Sample 4 - CPC 1908 - LawSite.today

Code of Civil Procedure (CPC) , 1908.

SECTIONS	CONTENT	CASE LAW

	PREAMBLE
0	Preamble	Case Law

	PRELIMINARY
2	Definitions	Case Law
8	Presidency Small Cause Courts	Case Law

	PART I

	SUITS IN GENERAL

	JURISDICTION OF THE COURTS AND RES JUDICATA
9	Court to try all civil suits unless barred	Case Law
10	Stay of suit	Case Law
11	Res Judicata	Case Law
12	Bar to further suit	Case Law
13	When foreign judgment not conclusive	Case Law
14	Presumption as to foreign judgments	Case Law

	PLACE OF SUING
15	Court in which suits to be instituted	Case Law
16	Suits to be instituted where subject-matter situate	Case Law
17	Suits for immovable property situate within jurisdiction of different Courts	Case Law
18	Place of institution of suit where local limits of jurisdiction of Courts are uncertain	Case Law
19	Suits for compensation for wrongs to person or movables	Case Law
20	Other suits to be instituted where defendants reside or cause of action arises	Case Law
21	Objections to jurisdiction	Case Law
23	To what Court application lies	Case Law
24	General power of transfer and withdrawal	Case Law
24	24-A Appearance of parties on transfer of suit, etc	Case Law
25	[Omitted]	Case Law

	INSTITUTION OF SUITS

	SUMMONS AND DISCOVERY
27	Summons to defendants	Case Law
30	Power to order discovery and the like	Case Law

	INTEREST
34	34-A Interest on Public dues	Case Law
34	Interest	Case Law

	COSTS
35	Costs	Case Law
35	35-A Compensatory costs in respect of false or vexatious claims or defenses	Case Law

	DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES AGAINST IMMOVABLE PROPERTY
68	Power to prescribe rules for transferring to Collector execution of certain decrees	Case Law

	DISTRIBUTION OF ASSETS
73	Proceeds of execution-sale to be rateably distributed among decree-holders	Case Law

	RESISTANCE TO EXECUTION
74	Resistance to execution	Case Law

	PART III

	INCIDENTAL PROCEEDINGS

	COMMISSIONS

	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	Case Law
80	Notice	Case Law

	SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS
84	When foreign States may sue	Case Law
85	Persons specially appointed by Government to prosecute or defend for Ruler of foreign State	Case Law
86	86-A Suits against diplomatic agents	Case Law
86	Suits against Rulers	Case Law
	INTERPLEADER

	PART V

	SPECIAL PROCEEDINGS ARBITRATION

	SPECIAL CASE
90	Power to state case for opinion of Court	Case Law

	SUITS RELATING TO PUBLIC MATTERS
91	Public nuisances	Case Law
92	Public charities	Case Law

	PART VI

	SUPPLEMENTAL PROCEEDINGS
94	Supplemental proceedings	Case Law

	ART VII

	APPEALS

	APPEALS FROM ORIGINAL DECREES
96	Appeal from original decree	Case Law
97	Appeal from final decree where no appeal from preliminary decree	Case Law
98	Decision where appeal heard by two or more Judges	Case Law
99	No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction	Case Law
	APPEALS FROM APPELLATE DECREES
100	Second appeal	Case Law
102	No second appeal in certain suits	Case Law

	APPEALS FROM ORDERS
104	Orders from which appeal lies	Case Law
105	Other orders	Case Law

	GENERAL PROVISIONS RELATING TO APPEALS
107	Powers of Appellate Court	Case Law
108	Procedure in appeals from appellate decrees and orders	Case Law

	APPEALS TO THE SUPREME COURT
109	When appeals lie to the Supreme Court	Case Law
110	Value of subject-matter	Case Law
	PART VIII
	REFERENCE, REVIEW AND REVISION
114	Review	Case Law
115	Revision	Case Law

	PART IX

	SPECIAL PROVISIONS RELATING TO HIGH COURTS
120	Provisions not applicable to High Court in original civil jurisdiction	Case Law

	PART X

	RULES


	PART XI

	MISCELLANEOUS
132	Exemption of certain women from personal appearance	Case Law
141	Miscellaneous proceedings	Case Law
144	Application for restitution	Case Law
145	Enforcement of liability of surety	Case Law
146	Proceedings by or against representatives	Case Law
147	Consent or agreement by persons under disability	Case Law
148	Enlargement of time	Case Law
149	Power to make up deficiency of Court-fees	Case Law
151	Saving of inherent powers of Court	Case Law
152	Amendment of judgments, decrees or orders	Case Law
153	General power to amend	Case Law
158	Reference to Code of Civil Procedure and other repealed enactments	Case Law

