The Code Of Civil Procedure 1908 Pdf
Appeal from final decree where no appeal from preliminary decree. Power to transfer suits which may be instituted in more than one Court. The suit was decreed against K D A. Courts by which decrees may be executed. Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.
Where interpleader suit may be instituted. Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party,-. Property liable to attachment and sale in execution of decree.
The provisions set forth in the Third Schedule shall apply to all cases in which the execution of a decree has been transferred under the last preceding section. When an order is passed without jurisdiction, the same becomes a nullity. In this Act, unless there is anything repugnant in the subject or context,-. In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity-.
Partial exemption of agricultural produce. Result of execution proceedings to be certified. Style of Rulers as parties to suits.
The bare act is not complete. Advised that this view is only with limited facts and not exhaustive. Appearance of parties on transfer of suit, etc. Every suit shall be instituted in the Court of the lowest grade competent to try it. Provided that nothing contained in this section shall be construed as extending the period of limitation to which any proceeding in respect of such judgment decree or order may be subject.
Explanation-For the purposes of this section, claims enforceable under an attachment include claims for the rateable distribution of assets. Presumption as to foreign judgments. All persons disobeying or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed the decree. Earlier Explanation was ins.
With passing of time it is felt that the Code needs some flexibility to breathe the air of speed and effectiveness. The provisions of this Code relating to the execution of decrees shall, so far as they are applicable, logarithms worksheet pdf be deemed to apply to the execution of orders.
Is there any Citation of a case or an Order or Rule available? The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. The State Government may fix scales, graduated according to rank, race and nationality, of monthly allowances payable for the subsistence of judgment-debtors. Held, the decree is not passed against Managing Director in his individual capacity. Oath on affidavit by whom to be administered.
The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow. Provided that any such High Court may, after previous publication, make a rule extending within the local limits of its jurisdiction any rules which have been made by any other High Court. But still it did not fulfil the requirements of time and large amendments were introduced. Proceeds of execution-sale to be rateably distributed among decree-holders. Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed.
The rules in the 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. Courts to try all civil suits unless barred. Bareacts Civil Procedure Laws. 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 either expressly or impliedly barred.
Clause d omitted by the A. In any second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the appeal,-. If such issue is decided against him, he would be estopped from raising the same in the latter proceedings.
Code of Civil Procedure (Act No. V of )
Effect of rules in First Schedule. The words in italics were subs.
Civil law in India Codes of civil procedure. Procedure where person to be arrested or property to be attached is outside district. Provided that the protection afforded by this clause shall not extend to any property specifically charged with the debt sought to be recovered. Definition of Court which passed a decree. Execution barred in certain cases.
Arrest other than in execution of decree. Jurisdiction of Civil Court is impliedly barred in such cases. Court in which suits to be instituted. Neither the issue framed nor evidence led in trial court in respect of mixed question of fact and law.
Exemption of members of legislative bodies from arrest and detention under civil process. Provided that, a mediator under this sub-section, shall not act as a mediator between the parties, if he had ever been engaged by either of the parties as a pleader in any suit in any Court.
Prohibition of arrest or detention of women in execution of decree for money. Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.
Every transferee of a decree shall hold the same subject to the equities if any which the judgment-debtor might have enforced against the original decree-holder. It is final when such adjudication completely disposes of the suit. Execution of decree before ascertainment of costs. Collector deemed to be acting judicially.
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