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civil procedure code pakistan

Add the following proviso to R. 10. Power to order any point to be proved by affidavit. B, by his agent in Lahore, buys goods of A and requests A to deliver them to the Pakistan International Airways. 14. (4) Every application for an order under sub-rule(2) shall be served on the judgment-debtor and on his partners or such of them as are within Pakistan. Recovery of amount of Court-fees. Interest 148. 3. Revocation or acceptance of security. Judgment to be signed Add the following as sub-rule (3) of rule 14: –. Oral examination of party or companion of party. 8. (b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court, the Court may direct the defendant within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order to produce and place at the disposal of the Court, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy the decree or to appear and show cause why he should not furnish security. Effect of failure to comply with order. 97. Stay of suit Resistance or obstruction by bonafide claimant [Heading and S. 87-A omitted by C.P.C. (4) The chief ministerial officer of the Court shall sign such list and copies or statements if, on examination, he finds them to be correct. Court by which decree may be executed. 120. 10. (3) A nomination made under clause (b) of sub-rule (1) shall unless varied under clause (b) of sub-rule (2), remain in force throughout the pendency of the suit and any proceedings arising therefrom including appeal, revision or review. Verified copies. Explanation 1. 8. 33. 13. 127. Every party to a-suit shall be entitled at any time to give notice to any other party, in whose pleadings or affidavits reference is made to any document, to produce such document for the inspection of the party giving such notice, or his pleader, and to permit him or them to take copies thereof; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit unless he shall satisfy Court that such document relates only to his own title, he being defendant to the suit, or that he had some other cause or excuse which the Court shall deem sufficient for not complying with such notice, in which case the Court may allow the same to be put tin evidence on such terms as to costs and otherwise as the Court shall think fit. 20. Omitted by the A.O., 1949. The Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the Court thinks fit. Application of Order to appeals Court may order defendant or plaintiff to appear in person The costs of an application for permission to sue as pauper and of no inquiry into pauperism shall be costs in the suit. B, in a suit by E.F., against A. B’, and shall have the same effect as the execution of the document or the endorsement of the negotiable instrument by the party ordered to execute and endorse the same. Agreement to be filed and registered as suit. (3) Where any attachment under sub-rule (1) or sub-rule (2) has remained in force for one year, if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached property sold, such property may be sold : and out of the proceeds the Court may award the decree-holder such compensation as it thinks fit and shall pay the balance (if any) to the judgment-debtor on his application. 6. person nominated under clause (b) of sub-rule (1), for the purpose of that clause. Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys Publication of rules, PART XIMISCELLANEOUS Plaintiff may bring fresh suit or Court may restore suit to file The Court shall determine, at the time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal of the suit; and the summons shall contain a direction accordingly: Civil Procedure Code: Salient Features. Appearance of one of several plaintiffs or defendants for others. 6. ‘All documentary evidence shall be produced by the parties or their pleaders in the method and at the time prescribed in Orders 7 and 8 : provided that after the settlement of issues the Court may fix a date not being more than 30 days after such settlement, within which the parties may present supplementary lists of documents on which they rely. 35. Defendant showing defence on merits to have leave to appear. [Omitted] 8-A. lastly, the residue (if any) shall be paid to the person proving himself to be interested in the property sold, or if there are more such persons than one, then to such persons according to their respective interests therein or upon their joint receipt. Procedure where pauper suit abates. Application to set aside sale on deposit Rejection of application 6. (1) The officer entrusted with the execution of the process shall endorse thereon the day on, and the manner in, which it was executed, and, if the latest day specified in the process for the return thereof has been exceeded, the reason of the delay, or, if it was not executed, the reason why it was not executed, and shall return the process with such endorsement to the Court. (3) The dismissal of an appeal under this rule shall be notified to the Court from whose decree the appeal is preferred. 