	FIRST SCHEDULE

	[SEE SECTION 121]
	C.P.C 1980 – ORDERS
RULES	CONTENT	CASE LAW
	ORDER_ I
	PARTIES TO SUITS
1	Who may be joined as plaintiffs	Case Law
3	Who may be joined as defendants	Case Law
4	Court may give judgment for or against one or more of joint parties	Case Law
7	When plaintiff in doubt from whom redress is to be sought	Case Law
8	One person may sue or defend on behalf of all in same interest	Case Law
9		Case Law
10	Suit in name of wrong plaintiff	Case Law
12	Appearance of one of several plaintiffs or defendants for others	Case Law
13	Objections as to non-joinder or misjoinder	Case Law

	ORDER_ II

	FRAME OF SUIT
1	Frame of suit	Case Law
2	Suit to include the whole claim	Case Law
4	Only certain claims to be joined for recovery of immovable property	Case Law
6	Power of Court to order separate trials	Case Law
7	Objection as to mis-joinder	Case Law
	ORDER_ III
	RECOGNIZED AGENTS AND PLEADERS
1	Appearance, etc., may be in person, by recognized agent or by pleader	Case Law
2	Recognized agents	Case Law
4	Appointment of pleader	Case Law
5	Service of process on pleader	Case Law
	ORDER_ IV
	INSTITUTION OF SUITS
1	Suit to be commenced by plaint	Case Law
	ORDER_ V
	ISSUE AND SERVICE OR SUMMONS
	ISSUE OF SUMMONS
2	Copy of statement annexed to summons	Case Law
6	Fixing day for appearance of defendant	Case Law
9	Delivery or transmission of summons for service	Case Law
10	Mode of service	Case Law
10	10-A Service by post	Case Law
11	Service on several defendants	Case Law
12	Service to be on defendant in person when practicable, or on his agent	Case Law
16	Persons served to sign acknowledgement	Case Law
17	Procedure when defendant refuses to accept service, or cannot be found	Case Law
18	Endorsement of time and manner of service	Case Law
20	Substituted service	Case Law
21	Service of summons where defendant resides within jurisdiction of another Court	Case Law
23	Duty of Court to which summons is sent	Case Law
25	Service where defendant resides out of Pakistan, etc., and has no agent in Pakistan	Case Law
	ORDER_ VI
	PLEADINGS GENERALLY
1	Striking out pleadings	Case Law
1	Pleading	Case Law
2	Pleading to state material facts and not evidence	Case Law
4	Particulars to be given where necessary	Case Law
5	Defendant’s interest and liability to be shown	Case Law
5	Further and better statement, or particulars	Case Law
6	Condition precedent	Case Law
10	Malice, knowledge, etc	Case Law
11	Notice	Case Law
14	Pleading to be singed	Case Law
15	Verification of pleadings	Case Law
17	Amendment of pleadings	Case Law
	ORDER _VII
	PLAINT
1	Particulars to be contained in plaint	Case Law
2	In money suits	Case Law
3	Where the subject-matter of the suit is immovable property	Case Law
5	Defendant’s interest and liability to be shown	Case Law
6	Grounds of exemption from limitation law	Case Law
7	Relief to be specifically stated	Case Law
9	Procedure of admitting plaint; Concise statement	Case Law
10	Return of plaint	Case Law
11	Rejection of plaint	Case Law
12	Procedure on rejecting plaint	Case Law
13	Where rejection of plaint does not preclude presentation of fresh plaint	Case Law
14	Production of document on which plaintiff sues	Case Law
18	Inadmissibility of document not produced when plaint filed	Case Law
26	List of legal representatives of plaintiff	Case Law
	ORDER_VIII
	WRITTEN STATEMENT AND SET-OFF
1	Written statement	Case Law
3	Denial to be specific	Case Law
4	Evasive denial	Case Law
5	Specific denial	Case Law
6	Procedure when only plaintiff appears	Case Law
6	Particulars of set-off to be given in written statement	Case Law
7	Defence or set-off founded on separate grounds	Case Law
9	Subsequent pleadings	Case Law
10	Procedure when party fails to present written statement called for by Court	Case Law
11	Address for service	Case Law
12	Consequence of failure to file address	Case Law

