The Code of Civil Procedure |
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Contents
Sections | 1 |
Subordination of Courts | 8 |
Res judicata | 16 |
Summons and discovery | 23 |
Costs | 26 |
Execution of decrees passed by Civil Courts in places | 32 |
Arrest and detention | 38 |
Partial exemption of agricultural produce | 47 |
40 | 299 |
Proceedings on appearance of judgmentdebtor in obedience to notice or after arrest | 300 |
Attachment of property 41 Examination of judgmentdebtor as to his property | 302 |
Attachment in case of decree for rent or mesne profits or other matter amount of which to be subsequently determined | 303 |
43A Custody of movable property | 306 |
Attachment of agricultural produce | 309 |
Provisions as to agricultural produce under attachment | 310 |
Attachment of debt share and other property not in possession of judgmentdebtor | 311 |
111A Repealed | 69 |
PART IX | 76 |
5500 | 83 |
9 | 91 |
Repealed | 92 |
Rules Page | 93 |
No part of this publication can be reproduced or transmitted in any form or by | 97 |
12 | 110 |
16 | 123 |
18 | 131 |
Rules Page 3 Court may order defendant or plaintiff to appear in person | 136 |
Summons to be either to settle issues or for final disposal | 137 |
Fixing day for appearance of defendant | 138 |
9A Summons given to the plaintiff for service | 139 |
Service on several defendants | 140 |
Where service may be on an adult member of defendants family | 141 |
Endorsement of time and manner of service | 142 |
Examination of serving officer | 143 |
2222 | 144 |
Service within presidencytowns of summons issued by Courts outside | 145 |
Service in foreign territory through Political Agent or Court | 147 |
26A Summonses to be sent to officers of foreign countries | 148 |
Service on soldiers sailors or airmen | 149 |
Substitution of letter for summons | 150 |
22325 | 151 |
ORDER VI | 152 |
Pleading to state material facts and not evidence | 153 |
Forms of pleading | 157 |
Repealed | 159 |
Presumptions of law | 160 |
595959 | 161 |
14A Address for service of notice | 162 |
Rules Page ORDER XI | 163 |
Verification of pleadings | 165 |
Amendment of pleadings | 167 |
36 | 170 |
Failure to amend after order | 177 |
In money suits | 179 |
Defendants interest and liability to be shown | 180 |
Relief founded on separate grounds | 181 |
10B Power of appellate Court to transfer suit to the proper Court | 182 |
Procedure on rejecting plaint | 184 |
Repealed | 185 |
Original entry to be marked and returned | 186 |
ORDER VIII | 191 |
1A Duty of defendant to produce documents upon which relief is claimed or relied upon by him | 194 |
Particulars of setoff to be given in written statement | 195 |
Rules Page | 196 |
37 | 216 |
DISCOVERY AND INSPECTION 1 Discovery by interrogatories | 218 |
61 | 219 |
Inspection of documents referred to in pleadings or affidavits | 220 |
Verified copies | 221 |
Order to apply to minors | 222 |
2A Document to be deemed to be admitted if not denied after service of notice to admit documents | 223 |
Affidavit of signature | 224 |
Endorsements on documents admitted in evidence | 225 |
Endorsements on documents rejected as inadmissible in evidence | 226 |
Court may order any document to be impounded | 227 |
Court may send for papers from its own records or from other Courts | 228 |
ORDER XIV | 229 |
Court to pronounce judgment on all issues | 230 |
Materials from which issues may be framed | 231 |
Questions of fact or law may by agreement be stated in form of issues | 232 |
Failure to produce evidence | 233 |
ORDER XVI | 235 |
1A Production of witnesses without summons | 236 |
Tender of expenses to witness | 237 |
Procedure where insufficient sum paid in | 239 |
Time place and purpose of attendance to be specified in summons | 242 |
Summons how served | 243 |
Time for serving summons | 244 |
Procedure if witness fails to appear | 245 |
Application of rules 10 to 13 | 246 |
Consequence of refusal of party to give evidence when called on by Court | 247 |
67 | 248 |
Officer in charge of prison to abstain from carrying out order in certain cases | 249 |
Costs of adjournment | 250 |
Procedure if parties fail to appear on day fixed | 251 |
Court may proceed notwithstanding either party fails to produce evidence etc | 252 |
Evidence where several issues | 254 |
Recording of evidence | 255 |
38 | 258 |
When deposition to be interpreted | 259 |
When evidence may be taken in English | 260 |
Repealed | 261 |
Court may recall and examine witness | 262 |
70 | 265 |
39 | 278 |
Rules Page 5 Mode of transfer | 279 |
Execution by High Court of decree transferred by other Court | 280 |
11A Application for arrest to state grounds | 282 |
Power to require certified extract from Collectors register in certain cases | 283 |
Procedure on receiving application for execution of decree | 284 |
Execution in case of crossdecrees | 285 |
Execution in case of crossclaims under same decree | 286 |
Crossdecrees and crossclaims in mortgage suits | 287 |
22A Sale not to be set aside on the death of the judgmentdebtor before the sale but after the service of the proclamation of sale | 289 |
Procedure after issue of notice | 290 |
Stay of execution 26 When Court may stay execution | 292 |
Mode of Execution 30 Decree for payment of money | 293 |
Decree for specific performance for restitution of conjugal rights or for an injunction | 294 |
Discretion of Court in executing decree for restitution of conjugal rights | 296 |
Decree for execution of document or endorsement of negotiable instrument | 297 |
Decree for delivery of immovable property when in occupancy of tenant | 298 |
46B Order against garnishee | 312 |
46I Application to negotiable instruments | 313 |
47 | 315 |
43A Attachment of salary or allowances of private employees | 316 |
49 | 317 |