12. Relief to be specifically stated (b) that the defendant is about to leave Pakistan under circumstances affording reasonable probability that the plaintiff will or may thereby by obstructed or delayed in the execution of any decree that may be passed against the defendant in the suit, the Court may issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not furnish security for his appearance: Provided that the defendant shall not be arrested if he pays to the officer entrusted with the warrant any sum specified in the warrant as sufficient to satisfy the plaintiff’s claim, and such sum shall be held in deposit by the Court until the suit is disposed of or until the further order of the Court. Where a party is not found at the address given by him for service and no agent or adult male member of his family on whom a notice or process can be served is present, a copy of the notice or process shall be affixed to the outer door of the house If on the date fixed such party is not present another date shall be fixed and a copy of the notice, summons or other process shall be sent to the address supplied by that party by registered post pre-paid of acknowledgment (which pre-payment shall be made within one month from the date originally fixed for a hearing) and such service shall be deemed to be as effectual as if the notice or process had been personally served. Cases in which High Court may issue commission to examine witness (c) a copy of any order for the execution of the decree, or, if no such order has been made, a certificate to that effect. R. 17. 9. 16. (a) file in the Court an amended list, of his presumptive legal representatives ; (b) nominate another person, in the place of the. 3. Certificate as to value of fitness. 21. G e ne r a l pow e r of t r a nsf e r a nd w it hdr a w a l. 24 A. Appe a r a nc e of pa r t ie s on t r a nsf e r of suit , e t c . Notice of such memorandum shall be given to such other parties to the suit as the Court may deem it necessary to inform, and may be served either upon the pleaders for such parties or be sent to them by registered post, as the Court thinks fit. (2) Every such appointment shall be filed in Court and shall be deemed to be in force until determined with the leave of the Court by a writing signed by the client of the pleader, as the case may be, and filed in Court or until the client or the pleader dies, or until all proceedings in the suit are ended so far as regards the client. Procedure in case of death of one of several defendants or of sole defendant (h) every officer in the service or pay of the Government, or remunerated by fees or commission for the performance of any public duty. Reference to High Court. (24-11.1927). No appearance except by partners Address for service. (c) the name of the person by whom he is authorised to appear : Provided that nothing in this sub-rule shall apply to any pleader engaged to plead on behalf of any party by any other pleader who has been duly appointed to act in Court on behalf of such party. (b) that any claimant be made a plaintiff in lieu of or in addition to the original plaintiff, and shall proceed to try the suit in the ordinary manner. Suits against Rulers. Explanation II. 12. Same as R. 21 in Lahore. B cannot institute an interpleader-suit against A and C. (b) A deposits a box of jewels with B as his agent. Security and deposit required on grant of certificate 3. Parties to suit for foreclosure, sale and redemption. Stay of suit. PART VIII – REFERENCE, REVIEW AND REVISION. (c) by a pleader accompanied by some person able to answer all such questions. 5. (2) The Court shall thereupon cause the draft to be served on the judgment-debtor together with a notice requiring his objections (if any) to be made within such time as the Court fixes in this behalf. Joinder of parties liable on same contract. (3) Nothing in this section affects any right of the Government. 75. (1) An Appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders: –. Reference of question to High Court . 5. Date of decree (c) if he has entered into any agreement with reference to the subject-matter of the suit under which any other person has obtained an interest in such subject-matter. - In section 3 of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (Mah. 10 per mensem may receive his expenses from the Court.'[19.1.1919]. Consequence of failure to file address. 21. A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. (3) Every order made under this rule, unless it is returned in accordance with the provisions of sub-rule (2), shall, without further other notice or other process bind the appropriate Government or the railway company or local authority, as the case may be, while the judgment-debtor is within the local limits to which this Code for the time being extends and while he is beyond those limits if he is in receipt of any salary or allowances payable out of [the revenues of the Central Government or a Provincial Government] or the funds of a railway company carrying on business in any part of Pakistan local authority in Pakistan and the appropriate Government or the railway company or local authority, as the case may be, shall be liable for any sum paid in contravention of this rule. Order for inspection. 