	ORDER _IX

	APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE
1	Parties to appear on day fixed in summons for defendant to appear and answer	Case Law
2	Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs	Case Law
3	Where neither party appears, suit to be dismissed	Case Law
4	Plaintiff may bring fresh suit or Court may restore suit to file	Case Law
7	Procedure where defendant appears on day of adjourned hearing assigns good cause for previous non-appearance	Case Law
8	Procedure where defendant-only appears	Case Law
9	Decree against plaintiff by default bars fresh suit	Case Law
13	Setting aside decree ex parte against defendant	Case Law

	ORDER_ X

	EXAMINATION OF PARTIES BY THE COURT
2	Oral examination of party or companion of party	Case Law
4	Consequence of refusal or inability of Pleader to answer	Case Law

	ORDER _XI

	DISCOVERY AND INSPECTION
2	Particular interrogatories to be submitted	Case Law
17	Time for inspection when notice given	Case Law
21	Non-compliance with order for discovery	Case Law

	ORDER _XII

	ADMISSIONS
1	Notice of admission of case	Case Law
5	Form of admission	Case Law
6	Judgment on admissions	Case Law
	ORDER_XIII
	PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS
1	Documentary evidence to be produced at first hearing	Case Law
2	Effect of non-production of documents	Case Law
3	Rejection of irrelevant or inadmissible documents	Case Law
4	Endorsements on documents admitted in evidence	Case Law

	ORDER XIV

	SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON
1	Framing of issues	Case Law
2	Issues of law and of fact	Case Law
3	Materials from which issues may be framed	Case Law
5	Power to amend and strike out issues	Case Law

	ORDER _XV

	DISPOSAL OF THE SUIT AT FIRST HEARING
3	Parties at issue	Case Law
4	Failure to produce evidence	Case Law

	ORDER_XVI

	SUMMONING AND ATTENDANCE OF WITNESSES
1	Summons to attend to give evidence or produce documents	Case Law
2	Expenses of witness to be paid into Court on applying for summons	Case Law
10	Procedure where witness fails to a comply with summons	Case Law
14	Court may of its own accord summon as witnesses strangers to suit	Case Law

	ORDER_XVII

	ADJOURNMENTS
1	Court may grant time and adjourn hearing	Case Law
2	Procedure if parties fail to appear on day fixed	Case Law
3	Court may proceed notwithstanding either party fails to produce evidence, etc	Case Law

	ORDER_XVIII
	HEARING OF THE SUIT AND EXAMINATION OF WITNESSES
1	Right to begin	Case Law
2	Statement and production of evidence	Case Law
3	Evidence where several issues	Case Law
4	Witnesses to b examined in open Court	Case Law
6	When deposition to be interpreted	Case Law
16	Power to examine witness immediately	Case Law
17	Court may recall and examine witness	Case Law
18	Power of Court to inspect	Case Law

	ORDER_XIX

	AFFIDAVITS
3	Matters to which affidavits shall be confined	Case Law

	ORDER_XX

	JUDGMENT AND DECREE
1	Judgment when pronounced	Case Law
3	Judgment to be signed	Case Law
4	Judgments of Small Cause Courts	Case Law
5	Court to state its decision on each issue	Case Law
6	Contents of decree	Case Law
12	Decree for possession and mesne profits	Case Law
13	Decree in administration suit	Case Law
14	Decree in pre-emption suit	Case Law
18	Decree in suit for partition of property or separate possession of a share therein	Case Law
19	Decree when set-off is allowed	Case Law
	ORDER_XXI
	EXECUTION OF DECREES AND ORDERS
	PAYMENT UNDER DECREE
1	Modes of paying money under decree	Case Law
2	Payment out of Court to decree-holder	Case Law
10	Application for execution	Case Law
15	Application for execution by joint decree-holder	Case Law
23	23-A Deposit of decretal amount, etc	Case Law
29	Stay of execution pending suit between decree-holder and judgment-debtor	Case Law
30	Decree of payment of money	Case Law
32	Decree for specific performance, for restitution of conjugal rights, or for an injunction	Case Law
33	Discretion of Court in executing decrees for restitution of conjugal rights	Case Law
35	Decree for immovable property	Case Law
36	Decree for delivery of immovable property when in occupancy of tenant	Case Law
37	Discretionary power to permit judgment-debtor to show cause against detention in prison	Case Law
38	Warrant for arrest to direct judgment-debtor be brought up	Case Law
40	Proceeding on appearance of judgment-debtor in obedience to notice or after arrest	Case Law
47	Attachment of share in movables	Case Law
52	Attachment of property in custody of Court or public officer	Case Law
54	Attachment of immovable property	Case Law
58	Investigation of claims to, and objections to attachment of, attached property	Case Law
62	Questions relating to rights, etc., of claimant in attached property to be decided by Court	Case Law
64	Power to order property attached to be sold and proceeds to be paid to person entitled	Case Law
66	Proclamation of sales by public auction	Case Law
68	Time of sale	Case Law
83	Postponement of sale to enable judgment-debtor to raise amount of decree	Case Law
89	Application to set aside sale on deposit	Case Law
90	Application to set aside sale on ground of irregularity or fraud	Case Law
91	Application by purchase to set aside sale on ground of judgment-debtor having no saleable interest	Case Law
92	Sale when to become absolute or be set aside	Case Law
95	Delivery of property in occupancy of judgment-debtor	Case Law
97	Rseistance or obstruction to possession of immovable property	Case Law
98	Resistance or obstruction judgment-debtor	Case Law
99	Resistance or obstruction by bona fide claimant	Case Law
100	Dispossession by decree-holder or purchaser	Case Law
101	Bona fide claimant to be restored to possession	Case Law
103	Certain orders conclusive and suit barred	Case Law

