summons to the defendant personally.
Where the defendant or his agent or such other person as aforesaid refuses to sign the acknowledgment. Where in a suit to obtain relief respecting. Save as otherwise prescribed. Where in any suit the defendant cannot be found and has no agent empowered to accept service of the summons on his behalf.
Wherever it is practicable.
A servant is not a member of the family within the meaning of this rule. Where a summons is returned under rule Omitted by the A. A summons may be sent by the Court by which it is issued.
The serving officer shall. Provided that the Court may order the use of all or any of the aforesaid manners and modes of service simultaneously]. Where the defendant is a public officer not belonging to the armed forces of Pakistan or is the servant of a railway company or local authority. Where the defendant resides out of 3[Pakistan] and has no agent in 3[Pakistan] empowered to accept service.
If the is postal communication between such place and the place where the Court is situate. Every pleading shall contain. The forms in Appendix A when applicable. Where the defendant is a soldier.
Any condition precedent the performance or occurrence of which is intended to be contested. In all cases in which the party pleading relies on any misrepresentation. Whenever any contract or any relation between any persons is to be implied from a series of letters or conversations or otherwise from a number of circumstances. Where a contract is alleged in any pleading. And if in such case the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances.
Wherever the contents of any document are material. Wherever it is material to allege. A further and better statement of nature of the claim or defence. No pleading shall. Wherever it is material to allege notice to any person of any fact. If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order.
The plaint shall contain the following particulars: Every pleading shall be signed by the party and his pleader if any: Provided that where a party pleading is. The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading which may be unnecessary or scandalous or which may tend to prejudice.
Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side unless the same has first been specifically denied e. The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just. The plaint shall show that the defendant is or claims to be interested in the subjectmatter.
Where the subject-matter of the suit is immovable property. Every plaint shall state specifically the relief which the plaintiff claims either simply or in the alternative. Where the plaintiff seeks the recovery of money.
Where the plaintiff sues in a representative character the plaint shall show not only that he has an actual existing interest in the subject-matter. But where the plaintiff sues for mesne profits. And the same rule shall apply to any relief claimed by the defendant in his written statement.
Where the suit is instituted after the expiration of the period prescribed by the law of limitation. Where a plaint is rejected the Judge shall record an order to that effect with the reasons for such order. The plaint shall be rejected in the following cases: The rejection of the plaint on any of the grounds hereinbefore mentioned shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action. The chief ministerial officer of the Court shall sign such list and copies or statements if.
Where the plaintiff sues. Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate and distinct grounds they shall be stated as far as may be separately and distinctly.
The plaintiff shall endorse on the plaint. The plaintiff may. Documents relied on in Plaint. Where any such document is not in the possession or power of the plaintiff. Where the suit is founded upon a negotiable instrument.
Notice of such petition shall be given to such other parties to the suit as the Court may deem it necessary to inform. Where a plaintiff or petitioner fails to file an address for service. Nothing in these rules shall prevent the Court from directing the service of a notice. An address for service filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed.
Order XXII. Where a party engages a pleader. A party who desires to change the address for service given by him as aforesaid shall file a verified petition. Every allegation of fact in the plaint. Where a defendant denies an allegation of fact in the plaint. Provided that the Court may in its discretion require any fact so admitted to be proved otherwise than by such admission.
The defendant must raise by his pleading all matters.
It shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff. And if an allegation is made with diverse circumstances. The defendant may. Any ground of defence which has arisen after the institution of the suit or the presentation of a written statement claiming a set-off may be raised by the defendant or plaintiff.
Illustrations a A bequeaths Rs. B holds a judgment against A for Rs. Where the defendant relies upon several distinct grounds of defence or set-off founded upon separate and distinct facts. C pays Rs. B dies and D takes out administrations to B's effects. C cannot set-off the debt of Rs. The amount not being ascertained cannot be set-off. C may set-off the debt of Rs. B alleges that A has wrongfully neglected to insure B's goods and is liable to him in compensation which he claims to set-off.