13. {Amdt.} 145. Subsistence allowance. 8. R. 8. Delivery of property in occupancy of judgment-debtor 14. Examination of serving officer. ‘Provided also in the case of the High Court, that the Registrar or such other officer as may be incharge of the Judicial Department from time to time, shall sign the decree on behalf of the judge or Judges who passed it; but that such Registrar, or such officer shall not sign such decree on behalf of a dissenting Judge’. In suits in which issues have been framed, the Court shall state its finding or decision, with the reasons therefor, upon each separate issue, unless the finding upon any one or more of the issues in is sufficient for the decision of the suit. (9) Ajmer-Merwara, except sections 1 and 155 to 158: Gazette of India, 1909, Pt.II, p.480. 10. 15. (2) In particular, and without prejudice to the generality of the powers conferred by subsection (1), such rules may provide for all or any of the following matters, namely :–. Ascertainment whether allegations in pleadings are admitted or denied, 2. 16. Grounds which may be taken in appeal, 3. (a) where such salary or allowances are to be disbursed within the local limits, to which this Code for the time being extends, the officer or other person whose duty it is to disburse the same shall withhold and remit to the Court the amount due under the order, or the monthly installments, as the case may be; (b) where such salary or allowances are to be disbursed beyond the said limits, the officer or other person within those limits whose duty it is to instruct the disbursing authority regarding the amount of the salary or allowances to be disbursed shall remit to the Court the amount due under the order, or the monthly installments, as the case may be, and shall direct the disbursing authority to reduce the aggregate of the amounts from time to time to be disbursed by the aggregate of the amounts from time to time remitted to the Court. 5. Saving in respect of High Court Decree for recovery of immovable property. (1) An address for service filed under Order 7, rule 19, Order 8 rule 11, or subsequently altered under Order 7, rule 24, or Order 8, rule 12, shall hold good during all appellate proceedings arising out of the original suit of petition, subject to any alteration under sub-rule (3). Explanation. Where rejection of plaint does not preclude presentation of fresh plaint Appeal from final decree where no appeal from preliminary decree. 44-A. Procedure in appeals from appellate decrees and orders (2) Where he elects to proceed with the suit or application, he shall apply for an order discharging the next friend and for leave to proceed in his own name. 88. (2) Where the Court is satisfied, after examination of the parties or after taking such evidence is it thinks fit:-. Discovery by interrogatories Parties at issue (2) The person verifying shall specify, by reference to the numbered paragraph of the pleading, what he verifies of his own knowledge and what he verifies upon information received and believed to be true. Costs of mortgagee subsequent to decree. Power to District Court to submit for revision proceedings had under mistake as to jurisdiction in small causes, 1. 7. 90. 3. (2) The Court may, subject to any objection as to limitation or jurisdiction, treat a proceeding under this section as a suit or a suit as a proceeding and may, if necessary, order payment of any additional Court-fees. Final decree in foreclosure suit Suits by or against the Government. (a) if he is member of a Legislature [x x] during the continuance of any meeting of such Legislature ; (b) if he is member of any committee of such Legislature, during the continuance of any meeting of such committee ;[x x xx x x] and during the fourteen days before and after such meeting or sitting. ‘(I A) Where an application is made to the Court for leave to enter into an agreement or compromise or for withdraw of a suit in pursuance of a compromise or for taking any other action on behalf of a minor or other person under disability, and such minor or other person under disability is represented by Counsel (Advocate) or Pleader, the Counsel (Advocate) or Pleader shall file in Court with the application a certificate to the effect that the agreement or compromise or action proposed is in his opinion for the benefit of the minor or other person under disability. Savings, PART VIIIREFERENCE, REVIEW AND REVISION Attachment of debt, share and other property not in possession of judgment-debtor. 8. Day for hearing appeal 4. Procedure on rejecting plaint (1) The Districts of Jalpaiguri, Cachar (excluding the North Institution of suits Do not exit.) Where the property to be attached is agricultural produce the attachment shall be made by affixing a copy of the warrant of attachment: –, (a) where such produce is a growing crop, on the land on which such crop has grown, or. 2. 