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Code of Civil Procedure, 1908
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Contents
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Versions and amendments
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SECTIONS:
PRELIMINARY
1.
Short title, commencement and extent.
2.
Definitions.
3.
Subordination of Courts.
4.
Savings.
5.
Application of the Code to the Revenue Courts.
6.
Pecuniary Jurisdiction.
7.
Provincial Small Cause Courts.
8.
[Omitted.]
PART I
SUITS IN GENERAL
JURISDICTION OF THE COURTS AND RES JUDICATA
9.
Courts to try all civil suits unless barred.
10.
Stay of suit.
11.
RES JUDICATA
12.
Bar to further suits.
13.
When foreign judgment not conclusive.
14.
Presumption as to foreign judgment.
PLACE OF SUING
15.
Court in which suits to be instituted.
16.
Suits to be instituted where subject-matter situate.
17.
Suits for immoveable property situate within jurisdiction of different Courts.
18.
Place of institution of suit where local limits of jurisdiction, of Courts are uncertain.
19.
Suits for compensation for wrongs to person or moveables.
20.
Other suits to be instituted where defendants reside or cause of action arises.
21.
Objections to jurisdiction.
22.
Power to transfer suits which may be institued in more than one Court.
23.
To what Court application lies.
24.
General power of transfer and withdrawal.
24 A.
Appearance of parties on transfer of suit, etc.
25.
[Omitted.]
INSTITUTION OF SUITS
26.
Institution of suits.
SUMMONS AND DISCOVERY
27.
Summons to defendants.
28.
Service of summons where defendant resides, in another Province.
29.
Service of foreign summonses.
30.
Power to order discovery and the like.
31.
Summons to witness.
32.
Penalty for default.
JUDGMENT AND DECREE
33.
Judgment and decree.
INTEREST
34.
Interest.
34 A.
Interest on public dues.
34 B.
Interest etc., on dues of banking company.
COSTS
35.
Costs.
35 A.
Compensatory costs in respect of false or vexatious claims or defences.
PART II
EXECUTION
GENERAL
36.
Application to orders.
37.
Definition of Court which passed a decree.
COURTS BY WHICH DECREE MAY BE EXECUTED
38.
Courts by which decree may be executed.
39.
Transfer of decree.
40.
Transfer of decree to Court in another Province.
41.
Result of execution proceeding to be certified.
42.
Powers of Court in executing transferred decree.
43.
Execution of decrees passed by British Courts in places to which this Part does not extend or in foreign territory.
44.
[Omitted.]
44 A.
Execution of decrees passed by Courts in the United kingdom and other reciprocating territory.
45.
[Omitted.]
46.
Precepts.
QUESTIONS TO BE DETERMINED BY THE COURT EXECUTING DECREE
47.
Questions to be determined by the Court executing decree.
LIMIT OF TIME FOR EXECUTION
48.
Execution barred in certain cases.
TRANSFEREES AND LEGAL REPRESENTATIVES
49.
Transferee.
50.
Legal representative.
PROCEDURE IN EXECUTION
51.
Powers of Court to enforce execution.
52.
Enforcement of decree against legal representative.
53.
Liability of ancestral property.
54.
Partition of estate of seperation of share.
ARREST AND DETENTION
55.
Arrest and detention.
56.
Prohibition of arrest or detention of women in execution of decree for money.
57.
[Omitted.]
58.
Release form detention.
59.
[Omitted.]
ATTACHMENT
60.
Property liable to attachment and sale in execution of decree.
61.
Partial exemption of agricultural produce.
62.
Seizure of property in dwelling house.
63.
Property attached in execution of decrees of several Courts.
64.
Private alienation of property after attachment to be void.
SALE
65.
Purchaser`s title.
66.
Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff.
67.
Power for Provincial Government to make rules as to sales of land in execution of decrees for payment of money.
DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES AGAINST IMMOVEABLE PROPERTY
68.
Power to prescribe rules for transferring to Collector execution of certain decrees.
69.
Provisions of Third Schedule to apply.
70.
Rules of procedure.
Jurisdiction of Civil Courts barred.
71.
Collector deemed to be acting Judicially.
72.
Where Court may authorise Collector to stay public sale of land.
DISTRIBUTION OF ASSETS
73.