Attachment of negotiable instruments | 318 |
Attachment of decrees | 319 |
Attachment of immovable property | 321 |
55 | 323 |
Order for payment of coin or currency notes to party entitled under decree | 324 |
Adjudication of claims and objections 58 Adjudication of claims to or objections to attachment of property | 325 |
Stay of sale | 326 |
Sale generally 64 Power to order property attached to be sold and procces to be paid to person entitled | 327 |
Sales by whom conducted and how made | 328 |
Mode of making proclamation | 331 |
Rules Page 70 Repealed | 332 |
72A Mortgagee not to bid at sale without the leave of the Court | 333 |
Restriction on bidding or purchase by officers | 334 |
76 | 336 |
81 | 337 |
Procedure in default of payment | 338 |
Bid of cosharer to have preference | 339 |
Application to set aside sale on ground of irregularity or fraud | 340 |
Application by purchaser to set aside sale on ground of judgmentdebtor having no saleable interest | 341 |
Return of puchasermoney in certain cases | 343 |
Delivery of property in occupancy of judgmentdebtor | 344 |
Resistance or obstruction to possession of immovable property | 345 |
Orders after adjudication | 346 |
Dispossession by decreeholder or purchaser | 347 |
Question to be determined | 348 |
ORDER XXII | 356 |
Rules Page | 357 |
1A When transposition of defendants as plaintiffs may be permitted | 363 |
Rules Page ORDER XXXIV | 364 |
4A Commission for examination of any person resident within | 372 |
Rules Page | 373 |
Rules Page | 382 |
Rules Page 4 Who may act as next friend or be appointed guardian for the suit | 393 |
Representation of minor by next friend or guardian for the suit | 396 |
Agreement or compromise by next friend or guardian for the sult | 397 |
Retirement of next friend | 398 |
Course to be followed by minor plaintiff or applicant on attaining majority | 399 |
Rules 1 to 14 except rule 2A to apply to persons of unsound mind | 400 |
ORDER XXXIIA SUITS RELATING TO MATTERS CONCERNING THE FAMILY 1 Application of the Order | 401 |
Duty to enquire into facts | 402 |
1A Inquiry into the means of an indigent person | 404 |
Notice of day for receiving evidence of applicants indegency | 405 |
Procedure at hearing | 406 |
Procedure if application admitted | 407 |
Costs where indigent person succeeds | 415 |
Procedure where indigent person fails | 416 |
11A Procedure where indigent persons suit abates | 417 |
State Government to be deemed a party | 418 |
Costs | 419 |
SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY 1 Paties to suits for foreclosure sale and redemption | 420 |
Final decree in foreclosure suit | 421 |
Power to decree sale in foreclosure suit | 422 |
Recovery of balance due on mortgage in suit for sale | 423 |
Final decree in redemption suit | 424 |
8A Recovery of balance due on mortgage in suit for redemption | 425 |
10A Power of Court to direct mortgagee to pay mesne profits | 426 |
Sale of property subject to prior mortage | 427 |
Mortgages by the deposit of titledeeds and charges | 428 |
ORDER XXXV | 431 |
Charge for plaintiffs costs | 432 |
Hearing and disposal of case | 433 |
Institution of summary suits | 434 |
Procedure for the appearance of defendant | 435 |
Power to set aside decree | 437 |
ORDER XXXVIII | 438 |
Rules Page 2 Security | 439 |
Attachment where cause not shown or security not furnished | 441 |
11A Provisions applicable to attachment | 442 |
Injunction to restrain repetition or continuance of breach | 447 |
2A Consequence of disobedience or breach of injunction | 448 |
Before granting injunction Court to direct notice to opposite party | 449 |
3A Court to dispose application for injunction within thirty days | 450 |
Injunction to corporation binding on its officers | 451 |
When party may be put in immediate possession of land the subjectmatter of suit | 452 |
Remuneration | 453 |
Enforcement of receivers duties | 454 |
When Collector may be appointed receiver | 455 |
ORDER XLI | 457 |
Grounds which may be taken in appeal | 460 |
Rejection or amendment of memorandum | 461 |
Rules Page 34 Dissent to be recorded | 477 |
Copies of judgment and decree to be furnished to parties | 478 |
ORDER XLII | 484 |
Power of Court to direct that the appeal be heard on the question formulated by it | 485 |
ORDER XLIII | 486 |
1A Right to challenge nonappealable orders in appeal against decrees | 489 |
ORDER XLIV | 490 |
Grant of time for payment of Courtfee | 491 |
ORDER XLV | 492 |
Certificate as to value or fitness | 493 |
Repealed | 494 |
Admission of appeal and procedure thereon | 495 |
Revocation of acceptance of security | 496 |
Effect of failure to comply with order | 497 |
Appeal from order relating to execution | 499 |
Repealed | 501 |
ORDER XLVI | 503 |
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Common terms and phrases
affidavit allowed amount appeal application appointed attachment behalf cause certificate Civil Civil Procedure claim clause Code of Civil COMMENTS contained copy costs dated decided decree deemed defendant direct District documents effect entitled evidence execution exercise expenses facts filed final fixed Form further Gazette give given Government granted ground guardian hearing HIGH COURT AMENDMENTS India insert the following instituted interest issue Judge judgment judgment-debtor jurisdiction leave limits Madras matter means mortgage namely necessary notice objection officer Order Order XXI original otherwise paid party passed payment person petition plaint plaintiff pleader pleadings possession present proceedings produce provisions question reason receive record referred registered relating relief respect rule served signed specified statement sub-rule Subs substitute sufficient suit summons taken thereof thinks fit Title transfer unless Vide Notification witness