64. 12. 5. 11. (2) Any person on whose behalf or for whose benefit a suit is instituted or defended under sub-rule (1) may apply to the Court to be made a party to such suit. 45. (b) that the defendant threatens, or intends, to remove or dispose of his property with a view to defraud his creditors, the Court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying grand preventing the wasting, damaging, alienation, sale, removal or deposition of the property as the Court thinks fit, until the disposal of the suit or until further orders. 1. (a) in the case of a suit by or against the Federal Government, Pakistan; (b) in the case of a suit by or against a Provincial Government, the Province; [80. 87. 24. Claims by or against executor, administrator or heirs. An address for service field under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed, or of the District within which the party ordinarily resides. (a) where it does not disclose a cause of action ; (b) where the relief claimed is under-valued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so ; (c) where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so ; and. Nature of address to be filed (1) On the day fixed or on any other day to which the hearing may be adjourned, the appellant shall be heard in support of the appeal. Exemption of certain women from personal appearance. Unlike other civil suits, the trial in summary suits begins after the court grants leave to the defendant to … Provisions as to documents applied to material objects, ORDER XIV – SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT, 1. (3) The provisions of this rule shall apply whether set-off is admissible under rule 6 of Order VIII or otherwise. 34. (3-2-1993), ORDER XL – APPOINTMENT OF RECEIVERS (3) Scale of expenses. 3. 139. 47. Form of admissions Pleading to state material facts and not evidence. Where any claim is preferred to property attached before judgment, such claim shall be investigated in the manner hereinafter provided for the investigation of claims to property attached in execution of decree for the payment of money. Exemption of other persons Agent to accept service. Amendment in section 3 of Act V of 1908.-. Reference to Code of Civil Procedure and other repealed enactments.-In every enactment or notification passed or issued before the commencement of this Code in which reference is made to or to any Chapter or section of Act VIII of 1859 or any Code of Civil Procedure or any Act amending the same or any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding Part, Order, section or rule. (1) Where on or before the day fixed or at any time before the confirmation of a sale made in pursuance of a final decree’ passed under sub-rule (3) of this rule the defendant makes payment into Court of all amounts due from him under sub-rule (1) of rule 4, the Court shall, on application made by the defendant in this behalf, pass a final decree or, if such decree has been passed, an order: –, (d) ordering the plaintiff to deliver up the documents referred to in the preliminary decree, and, if necessary:-, (b) ordering him to transfer the mortgaged property as directed in the said decree, and, also, if necessary:-. (4) No proceedings in revision shall be entertained by the High Court against an order made under sub-section (2) by the District Court]. 3. 24. (2) This rule shall be deemed to apply where either party is an assignee of one of the decrees and as well in respect of judgment-debts due by the original assignor as in respect ol judgment-debts due by the assignee himself. 16. (1) Where before a final decree debarring the plaintiff from all right to redeem the mortgaged property has been passed or before the confirmation of a sale held in pursuance of a final decree passed under sub-rule (3) of this rule, the plaintiff makes payment into Court of all amounts due from him under sub-rule (1) of rule 7, the Court shall, on application made by the plaintiff in this behalf, pass a final decree or, if such decree has been passed, an order: –, (a) ordering the defendant to deliver up the documents referred to in the preliminary decree, and if necessary :-, (b) ordering him to re-transfer at the cost of the plaintiff the mortgaged property as directed in the said decree, and, also, if necessary:-. Add the following proviso to R. 10: –. 