Proceeds of execution sale to be rateably distributed among decree-holders.
RESISTANCE TO EXECUTION
74.
Resistance to execution.
PART III
INCIDENTAL PROCEEDINGS
COMMISSIONS
75.
Power of Court to issue commissions.
76.
Commission to another Court.
77.
Letter of request.
78.
Commissions issued by foreign Courts.
PART IV
SUITS IN PARTICULAR CASES
SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
79.
Suits by or against the Government.
80.
Notice.
81.
Exemption from arrest and personal appearance.
82.
Execution of decree.
SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS
83.
When aliens may sue.
84.
When foreign States may sue.
85.
Persons specially appointed by Government to prosecute or defend for Ruler of foreign State.
86.
[Repealed.]
86 A.
Suits against diplomatic agents.
87.
[Repealed.]
87 A.
[Omitted.]
INTERPLEADER
88.
Where inter pleader suit may be instituted.
PART V
SPECIAL PROCEEDINGS
ARBITRATION
89.
[Omitted.]
SPECIAL CASE
90.
Power to state case for opinion of Court.
SUITS RELATING TO PUBLIC MATTERS
91.
Public nuisances.
92.
Public charities.
93.
Exercise of powers of Advocate General.
PART VI
SUPPLEMENTAL PROCEEDINGS
94.
Supplemental proceedings.
95.
Compensation, for obtaining arrest, attachment or injunction on in sufficient grounds.
PART VII
APPEALS
APPEALS FROM ORIGINAL DECREES
96.
Appeal from original decree.
97.
Appeal from final decree where no appeal from preliminary decree.
98.
Decision where appeal heard by two or more Judges.
99.
No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.
APPEALS FROM APPELLATE DECREES.
100.
Second appeal.
101.
Second appeal on no other grounds.
102.
No second appeal in certain cases.
103.
Power of High Court to determine issues of fact.
APPEALS FROM ORDERS
104.
Orders from which appeal lies.
105.
Other orders.
106.
What Courts to hear appeals.
GENERAL PROVISIONS RELATING TO APPEALS
107.
Powers of Appellate Court.
108.
Procedure in appeals from appellate decrees and orders.
APPEALS TO THE SUPREME COURT
109.
When appeals, lie to the Supreme Court.
110.
[Omitted.]
111.
Bar of certain appeals.
111 A.
[Omitted.]
112.
Savings.
PART VIII
REFERENCE, REVIEW AND REVISION
113.
Reference to High Court.
114.
Review.
115.
Revision.
PART IX
SPECIAL PROVISIONS RELATING TO HIGH COURTS
116.
Part to apply only to certain High Courts.
117.
Application of Code to High Courts
118.
Execution of decree before ascertainment of costs.
119.
Unauthorised persons not to address Court.
120.
Provisions not applicable to High Court in original civil jurisdiction.
PART X
RULES
121.
Effect of rules in First Schedule.
122.
Power of certain High Courts to make rules.
123.
Constitution of Rule Committees in certain Provinces.
124.
Committee to report High Court.
125.
[Omitted.]
126.
Rules to be subject to approval.
127.
Publication of rules.
128.
Matters for which rules may provide.
129.
Power of High Courts to make rules as to their original Civil Procedure.
130.
[Omitted.]
131.
Publication of rules.
PART XI.
MISCELLANEOUS
132.
Exemption of certain women from personal appearance.
133.
Exemption of other persons.
134.
Arrest other than in execution of decree.
135.
Exemption from arrest under Civil process.
135 A.
Exemption of members of Legislative bodies from arrest and detention under Civil process.
136.
Procedure where person to be arrested or property to be attached is outside district.
137.
Language of subordinate Courts.
138.
Power of High Court to require evidence to be recorded in English.
139.
Oath on affidavit by whom to be administered.
140.
Assessors in causes of salvage, etc.
141.
Miscellaneous proceedings.
142.
Orders and notices to be in writing.
143.
Postage.
144.
Application for restitution.
145.
Enforcement of liablity of surety.
146.
Proceedings by or against representatives.
147.
Consent or agreement by person under disability.
148.
Enlargement of time.
Code of Civil procedure ( Amendment) Act, 2004
Code of Civil Procedure (Amendment) Ordinance, 2002
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