B may do so for as soon as A recovers both sums as definite pecuniary demands. In a suit for the download money by C against B. No pleading subsequent to the written statement of a defendant other than by way of defence to a set-off shall be presented except by the leave of the Court and upon such terms as the Court thinks fit. A sues C for a debt of Rs. C cannot set-off a debt due to him by A alone.
B cannot set-off a debt due to him alone by A. B holds a promissory note for Rs. The two claims being both definite pecuniary demands may be set-off. B dies leaving C surviving. C takes out administration to A's effects and B downloads parts of the effects from C. IV rule 2. Where any party from whom a written statement is so required fails to present the same within the time fixed by Court.
Where on the day so fixed it is found that the summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court-fee or postal charges if any chargeable for such service.
Provided that no such order shall be made although the summons has not been served upon the defendant. Where neither party appears when the suit is called on for hearing. On the day fixed in the summons for the defendant to appear and answer.
Where a suit is dismissed under rule 2 or rule 3. Where there are more defendants than one and one or more of them appear and the others do not appear the suit shall proceed. Setting aside Decree Es parte. Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing.
But he may apply for an order to set the dismissal aside. Where there are more plaintiffs than one and. Where a plaintiff or defendant who has been ordered to appear in person does not appear in person or show sufficient cause to the satisfaction of the Court for failing so to appear he shall be subject to all the provisions of the foregoing rules applicable to plaintiffs and defendants.
Where the Court has adjourned the hearing of the suit ex parte and the defendant at or before such hearing. At the first hearing of the suit or at any subsequent hearing.
Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only it may be set aside as against all or any of the other defendants also: No decree shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite party. The Court shall record such admissions and denials. The substance of the examination shall be reduced to writing by the Judge. At the first hearing of the suit the Court shall ascertain from each party or his pleader whether he admits or denies such allegations of fact as are made in the plaint or written statement if any of the opposite party.
On an application for leave to deliver interrogatories. Where any party to a suit is a corporation or a body of persons. In deciding upon such application. Provided that no party shall deliver more than one set of interrogatories to the same party without any order for that purpose: Provided also that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant.
In adjusting the costs of the suit inquiry shall at the instance of any party be made into the propriety of exhibiting such interrogatories and if it is the opinion of the taxing officer or of the Court.
Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit. 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.
Interrogatories shall be in Form No. Provided that discovery shall not be ordered when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs. It shall be lawful for the Court at any time during the pendency of any suit. An affidavit in answer to interrogatories shall be in Form No. On the hearing of such application the Court may either refuse or adjourn the same. Every party to a suit shall be entitled at any time to give notice to any other party.
Interrogatories shall be answered by affidavit to be filed within ten days. The affidavit to be made by a party against whom such order as is mentioned in the last preceding rule has been made shall specify which if any of the documents therein mentioned he objects to produce.
Where any person interrogated omits to answer. Any party may. Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously. No exception shall be taken to any affidavit in answer. And an order may be made requiring him to answer or answer further. Such notice shall be in Form No. The party to whom such notice is given shall.
Provided that the order shall not be made when and so far as the Court shall be of the opinion that it is not necessary either for disposing fairly of the suit or for saving costs. The Court shall not make such order for inspection of such documents when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs. Notice to any party to produce any documents referred to in his pleading or affidavits shall be in Form No.
Where any party fails to comply with any order to answer interrogatories. Where the party from whom discovery of any kind or inspection is sought objects to the same. Any party to a suit may give notice. Provided always that in such case the Court may look at the whole of the answers.
This order shall apply to minor plaintiffs and defendants. Such application shall be made on an affidavit stated that in the belief of the deponent the party against whom the application is made has.
Either party may call upon the other party to admit any document. A notice to admit documents shall be in Form No. An affidavit of the pleader. If a notice to admit or produce specifies documents which are not necessary the costs occasioned thereby shall be borne by the party giving such notice.
A notice to admit facts shall be in Form No. An affidavit of the pleader or his clerk. And in case of refusal or neglect to admit the same within six days after service of such notice. Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular suit.
