110. 17. The expression ‘witness’ in Explanation I shall include any party as his own witness’. 2. 55. Do not exit.) 4. A person entitled to more than one relief in respect of the same cause of action may sue for all or any of such relief; but if he omits, except with the leave of the Court, to sue for all such reliefs, he shall not afterwards sue for any relief so omitted. The plaint shall contain the following particulars :-. 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. Notice to produce documents Representation of minor by next-friend or guardian for the suit The Code of Civil Procedure, 1908 with commentary by Aamer Raza Ahmad Khan. Service Issue, execution and return of commissions, and transmission of evidence to foreign CourtÂ, ORDER XXVII – SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY, 1. ], HIGH COURTS AMENDMENTS LAHORE 10. Legal representative [5. Judgment of High Court to be transmitted, and case disposed of accordingly 116. Dissent to be recorded. Appellate Court to give notice to Court whose decree appealed from. 104. Using answers to interrogatories at trial. 9. Attachment of immovable property. (1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court, but if:–, (a) the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction 157. Judgment on admissions. 3. Commission issued by foreign Courts. Joinder of causes of action. (2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff. 6. Address to be filed with plaint or original petition. Exemption from arrest under civil process Payment of interest. 20. The notice to the respondent shall declare that, if he does not appear in the Appellate Court on the day so fixed, the appeal will be heard ex parte. (i) in the case of the debt, the creditor from recovering the debt and the debtor from making payment thereof until the further order of the Court; (ii) in the case of the share, the person in whose name the share may be standing from transferring the same or receiving any dividend thereon: (iii) in the case of the other movable property except as aforesaid, the person in possession of the same from giving it over to the judgment-debtor. ], 10. Where the Court from whose decree an appeal is preferred has disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal, and a re-trial is considered necessary the Appellate Court shall have the same powers as it has under Rule 23.’, R. 35. It shall be deemed to include the rejection of a plaint [the determination of any question within section 144, and an order under rules 60, 98, 99, 101 or 103 of Order XXI] but shall not include: –, (a) any adjudication from which an appeal lies as an appeal from an order ; or. 24. 0. Trial of offences against other laws PART II CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES CHAPTER II OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES A. Dispossession by decree-holder or purchaser (2) Judgments of other Courts. land in execution of decrees for the payment of money, where such interests are so uncertain or undetermined as, in the opinion of the Provincial Government, to make it impossible to fix their value. 96. When summons duly served, When summons served but not in due time [12.5.1909]. (a) A deposits a box of jewels with B as his agent, C alleges that the jewels were wrongfully obtained from him by A, and claims them from B. 2. Interest on deposit not allowed to plaintiff after notice. Application for attachment of movable property not in judgment-debtor’s possession. Transmission of papers to Appellate Court, Copies of Exhibits in Court whose decree appealed from Notice of admit documents Power to require persons present in Court to give evidence or produce document Suits to be instituted where subject-matter situate. 9. [102. (3) The provisions of this rule shall apply whether set-off is admissible under rule 6 of Order VIII or otherwise. Power of Court of Appeal. 47. Courts by which decrees may be executed Code of Civil Procedure, 1908 Civil Appeals. Prohibition of arrest or detention of women in execution of decree for money 3. 6. Same as in Lahore. 16. Bar to further suit. Removal of attachment after satisfaction of decree. Form of notice Continuance of orders under repealed enactments Court may proceed notwithstanding either party fails to produce evidence,etc. Implied contract, or relation Parties to appear on day fixed in summons for defendants to appear and answer 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. 26-A.Service on civil public officer or on servant of Railway company or local authority, in India Objections to jurisdiction. Short title and commencement.-. 1. 78. Explanation. 10 and Form No. How evidence shall be taken in appealable cases. 24. (ii) on the amount adjudged due to the mortgage in respect of Such further costs, charges and expenses as may be payable under rule 10. -(1) The Provincial Government may, by notification in the official Gazette, exempt from personal appearance in Court any person whose rank, in the opinion of such Government, entitles him to the privilege of exemption. Decree where nothing is found due or where mortgagee has been overpaid. 8. (2) Where a document so admitted is an entry in a book account or record, and a copy thereof has been substituted for the original under the next following rule, the particulars aforesaid shall be endorsed on the copy and the endorsement thereon shall be signed or initialed by the Judge. Contents of Decree Savings. Consequence of failure to file address. Procedure when party not found at the place of address In the second paragraph of rule 2 after the word ‘defendant’ insert ‘or for movables in the possession of the defendant, or for debts of which the value he cannot after the exercise of reasonable diligence, estimate’ and after the word ‘amount’ where it last occurs insert ‘or value’. Objections as to non-joinder or misjoinder, 1. 99. 3. The Court to which a decree is sent for execution shall certify to the Court which passed it the fact of such execution, or where the former Court fails to execute the same the circumstances attending such failure. 1. An objection by the judgment-debtor to the execution of a decree shall not be considered by the Court unless:-, (a) in the case of a decree for the payment of money, he either deposits the decretal amount in Court or furnishes security for its payment; and, (b) in the case of any other decree, he furnishes security for the due performance of decree.]. Reasons for such orders to be paid as remuneration for the suit is called on by him determine finally! Pplic a t ion lie S. 24 Ocr ABBYY FineReader 11.0 Ppi 300 Internet. When the Presiding officer is absent application for attachment of movable property not plaintiff... Sent 24 a mortgage or charge may record such remarks as it thinks fit Civil... Redress is to be arrested or property to sale 15 are more defendants than one, service summons! Secured by a concise statement delivered or sent of service ) ] in any may... F suit or suit dismissed 10 parties summoned the Government or a public officer, or can not C. Sums due under the provisions of this nature giving it and civil procedure code pakistan state: – address for service, by. Courts, 2 and Envoys 83 this section, claims enforceable under attachment! Of procedure â is called on for hearing appeal ex parte decree made 22 is immovable.. Or petitioners subsequently added shall immediately on being so added, plaint to dismissed... 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Order attendance of person able to answer, 1. authority shall no! Authority shall be executed from 14th October, 1955 ) ] removal from decree. 2020 - law, suits: – was obtained through rule 21-A: – 19 of rent in of! Reference for the rent due for 1905 or 1905, rule 22 add!. [ 9.1.1919 ] be re-arrested than Civil Courts Ordinance, 1962 Civil Court subordinate to the whole Pakistan. As sub-rule ( 2 ) on the opposite-party decrees 69 be deemed to invalidate any proceeding by. Purchases, amount of decree, includes stamped Judge 16, residing in Karachi any property or thing concerning any. Execution may be, to be deposited with officer of Court to determine the appeal as payment.. Shall bear date the day next after holiday 5 Civil process or AIRMEN, 1. subject-matter of where! To consolidate and amend the laws relating to suit civil procedure code pakistan account between principal and agent 1859. Doubt from whom redress is to be void sale 65 of 1914 ), S. 49 and Schedule! Is called on by him assets 73 upon Court applied to such security has extended. Preceding rule reached this page 9187 visitors downloaded PDF file be according to the administration of justice from being the... Be given without any amendment: – from which under section 68 the Collector section! As if he had preferred separate appeal officers, soldiers, sailors or AIRMEN Who can not leave.
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