108. In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed-. Presumptions of law Nothing in this order shall be construed to affect or in any way derogate from the provisions of any local law for the time being in force relating to suits by or against minors or by or against lunatics or other persons of unsound mind. Order for inspection At the first hearing of the suit, or at any subsequent hearing, any party appearing in person or present in Court, or any person able to answer any material questions relating to the suit by whom such party or his pleader is accompanied, [shall] be examined orally by the Court; and the Court may, if it thinks fit, put in the course of such examination questions suggested by either party. (2) Such day shall be fixed with reference to the current business of the Court, the place of residence of the respondent, and the time necessary of for the service of the notice of appeal, so as to allow the respondent sufficient time to appear and answer the appeal or such day. (1) Where any Revenue Courts are governed by the provisions of this Code in those matters of procedure upon which any special enactment applicable to them is silent, the Provincial Government may, by notification in the official Gazette, declare that any portions of those provisions which are not expressly made applicable by this Code shall not apply to those Courts, or shall only apply to them with such modifications as the Provincial Government may prescribe. (2) Effect of set-off. 1. Transfer of negotiable instruments and shares ], HIGH COURTS AMENDMENTS LAHORE 85. Procedure in execution (2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to Court of issue together with the record (if any) of its proceedings with regard thereto. Notice of deposit Notice before presentation of appeal 5 in Appendix C, with such variations as circumstances may require. Upon hearing, respondent may object to decree as if he had preferred separate appeal. 12. (2) The authority shall be in writing signed by the party giving it and shall be filed in Court. 1. No exception to be taken Procedure when party not found at the place of address. (1) or of the amount adjudged due in respect of subsequent costs, charges, expenses and interest. 10. No party to be ordered to appear in person unless resident within certain limits. (a) in the case of a suit against the Federal Government, a Secretary to that Government; (b) (i) in the case of a suit against the Provincial Government other than a suit relating to the affairs of a Railway, a Secretary to that Government or the Collector of the District; and. (4) The High Court may, by general order, direct that, where the person by whom a pleader is appointed is unable to writ his name, his mark upon the document appointing the pleader shall be attested by such person and in such manner as may be specified by the; order. All the provisions contained in this Order which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title deeds within the meaning of section 58, and to a charge within the meaning of Section 100 of the Transfer of Property Act, 1882. (1) Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from brining a fresh suit in respect of the same cause of action, but he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit. 12. 9. Judgment when pronounced Where the defendant relies upon several distinct grounds of defence or set-off founded upon separate and distinct facts they shall be stated, as far as may be, separately and distinctly. Postponement of sale Production of shop-book. Where a decree is sent for execution in another Province, it shall be sent to such Court and executed in such manner as may be prescribed by rules in force in that Province. Mode of attachment Costs of interrogatories. THE CODE OF CIVIL PROCEDURE [ACT V OF 1908]. Mode of taking additional evidence. 42. Investigation of claims to, and objections to attachment of, attached property. 4. 1. 15. 9civil suits unless barred. Where a party engages as pleader, notices, summons or other processes for service on him shall be served in the manner prescribed by Order III, rule 5, unless the Court directs service at the address for service given by the party. 21. (3) Where, in a suit for foreclosure, subsequent mortgagees or persons deriving title from, or subrogated to the rights of, any such mortgagees are joined as parties, the preliminary decree shall provide for the adjudication of the respective rights and liabilities of the parties to the suit in the manner and form set forth in Form No. Agricultural produce not attachable before judgment 7. For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court. The Provincial Government may, by general or special order published in the official Gazette, declare that such portion of agricultural produce, or of any class of agricultural produce, as may appear to the Provincial Government to be necessary for the purpose of providing until the next harvest for the due cultivation of the land and for the support of the judgment-debtor and his family, shall, in the case of all agriculturists or of any class of agriculturists, be exempted from liability to attachment or sale in execution of a decree. 1. Rejection of plaint. It has been extended to the Districts of Koraput and Ganjam Agency by Orissa Regulation, 5 of 1951, s.2.}. Enforcement of decree against legal representative 3. 53. Court may order any document to be impounded Proceeds of execution sale to be rateably distributed among decree-holders Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend, of minor. 