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49 Civil Procedure Code, 1966 1966 3 Attachment 48. Property liable to attachment and sale in execution of decree. Seizure of property in dwelling-house. Property attached in execution of decrees of several courts. The Code Of Civil Procedure, 1908 (Act No. 5 of 1908) 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:-PART.

  • Code of Civil Procedure, 1908 1ACT NO V. OF 1908 21st March 1908 An Act to consolidate and amend the laws relating to the Procedure of the Courts of Civil Judicature. Pakistan by the Central Laws (Statute Reforms) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch.
  • Apr 05, 2016  MCQs Code of Civil Procedure 1908 Pakistan Part-I (CPC). As per section 142, C.P.C. All orders and notices served on or given to any person under the provisions of the Code of Civil Procedure. Shall be in writing. Shall be oral. Both (a) and (b) Answer: Option A.
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  • That on 13th September, 2012 Mr. Justice (R) Moazzam Hayat (Member Federal Service Tribunal Islamabad), gave lecture to about 150 lawyers in the Auditorium of PJA on the topic of “CODE OF CIVIL PROCEDURE 1908”.
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Section 5 - Application of the Code to Revenue Courts
Section 6 - Pecuniary jurisdiction
Section 7 - Provincial Small Cause Courts
Section 8 - Presidency Small Cause Courts
Part I
Section 9 - Courts to try all civil suits unless barred
Section 10 - Stay of suit
Section 11 - Res judicata
Section 12 - Bar to further suit
Section 13 - When foreign judgment not conclusive
Section 14 - Presumption as to foreign judgments
Section 15 - Court in which suits to be instituted
Section 16 - Suits to be instituted where subject-matter situate
Section 17 - Suits for immovable property situate within jurisdiction of different Courts
Section 18 - Place of institution of suit where local limits of jurisdiction of Courts are uncertain
Section 19 - Suits for compensation for wrongs to person or movables
Section 20 - Other suits to be instituted where defendants reside or cause of action arises
Section 21 - Objections to jurisdiction
Section 21A - Bar on suit to set aside decree on objection as to place of suing
Section 22 - Power to transfer suits which may be instituted in more than one Court
Section 23 - To what Court application lies
Section 24 - General power of transfer and withdrawal
Section 25 - Power of Supreme Court to transfer suits, etc.
Section 26 - Institution of suits
Section 27 - Summons to defendants
Section 28 - Service of summons where defendant resides in another State
Section 29 - Service of foreign summonses
Section 30 - Power to order discovery and the like
Section 31 - Summons to witness
Section 32 - Penalty for default
Section 33 - Judgment and decree
Section 34 - Interest
Section 35 - Costs
Section 35A - Compensatory costs in respect of false or vexatious claims or defences
Section 35B - Costs for causing delay
Part II
Section 36 - Application to orders
Section 37 - Definition of Court which passed a decree
Section 38 - Court by which decree may be executed
Section 39 - Transfer of decree
Section 40 - Transfer of decree to Court in another State
Section 41 - Result of execution proceedings to be certified
Section 42 - Powers of Court in executing transferred decree
Section 43 - Execution of decrees passed by Civil Courts in places to which this Code does not extend
Section 44 - Execution of decrees passed by revenue courts in places to which this Code does not extend
Section 44A - Execution of decrees passed by Courts in reciprocating territory
Section 45 - Execution of decrees outside India
Section 46 - Precepts
Section 47 - Questions to be determined by Court executing decree
Section 48 - Execution barred in certain cases [Repealed]
Section 49 - Transferee
Section 50 - Legal representative
Section 51 - Powers of Court to enforce execution
Section 52 - Enforcement of decree against legal representative
Section 53 - Liability of ancestral property
Section 54 - Partition of estate or separation of share
Section 55 - Arrest and detention
Section 56 - Prohibition of arrest or detention of women in execution of decree for money
Section 57 - Subsistence allowance
Section 58 - Detention and release
Section 59 - Release on ground of illness
Section 60 - Property liable to attachment and sale in execution of decree
Section 61 - Partial exemption of agricultural produce
Section 62 - Seizure of property in dwelling-house
Section 63 - Property attached in execution of decrees of several Courts
Section 64 - Private alienation of property after attachment to be void
Section 65 - Purchaser's title
Section 66 - Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff [Repealed]