	ORDER_XXII

	DEATH; MARRIAGE AND INSOLVENCY OF PARTIES
1	No abatement by partys death if right to sue survives	Case Law
3	Procedure in case of death of one of several plaintiffs or of sole plaintiff	Case Law
4	Procedure in case of death of one of several defendants or of sole defendant	Case Law
6	No abatement by reason of death after hearing	Case Law
9	Effect of dismissal	Case Law
10	Procedure in case of assignment before final order in suit	Case Law
	ORDER_XXIII
	WITHDRAWAL AND ADJUSTMENT OF SUITS
1	Withdrawal of suit or abandonment of part of claim	Case Law
2	Limitation law not affected by first suit	Case Law
3	Compromise of suit	Case Law

	ORDER_XXIV

	PAYMENT INTO COURT

	ORDER_XXV

	SECURITY FOR COSTS

	ORDER_XXVI

	COMMISSIONS

	COMMISSIONS TO EXAMINE WITNESSES
9	Commissions to make local investigations	Case Law
10	Procedure of Commissioner	Case Law

	ORDER_XXVII
	SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
1	Suits by or against Government	Case Law
3	Plaints in suits by or against Government	Case Law
8	8-A No security to be required from Government or a public officer in certain cases	Case Law

	ORDER_XXVIIA

	SUITS INVOLVING ANY SUBSTANTIAL QUESTION AS TO THE INTERPRETATION OF CONSTITUTIONAL LAW
4	Application of Order to appeals	Case Law

	ORDER_XXVIII

	SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN
1	Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them	Case Law

	ORDER_XXIX

	SUITS BY OR AGAINST CORPORATIONS
1	Subscription and verification of pleading	Case Law
2	Service on corporation	Case Law
3	Power to require personal attendance of officer of corporation	Case Law

	ORDER_XXX

	SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN
1	Suing of partners in name of firm	Case Law
4	Right of suit on death of partner	Case Law

	ORDER_XXXI
	SUITS BY OR AGAINST TRUSTEES. EXECUTORS AND ADMINISTRATORS

	ORDER_XXXII

	SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND
1	Minor to sue by next friend	Case Law
2	Where suit instituted without next friend, plaint to be taken off the file	Case Law
3	Guardian for the suit to be appointed by Court for minor defendant	Case Law
7	Agreement or compromise by next friend or guardian for the suit	Case Law

	ORDER_XXXIII

	SUITS BY PAUPERS
1	Suits may be instituted in forma pauperis	Case Law
2	Contents of application	Case Law
3	Presentation of application	Case Law
4	Examination of applicant	Case Law

	ORDER_XXXIV

	SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY
2	Preliminary decree in foreclosure suit	Case Law
4	Preliminary decree in suit for sale	Case Law
5	Final decree in suit for sale	Case Law
7	Preliminary decree in redemption suit	Case Law
8	Final decree in redemption suit	Case Law

	ORDER_XXXV

	INTERPLEADER

	ORDER_XXXVI

	SPECIAL CASE

	ORDER_XXXVII

	SUMMARY PROCEDURE ON NEGOTIABLE INSTRUMENTS
1	Application of Order	Case Law
2	Institution of summary suits upon bills of exchange, etc	Case Law
3	Defendant showing defence on merits to have leave to appear	Case Law
4	Power to set aside decree	Case Law
5	Power to order bill, etc., to be deposited with officer of Court	Case Law