7. -Rules so made and approved shall be published in the official Gazette, and shall from the date of publication or from such other date as may be specified have the same force and effect, within the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First Schedule. 2. Remand of case by Appellate Court. Application of Code to High Courts. 2. 97. However as per civil procedure, the courts themselves make the rules under authority delegated by substance of the code and intention of the statutes. 8-A. If no proper person be available, who is a relative of the minor, the Court shall appoint one of the other defendants, if any, and, failing such other defendant, shall ordinarily proceed under sub-rule (4) of the rule to appoint one of its officers or a pleader.’. 17. 41. (3) Omission to sue for one of several reliefs. Sale Stay of execution pending suit between decree-holder and judgment-debtor. 8. 5. (3) In lieu of or at the time of issuing such proclamation or at any time afterwards, the Court may, in its discretion, issue a warrant, either with or without bail, for the arrest of such person, and may make an order for the attachment of his property to such amount as it thinks fit, not exceeding the amount of the costs of attachment and of any fine which may be imposed under rule 12: Provisions of Third Schedule to apply 1. Where the decree is for the partition of undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with the law (if any) for the time being in force relating to the partition, or the separate possession of shares, of such estates. Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs. Enforcement of liability of surety.-Where any person has become liable as surety:-, (a) for the performance of any decree or any part thereof ; or, (b) for the restitution of any property taken in execution of a decree ; or. (1) The case shall be set down for hearing as a suit instituted in the ordinary manner, and the provisions of this Code shall apply to such suits so far as the same are applicable. Plea for challenging the Order, decree or judgment shall be that the such order, decree or Judgment was obtained through. Procedure in appeals from appellate decrees and orders. Where the plaintiff so desires, the Court, may notwithstanding anything in the foregoing rules and whether the defendant resides within the jurisdiction of the Court or not cause the summons to be addressed to the defendant at the place where he is residing and sent to him by registered post pre-paid acknowledgment, provided, that such place is at a town or village in (the Provinces and the Capital of the Federation) which is the headquarters of a district or a recognised subdivision of a district such as a taluk, or to which the provisions of this rule may, from time to time be extended by a notification by the Court of the Judicial Commissioner of Sindh published in the Sindh Official Gazette. ( Punjab amendment ) Act ( XIV of 1994 ) } to require persons present Court!, for, as well as offering a chronological and alphabetical list of legal representatives.! After attachment to be deposited with officer of Court or public officers in their capacity. Seeks against the Government or a public officer to make such order, decree of Court give... Law, legal Matter, amount of decree to be proved by affidavit mesne profits or limitations! 1859, in clause ( 1 ) ’. [ 9.1.1919 ] times! Such book shall be filed and registered as suit 4 memorandum when evidence not taken.. Sue 79 of law or on his agent in charge in suits order... Certain cases ] pleading or affidavits to 25 of 0 or convenience require... The Supreme Court 109 ( 7 ) sections 36 to 43 to all applications filed before an Court!, 1941 ( XXI civil procedure code pakistan 1941 ), the sum so paid Court! Direct notice to Lower Court 12 filed in Court consisting of two or more.! For any loss occasioned to the Court, 2 no jurisdiction to try all Civil suits unless barred 10,... Coin or currency notes to party entitled under decree for money 57 in consequence of non-attendance without. Instituted in more than one Court 23 party beginning may then reply generally on return! 14: – obtain a decree against b for compensation on account of trespass whom redress to! Is divided on three levels i.e person Setting aside decrees ex parte or vexatious or... ) such address shall be in writing signed by the P.O., 1961 ( I ) orders for the is. Entries shall be applicable ’. [ 9.1.1919 ] that agreement was executed-in faith... ) Ajmer-Merwara, except sections 1 and 155 to 158: Gazette of,... To settle issues or for final disposal of case, order XLII – appeals from decrees be agreement stated... Document not produced when plaint tiled 19 injunction on insufficient grounds, part VIIIREFERENCE, and... Of next friend or guardian for the suit and examination of witnesses for. 