Section 67 - Power for State Government to make rules as to sales of land in execution of decrees for payment of money
Section 68 to 72 - Delegation to Collector of Power to execute decrees against immovable property [Repealed]
Section 73 - Proceeds of execution-sale to be rateably distributed among decree-holders
Section 74 - Resistance to execution
Part III
Section 75 - Power of Court to issue commissions
Section 76 - Commission to another Court
Section 77 - Letter of request
Section 78 - Commissions issued by foreign Courts
Part IV
Section 79 - Suits by or against Government
Section 80 - Notice
Section 81 - Exemption from arrest and personal appearance
Section 82 - Execution of decree
Section 83 to 87A - Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys
Section 83 - When aliens may sue
Section 84 - When foreign States may sue
Section 85 - Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
Section 86 - Suits against foreign Rulers, Ambassadors and Envoys
Section 87 - Style of foreign Rulers as parties to suits
Section 87A - Definitions of 'foreign State' and 'Ruler'
Section 87B - Applications of Sections 85 and 86 to Rulers of former Indian States
Section 88 - Where interpleader-suit may be instituted
Part V
Section 89 - Arbitration
Section 90 - Power to state case for opinion of Court
Section 91 to 93 - Public nuisances and other wrongful acts affecting the public
Section 91 - Public nuisances and other wrongful acts affecting the public
Section 92 - Public charities
Section 93 - Exercise of powers of Advocate-General outside Presidency-towns
Part VI
Section 94 - Supplemental proceedings
Section 95 - Compensation for obtaining arrest, attachment or injunction on insufficient grounds
Part VII
Section 96 - Appeal from original decree
Section 97 - Appeal from final decree where no appeal from preliminary decree
Section 98 - Decision where appeal heard by two or more Judges
Section 99 - No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
Section 99A - No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
Section 100 - Second appeal
Section 100A - No further appeal in certain cases
Section 101 - Second appeal on no other grounds
Section 102 - No second appeal in certain cases
Section 103 - Power of High Court to determine issues of fact
Section 104 - Orders from which appeal lies
Section 105 - Other orders
Section 106 - What Courts to hear appeals
Section 107 - Powers of appellate Court
Section 108 - Procedure in appeals from appellate decrees and orders
Section 109 - When appeals lie to the Supreme Court
Section 110 - Value of subject matters
Section 111 - Bar of certain appeals
Section 111A - Appeals to Federal Court
Section 112 - Savings
Part VIII
Section 113 - Reference to High Court
Section 114 - Review
Section 115 - Revision
Part IX - SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER
Section 116 - Part to apply only to certain High Courts
Section 117 - Application of Code to High Courts
Section 118 - Execution of decree before ascertainment of costs
Section 119 - Unauthorized persons not to address Court
Section 120 - Provisions not applicable to High Court in original civil jurisdiction
Part X
Section 121 - Effect of rules in First Schedule
Section 122 - Power of certain High Courts to make rules
Section 123 - Constitution of Rule Committees in certain States
Section 124 - Committee to report to High Court
Section 125 - Power of other High Courts to make rules
Section 126 - Rules to be subject to approval
Section 127 - Publication of rules
Section 128 - Matters for which rules may provide
Section 129 - Power of High Courts to make rules as to their original civil procedure
Section 130 - Power of other High Courts to make rules as to matters other than procedure
Section 131 - Publication of rules
Part XI
Section 132 - Exemption of certain women from personal appearance
Section 133 - Exemption of other persons
Section 134 - Arrest other than in execution of decree
Section 135 - Exemption from arrest under civil process
Section 135A - Exemption of members of legislative bodies from arrest and detention under civil process
Section 136 - Procedure where person to be arrested or property to be attached is outside district
Section 137 - Language of subordinate Courts
Section 138 - Power of High Court to require evidence to be recorded in English
Section 139 - Oath on affidavit by whom to be administered
Section 140 - Assessors in causes of salvage, etc.
Section 141 - Miscellaneous proceedings
Section 142 - Orders and notices to be in writing
Section 143 - Postage
Section 144 - Application for restitution
Section 145 - Enforcement of liability of surety
Section 146 - Proceedings by or against representatives
Section 147 - Consent or agreement by persons under disability
Section 148 - Enlargement of time