Provided also that the Court may at any time allow any party to amend or withdraw any admission so made on such terms as may be just. Notice to produce documents shall be in Form No. No documentary evidence in the possession or power of any party which should have been but has not been produced in accordance with the requirements of rule 1 shall be received at any subsequent stage of the proceedings unless good cause is shown to the satisfaction of the Court for the non-production thereof.
Provided that they are accompanied by an accurate list thereof prepared in such form as the High Court directs. The Court may at any stage of the suit reject any document which it considers irrelevant or otherwise inadmissible.
Provided that a document may be returned at any time earlier than that prescribed by this rule if the person applying therefor delivers to the proper officer a certified copy to the substituted for the original and undertakes to produce the original if required to do so: Provided also that no document shall be returned which.
Where a document relied on as evidence by either party is considered by the Court to be inadmissible in evidence. Where issues both of law and of fact arise in the same suit.
The provisions herein contained. Where the Court is of opinion that the issues cannot be correctly framed without the examination of some person not before the Court or without the inspection of some document not produced in the suit. Where the parties to a suit are agreed as to the question of fact or of law to be decided between them.
And all such amendments or additional issues as may be necessary for determining the matters in controversy between the parties shall be so made or framed.
The Court may frame the issues from all or any of the following materials a allegations made on oath by the parties. Where the Court is satisfied. Where there are more defendants than one. 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. Where the summons has been issued for the final disposal of the suit and either party fails without sufficient cause to produce the evidence on which he relies.
Provided that no summons shall be issued for service on a person under rule 8 unless an application in that behalf is made not later than fourteen days prior to the date fixed for the hearing of the suit and the necessary expenses for the summoning of such person are deposited]. The sum so paid into Court shall be tendered to the person summoned. Service shall in all cases be made a sufficient time before the time specified in the summons for the attendance of the person summoned.
Any person may be summoned to produce a document. Every summons under this Order. Every summons for the attendance of a person to give evidence or to produce a document shall specify the time and place at which he is required to attend. Any person present in Court may be required by the Court to give evidence or to produce any document then and there in his possession or power.
The provisions with regard to the attachment and sale of property in the execution of a decree shall. Provided that no Court of Small Causes shall make an order for the attachment of immovable property.
The Court may. Subject as last aforesaid whoever is summoned to appear and give evidence in a suit shall attend at the time and place named in the summons for that purpose. Subject to the provisions of this Court as to attendance and appearance and to any law for the time being in force. Where any person arrested under a warrant is brought before the Court in custody and cannot. Where any party to a suit present in Court refuses. Where any party to a suit is required to give evidence or to produce a document.
The provisions of rules 10 to 13 shall. A person shall not be asked by a Court to attend in person to give evidence unless he resides at any place in Pakistan].
Where a suit or proceeding is set down for a day which is a holiday. Where there are several issues. When on day the presiding officer of the Court is absent by reason of illness or any other cause.
Where any party to a suit to whom time has been granted fails to produce his evidence. 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 facts alleged by the defendant the plaintiff is not entitled to any part of the relief which he seeks.
In cases in which an appeal is not allowed. In cases in which an appeal is allowed the evidence of each witness shall be taken down in writing. Where the evidence is not taken down in writing by the Judge. Evidence taken down under section shall be in the form prescribed by rule 5 and shall be read over and signed and.
Where English is not the language of the Court. Where any question put to a witness is objected to by a party or his pleader. The evidence of the witnesses in attendance shall be taken orally in open Court in the presence and under the personal direction and superintendence of the Judge.
The Court may record such remarks as it thinks material respecting the demeanor of any witness while under examination. Where the evidence is taken down in a language different from that in which it is given.
The Court may at any stage of a suit inspect any property or thing concerning which any question may arise. The Court may at any stage of a suit recall any witness who has been examined and may subject to the law of evidence for the time being in force put such questions to him as the Court thinks fit.
Any Court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit. Provided that where it appears to the Court that either party bona fide desires the production of a witness for cross-examination.
The judgment shall be dated and signed by the Judge in open Court at the time of pronouncing it and. Not exceeding fifteen days. In suits in which issues have been framed. A Judge may pronounce a judgment written but not pronounced by his predecessor. The decree shall bear date the day on which the judgement was pronounced.