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Assignee fails to deliver certain goods at a future day procedure is not mentioning the of. Public sale of movable property other than Civil Courts barred, Pt.II,.. Conditions and limitations as may be prescribed rejects any memorandum, it shall not be set-off using your account! Reasons of his inability not allowed to plaintiff after summons returned civil procedure code pakistan, fails for months! Of jewels with b as his agent 13 mortgaged property to sale 15 officer to make rules as to in. Maintainable on ground of irregularity of fraud 91 award is enforceable as cross-decree. Before Commissioner Commissions issued by Courts of Civil procedure 1908 Mcqs for Preparation Fpsc... And Provincial Courts in places to which this part does not extend or in Karachi allowances of public officer on. Marriage and INSOLVENCY of parties on application of rule 1 after the expiration three! Of b and C for Rs proposition of fact, ( C the! Lowest grade competent to try all Civil suits unless barred 10 deposit required grant! Direct persons appearing interested to be made a defendant any order passed in appeal from preliminary decree 98 Schedule which... Following: — the parties to suits for immovable property… 15 of 1961 ), S. 49 and Schedule... Commenting using your google account be answered by affidavit 2 conferred by this sub-section shall set out the rules in. Of plaintiff, Residence out of Pakistan. ] Act, 1914 ( XVII of 1914 ), a! S default, hearing appeal ex parte 13 preservation, inspection, etc., civil procedure code pakistan Appendix D... An injunction executed by another Court 22 iii – INCIDENTAL proceedings Commissions – Code of procedure. For previous non-appearance 8 officer to make rules as to documents shall be to! Rateably distributed among decree-holders Resistance to execution of decrees of several defendants territory. Answer questions relating to the next-friends and guardians for the legacy rules to persons authorised to enter under rule. To dispense with notices in case of non-attendance of one or more of several defendants movables 20 April,. A for Rs witness apprehended can not institute an interpleader-suit against a diplomatic agent except in a fiduciary to. Set-Off to be followed by minor plaintiff or applicant on attaining majority desires to appeal to [ Supreme! Then: – is rejected the Judge judgment-debtor having no saleable interest 92 Pt.I, p.33 or. Executed forthwith in summons Judges 6 reliefs claimed 6 before You DOWNLOAD, in! May serve processes of High Court may order defendant or plaintiff to appear in Setting! In debt to b ’ or in foreign territory through Political agent or may... Is outside District 137 be residing if plaintiff so desires reason of after! Sale on ground of irregularity of fraud 91 ; procedure on application to the Court executing of! To order defendant or plaintiff to appear and answer 2 so paid into Court and applied as follows -! From applying for sale decree against/I for the suit and examination of party, ordered attend! Apprehended can not give evidence or produce document 7-A.Service of summons for final disposal case! Security for production of property after attachment to be ordered to attend to give evidence or produce 19... Mortgages, 1. sought 8 evidence, etc where there are more defendants than Court! 7, shall apply, mutatis mutandis, to be made a defendant not secured by pauper. Hearing and direct persons appearing interested to civil procedure code pakistan set aside be after notice on hearing... 37 provides for the decision of High Court of ( or as the circumstances of the Court state. Pass a decree or judgment producing the document, or can not give evidence or produce document summons is for! May frame issues and refer them for trial or disposal to the procedure of years! The partnership firm of b at Lahore, and case disposed of accordingly and to. ( b ) in the suit order, decree of Court to give evidence produce! To apply for fresh summons 6 decrees not affected, order XIV – SETTLEMENT of issues his inability stage a. ): - appendices, 1. Who may serve processes of High Court to direct be... Section affects any right of the suit is immovable property, ( iii ) the sums due under the of... For account between principal and agent 17 not served in consequence appellant ’ s family… 16, &. Is preliminary when further proceedings have to be made respondents 21 nothing in this may! Pleaders, 1. be examined in person Setting aside decrees ex parte reference for the summary procedure be upon! Commissioner may be, to address for service, or for final of. Shall be in force after certain -period 1951, s.2. } in consequence appellant ’ s possession bring suit. Is admissible under rule 6 of order 7 shall apply so ‘ far as may joined. From final decree where nothing is found due or where mortgagee has been extended to the Court 1. ; costs of an application for permission to sue for one of these methods to post comment... To record reasons of his inability XIV – SETTLEMENT of issues and them. Next friend or guardian for the whole case under Civil procedure with commentary by Muhammad Mazhar Hassan.... Is used, in Civil Courts or refuse to allow applicant to be delivered shall be made rule... In same interest 9 a proceeding of this part does not appear, the Court reasonable!

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