Section 148A - Right to lodge a caveat
Section 149 - Power to make up deficiency of court-fees
Section 150 - Transfer of business
Section 151 - Saving of inherent powers of Court
Section 152 - Amendment of judgments, decrees or orders
Section 153 - General power to amend
Section 153A - Power to amend decree or order where appeal is summarily dismissed
Section 153B - Place of trial to be deemed to be open Court
Section 154 - Saving of present right of appeal
Section 155 - Amendment of certain Acts
Section 156 - Repeals
Section 157 - Continuance of orders under repealed enactment's
Section 158 - Reference to Code of Civil Procedure and other repealed enactments
Order 1 - Parties to suits
Order 1 Rule 1 to 13
Order 2 - Frame of suit
Order 2 Rule 1 to 7
Order 3 - Recognized Agents and Pleaders
Order 3 Rule 1 to 6
Order 4 - Institution of suits
Order 4 Rule 1 to 2
Order 5 - Issue of Summons
Order 5 Rule 1 to 8
Order 5 - Service of Summons
Order 5 Rule 9 to 30
Order 6 - Pleading Generally
Order 6 Rule 1 to 18
Order 7 - Plaint
Order 7 Rule 1 to 13
Order 7 - Documents relied on in plaint
Order 7 Rule 14 to 18
Order 8 - Written Statement, set-off and Counter-claim
Order 8 Rule 1 to 10
Order 9 - Appearance of parties and Consequence of non-appearance
Rule 1 to 12
Order 9 - Settings aside decrees ex parte
Order 9 Rule 13 to 14
Order 10 - Examination of parties by the Court
Order 10 Rule 1 to 4
Order 11 - Discovery and inspection
Order 11 Rule 1 to 23
Order 12 - Admissions
Order 12 Rule 1 to 9
Order 13 - Production, Impounding and return of documents
Order 13 Rule 1 to 11
Order 14 - Settlement of issues and determination of suit on issues of law or on issues agreed upon
Order 14 Rule 1 to 7
Order 15 - Disposal of the suit at the first hearing
Order 15 Rule 1 to 4
Order 16 - Summoning and attendance of witnesses
Order 16 Rule 1 to 21
Order 16A - Attendance of witnesses confined or detained in prisons
Order 16A Rule 1 to 7
Order 17 - Adjournments
Order 17 Rule 1 to 3
Order 18 - Hearing of the suit and examination of witnesses
Order 18 Rule 1 to 19
Order 19 - Affidavits
Order 19 Rule 1 to 3
Order 20 - Judgment and decree
Order 20 Rule 1 to 20
Order 20A - Costs
Order 20A Rule 1 to 2
Order 21 - Payment under decree
Order 21 Rule 1 to 2
Order 21 - Courts executing decrees
Order 21 Rule 3 to 9
Order 21 - Application for execution
Order 21 Rule 10 to 23
Order 21 - Process for execution
Order 21 Rule 24 to 25
Order 21 - Stay of execution
Order 21 Rule 26 to 29
Order 21 - Mode of execution
Order 21 Rule 30 to 36
Order 21 - Arrest and detention in the civil prison
Order 21 Rule 37 to 40
Order 21 - Attachment of property
Order 21 Rule 41 to 57
Order 21 - Adjudication of claims and objections
Order 21 Rule 58 to 63
Order 21 - Sale generally
Order 21 Rule 64 to 73
Order 21 - Sale of movable property
Order 21 Rule 74 to 81
Order 21 - Sale of immovable property
Order 21 Rule 82 to 96
Order 21 - Resistance of delivery of Possession to decree-holder or purchaser
Order 21 Rule 97 to 106
Order 22 - Death, marriage and insolvency of parties
Order 22 Rule 1 to 12
Order 23 - Withdrawal and adjustment of suits
Order 23 Rule 1 to 4
Order 24 - Payment into Court
Order 24 Rule 1 to 4
Order 25 - Security for costs
Order 25 Rule 1 to 2
Order 26 - Commissions to examine witnesses
Order 26 Rule 1 to 8
Order 26 - Commissions for local investigations
Order 26 Rule 9 to 10
Order 26 - Commissions for scientific investigation, performance of ministerial act and sale of movable property
Order 26 Rule 10A to 10C
Order 26 - Commissions to examine accounts
Order 26 Rule 11 to 12
Order 26 - Commissions to make partitions
Order 26 Rule 13 to 14
Order 26 - General Provisions
Order 26 Rule 15 to 18B
Order 26 - Commissions issued at the instance of foreign Tribunals
Order 26 Rule 19 to 22
Order 27 - Suit by or against the Government or public officers in their official capacity
Order 27 Rule 1 to 8B
Order 27A - Suits involving a substantial question of law as to the interpretation of the constitution or as to the validity of any statutory instrument
Order 27A Rule 1 to 4
Order 28 - Suits by or against military or naval men or airmen
Order 28 Rule 1 to 3
Order 29 - Suits by or against corporations
Order 29 Rule 1 to 3
Order 30 - Suits by or against firms and persons carrying on business in names other than their own
Order 30 Rule 1 to 10
Order 31 - Suits by or against trustees, executors and administrators
Order 31 Rule 1 to 3
Order 32 - Suits by or against minors and persons of unsound mind
Order 32 Rule 1 to 16
Order 32A - Suits relating to matters concerning the family
Order 32A Rule 1 to 6
Order 33A - Suits by indigent persons
Order 33A Rule 1 to 18
Order 34 - Suits relating to mortgages of immovable property
Order 34 Rule 1 to 15
Order 35 - Interpleader
Order 35 Rule 1 to 6