	ORDER_XXXVIII

	ARREST AND ATTACHMENT BEFORE JUDGMENT

	ARREST BEFORE JUDGMENT
5	Where defendant may be called upon to furnish security for production of property	Case Law
6	Attachment where cause not shown or security not furnished	Case Law
9	Removal of attachment when security furnished or suit dismissed	Case Law

	ORDER_XXXIX

	TEMPORARY INJUNCTION AND INTERLOCUTORY ORDERS

	TEMPORARY INJUNCTIONS
1	Cases in which temporary injunction may be granted	Case Law
2	2-B The order of injunction made under rule 1 or 2	Case Law
2	2-A An interim injunction passed under rule 1 or 2 in the absence of defendant shall not ordinarily exceed fifteen days	Case Law
2	Injunction to restrain repetition or continuance of breach	Case Law
3	Before granting injunction Court to direct notice to opposite party	Case Law
4	Order for injunction may be discharged, varied or set aside	Case Law
5	Injunction to corporation binding on its officers	Case Law

	ORDER_XL
	APPOINTMENT OF RECEIVERS
1	Appointment of receivers	Case Law

	ORDER_XLI

	APPEALS FROM ORIGINAL DECREES
1	Form of appeal: What to accompany memorandum.	Case Law
2	Grounds which may be taken in appeal	Case Law
3	Rejection or amendment of memorandum	Case Law
4	One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all	Case Law
5	Stay by Appellate Court	Case Law
8	Exercise of powers in appeal from order made in execution of decree	Case Law
11	Power to dismiss appeal without sending notice to lower Court	Case Law
17	Dismissal of appeal for appellants default	Case Law
19	Re-admission of appeal dismissed for default	Case Law
20	Power to adjourn hearing and direct person appearing interested to be made respondents	Case Law
21	Re-hearing on application of respondent against whom ex parte decree made	Case Law
22	Upon hearing, respondent may object to decree as if he had preferred separate appeal	Case Law
23	Remand of case by Appellate Court	Case Law
24	Where evidence on record sufficient, Appellate Court may determine case finally	Case Law
25	Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from	Case Law
27	Production of additional evidence in Appellate Court	Case Law
30	Judgment when and where pronounced	Case Law
31	Contents, date and signature of judgment	Case Law
33	Power of Court of Appeal	Case Law

	ORDER_XLII

	APPEALS FROM APPELLATE DECREES
1	Procedure	Case Law

	ORDER_XLIII

	APPEALS FROM ORDERS
1	Appeal from orders	Case Law
3	Notice before presentation of appeal	Case Law

	ORDER_XLIV

	PAUPER APPEALS

	ORDER_XLV
	APPEALS TO THE SUPREME COURT

	[SEE SECTION 109 TO 112]
1	Decree defined	Case Law

	ORDER_XLV_A

	EXECUTION OF ORDER OF FEDERAL COURT

	ORDER_XLVI

	REFERENCE

	ORDER_XLVII

	REVIEW

	[SEE SECTION 114]
1	Application for review of judgment	Case Law
5	Application for review in Court consisting of two or more Judges	Case Law

	ORDER_XLVIII
	MISCELLANEOUS
1	Process to be served at expense of party issuing	Case Law

	ORDER_XLIX

	HIGH COURTS
3	Application of rules	Case Law

	ORDER_L

	PROVINCIAL SMALL CAUSE COURTS

	ORDER_LI

	PRESIDENCY SMALL CAUSE COURTS

	[OMITTED BY THE A. 0., 1949]

	ORDER_LII

	APPLICABILITY OF RULE 38 OF ORDER 41 TO PROCEEDINGS UNDER SECTION 115
1	Rule 38 of Order 41	Case Law
	CIVIL PROCEDURE CODE

	APPENDIX A PLEADINGS

	(4) WRITTEN STATEMENTS GENERAL DEFENCES

	APPENDIX B PROCESS

	APPENDIX C

	DISCOVERY, INSPECTION AND ADMISSION

	APPENDIX “D” DECREES

	APPENDIX E EXECUTION

	APPENDIX F SUPPLEMENTAL PROCEEDINGS

	APPENDIX G

Code of Civil Procedure (CPC) , 1908.

SECTIONS

CONTENT

CASE LAW

C.P.C 1980 – ORDERS

RULES

CONTENT

CASE LAW