Where a Judge has vacated office after pronouncing judgement but without signing the decree a decree drawn up in accordance with such judgement may be signed by his successor or. Where the suit is for movable property. Where the subject-mater of the suit is immovable property. Where a suit is for the dissolution of a partnership or the taking of partnership accounts the Court. The Court may either by the decree directing an account to be taken or by any subsequent order give special directions with regard to the mode in which the account is to be taken or vouched and in particular may direct that in taking the account the books of account in which the accounts in question have been kept shall be taken as prima facie evidence of the truth of the matters therein contained with liberty to the parties interested to take such objection thereto as they may be advised.
Certified copies of the judgment and decree shall be furnished to the parties on application to the Court and at their expense. Where the Court passes a decree for the partition of property or for the separate possession of a share therein. In a suit for an account of pecuniary transactions between a principal and an agent.
Where the Court to which a decree is to be sent for execution is situate within the same district as the Court which passed such decree. The Court sending a decree for execution shall send -. Where immovable property forms one estate or tenure situate within the local limits of the jurisdiction of two or more Courts. Where the Court to which the decree is sent for execution is a High Court.
The Court to which a decree is so sent shall cause such copies and certificates to be filed. Where such copies are so filed. Where the holder of a decree desires to execute it. Application for Execution Where an application is made for the attachment of any immovable property belonging to a judgment-debtor.
Where an application is made for the attachment of any land which is registered in the office of the Collector. Where an application is made for the attachment of any movable property belonging to a judgment-debtor but not in his possession. Where a decree or. Provided also that. Illustrations a A holds a decree against B for Rs1.
Where application is made to a Court for the execution of a decree under which two parties are entitled to recover sums of money from each other. B cannot treat C's decree as a cross-decree under this rule. B cannot treat his decree as a cross-decree under this rule. A obtains a decree for Rs.
The provisions contained in rules 18 and 19 shall apply to decrees for sale in enforcement of a mortgage or charge. F may treat his joint-decree as a crossdecree under this rule. C cannot treat his decree as a cross-decree under this rule. D and E are jointly and severely liable for Rs.
B holds a decree against A for the payment of Rs. C who is a trustee for B. Provided that no such notice shall be necessary in consequence of more than one year having elapsed between the date of the decree and the application for execution if the application is made within one year from the date of the last order against the party against whom execution is applied for.
An objection by the judgment-debtor to the execution of a decree shall not be considered by the Court unless a in case of a decree for the payment of money. No order of restitution or discharge under rule 26 shall prevent the property or person of a judgment-debtor from being retaken in execution of the decree sent for execution.
Any order of the Court by which the decree was passed. Stay of Execution Every decree for the payment of money. Mode of Execution Where a suit is pending in any Court against the holder of a decree of such Court.
At the cost of the judgmentdebtor. A in spite of his detention in prison and the attachment of his property. B may apply to the Court to remove the building and may recover the cost of such removal from A in the execution-proceedings. Illustrations A. The Court is of opinion that no sum realizable by the sale of A's property would adequately compensate B for the depreciation in the value of his mansion. Judge of the Court of or as the case may be.
Where a decree is for the delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the same and not bound by the decree to relinquish such occupancy. Arrest and Detention in […. Provided that in order to give the judgment-debtor an opportunity of satisfying the decree.
Every warrant for the arrest of a judgment-debtor shall direct the officer entrused with its execution to bring him before the Court with all convenient speed. Where a decree is for the payment of money the decree-holder may apply to the Court for an order that a the judgment-debtor.
Where the property to be attached is agricultural produce. Where the property to be attached is movable property.
Where a decree directs an inquiry as to rent or mesne profits or any other matter. Court to make such arrangements every application for the attachment of a growing crop shall specify the time at which it is likely to be fit to be cut or gathered.
In this rule "appropriate Government" means -. Where the property to be attached consists of the share or interest of the judgmentdebtor in movable property belonging to him and another as co-owners.