Pakistan Criminal Procedure Code Pdf

Order 36 - Special case
Order 36 Rule 1 to 6
Order 37 - Summary procedure
Order 37 Rule 1 to 7
Order 38 - Arrest before judgment
Order 38 Rule 1 to 4
Order 38 - Attachment before judgment
Order 38 Rule 5 to 13
Order 39 - Temporary Injuctions
Order 39 Rule 1 to 5
Order 39 - Interlocutory orders
Order 39 Rule 6 to 10
Order 40 - Appointment of receivers
Order 40 Rule 1 to 5
Order 41 - Appeals from original decrees
Order 41 Rule 1 to 4
Order 41 - Stay of proceedings and of execution
Order 41 Rule 5 to 8
Order 41 - Procedure on admission of appeal
Order 41 Rule 9 to 15
Order 41 - Procedure of hearing
Order 41 Rule 16 to 29
Order 41 - Judgment in appeal
Order 41 Rule 30 to 34
Order 41 - Decree in appeal
Order 41 Rule 35 to 37
Order 42 - Appeals from appellate decrees
Order 42 Rule 1 to 3
Order 43 - Appeals from orders
Order 43 Rule 1 to 2
Order 44 - Appeals by indigent persons
Order 44 Rule 1 to 3
Order 45 - Appeals to the supreme court
Order 45 Rule 1 to 17
Order 46 - Reference
Order 46 Rule 1 to 7
Order 47 - Review
Order 47 Rule 1 to 9
Order 48 - Miscellaneous
Order 48 Rule 1 to 3
Order 49 - Chartered high courts
Order 49 Rule 1 to 3
Order 50 - Provincial small cause courts
Order 50 Rule 1
Order 51 - Presidency small cause courts
Order 51 Rule 1
Appendix A - PLEADINGS
Appendix B - PROCESS
Appendix C - DISCOVERY, INSPECTION AND ADMISSION
Appendix D - DECREES
Appendix E - EXECUTION
Appendix F - SUPPLEMENTAL PROCEEDINGS
Appendix H - MISCELLANEOUS
Appendix G - APPEAL, REFERENCE AND REVIEW
Schedule 2 - THE SECOND SCHEDULE (Repealed)
Schedule 3 - THE THIRD SCHEDULE (Repealed)
Schedule 4 - THE FOURTH SCHEDULE (Repealed)
Schedule 5 - THE FIFTH SCHEDULE (Repealed)
Amending Act 1 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1999
Amending Act 2 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002
(Redirected from Civil Procedure Code, 1908)

Civil Procedure Code Pakistan Pdf Free Download Hd

Civil Procedure Code, 1908
Imperial Legislative Council (India)
  • 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
CitationAct No. 05 of 1908
Enacted byImperial Legislative Council (India)
Enacted21 March 1908
Commenced1 January 1909
Repeals
Civil Procedure Code, 1882

The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India.

The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India.

History[edit]

To give uniformity to Civil Procedure, Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the assent of Governor-General on 23 March 1859. The Code however, was not applicable to the Supreme Court in the Presidency Towns and to the Presidency Small Cause Courts. It did not meet the challenges and was replaced by Code of Civil Procedure Code, 1877. But still it did not fulfill the requirements of time and large amendments were introduced. In 1882, the Code of Civil Procedure, 1882 was introduced. With passing of time it is felt that it needed flexibility for timeliness and effectiveness. To meet these problems Code of Civil Procedure, 1908 was enacted. Though it has been amended number of times it has withstood the test of time.[1]

Code Of Civil Procedure Pdf

Amendment[edit]

The Code of Civil Procedure was substantially amended in the year 2002. The main purpose of the Amendment to the code was ensure speedy disposal of civil cases governed under the Act.[2]

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Civil Procedure Code (Amendment) Act 2015[edit]

Keeping in view the establishment of Commercial Court and the provisions thereof, Civil Procedure Code (Amendment) Act, 2016 was enacted. These provisions are applicable to commercial disputes of specified value. The act clarified that the provisions of the Civil Procedure Code as amended by the Act would have an overriding effect over any rules of the High Court or of the amendments made by the state government concerned.[3]

The Code of Civil Procedure, 1908 was further amended in the year 2018

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See also[edit]

Civil Procedure Code Pakistan Pdf Free Download Free

References[edit]

  1. ^'Law Commission 27th Report'(PDF). Archived(PDF) from the original on 17 August 2013. Retrieved 1 April 2014.
  2. ^'The Code of Civil Procedure (Amendment) Act, 2002'(PDF). Archived from the original(PDF) on 28 January 2018.
  3. ^'Commercial Courts Act, 2015 contd.: Important changes in provisions of CPC Indialaw Blog'. Indialaw Blog. 22 January 2016. Archived from the original on 2 September 2018. Retrieved 3 September 2018.

External links[edit]

Civil Procedure Code 1908 Pdf

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