all orders and notices served on or given to any person under the provisions of the Code of Civil Procedure. Relief founded on separate grounds. (2) In every such case the provisions of sections 69 to 71 and of any rules made in pursuance thereof shall apply so far as they are applicable. In cases in which an appeal is allowed the evidence of each witness shall be taken down in writing, in the language of the Court, by or in the presence and under the personal direction and superintendence of the Judge, not ordinarily in the form of question and answer, but in that of a narrative and, when completed, shall be read over in the presence of the Judge and of the witness, and the Judge shall, if necessary, correct the same, and shall sign it. Defendant need not be interested in all the reliefs claimed 143. Reference to Code of Civil Procedure and other repealed enactments, 1. Who may be joined as plaintiffs (2) The provisions for the service of process on a party to a suit shall apply to the service of process on his recognized agent. 60. The High Court, after hearing the parties if they appear and desire to be heard, shall decide the point so referred, and shall transmit a copy of its judgment, under the signature of the Registrar, to the Court by which the reference was made, and such Court shall, on the receipt thereof, proceed to dispose of the case in conformity with the decision of the High Court. Revocation or acceptance of security. 30. The amount nor being ascertained cannot be set-off. –The provisions of sections 55, 57 and 59 shall apply, so far as may be, to all persons arrested under this Code. 3. 4. 9. Examination of applicant, if presented by agent. Power to state case for Court’s opinion. Second appeal on no other grounds. (1) Where a party fails to file an address for service as provided in the preceding rule, he shall be liable to have his defence, if any, struck out and to be placed in the same position as if he had not defended. Where application is made to a Court for the execution of a decree under which two parties are entitled to recover sums of money for each other then: —, (a) if the two sums are equal, satisfaction for both shall be entered upon the decree; and. Grounds of exemption from limitation law. The Court may either by the decree directing an account to be taken of by any subsequent order give special directions with regard to the mode in which the account is to be taken or vouched and in particular may direct that in taking the account books of account in which the accounts in question have been kept shall be taken as prima facie evidence of the truth of the matters therein contained with liberty to the parties interested to take such objection thereto as they may be advised. Service by other modes. Cases in which High Court may issue commission to examine witness Where the suit abates by reason of the death of the plaintiff or of any person added as a co-plaintiff the Court shall order that the amount of Court-fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper shall be recoverable by the Provincial Government from the estate of the deceased-plaintiff. A person is a ‘pauper’ when he is not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in such suit, or, where on such fee is prescribed when he is not entitled to property worth one hundred rupees other than his necessary wearing-apparel and the subject-matter of the suit. Malice, knowledge, etc. (3) The Court may direct that the costs payable to one party by the other shall be set-off against any sum which is admitted or found to be due from the former to the latter. 18. 37. Decree in suit for partition of property or separate possession of a share therein. Transferee Procedure in suits against public officer ’14-A. [3. Order, after decree, for payment by instalments Service on soldiers, sailors or airmen Decree in suit for account between principal and agent. 74. Purchaser’s title 2. (b) if the two sums are unequal, execution may be taken out only by the holder of the decree for the larger sum and for so .much only as remains after deducting the smaller sum, and satisfaction for the smaller sum shall be entered on the decree for the larger sum as well as satisfaction of the decree for the smaller sum. Form of affidavit in answer. (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. (1) Every application to the Court on behalf of a minor, other than an application under rule 10, sub-rule (2), shall be made by his next friend or by his guardian for the suit. 35. 10. (2) The judgment-debtor also may inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree-holder to show cause, on a day to be fixed by the Court, why such payment or adjustment should not be recorded as certified; and if, after service of such notice, the decree-holder holder fails to show-cause why the payment or adjustment should not be recorded as certified, the Court shall record the same accordingly. Right to begin (e) A sues B for compensation on account of trespass. APPEALS FROM ORDERS Every summons shall be accompanied by a copy of the plaint or, if so permitted, by a concise statement. (1) Where the certificate is granted, the applicant shall, within ninety days or such further period, not exceeding sixty days, as the Court may upon cause shown allow from the date of the decree complained of, or within six weeks from the date of the grant of the certificate, whichever is the later date: –, (a) furnish security in cash or in Government securities for the costs of the respondent, and, (b) deposit the amount required to defray the expense of translating, transcribing, indexing [printing] and transmitting to [the Supreme Court] a correct copy of the whole record of the suit, except:-. Payment of interest It is in contrast of the Code of Criminal … Power to order discovery and the like. Liability of ancestral property Or get it for free. Decree in suit for dissolution of partnership. (1) Where the parties are at issue on some question of law or of fact, and issuer have been framed by the Court as hereinbefore provided if the Court is satisfied that no further argument or evidence than the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit and that no injustice will result from proceeding with the suit forthwith, the Court may proceed to determine such issues, and if, the finding thereon is sufficient for the decision, may pronounce judgment accordingly, whether the summon has been issued for the settlement of issues only or for the final disposal of the suit : Provided that where the summons has been issued for settlement of issues only, the parties or their pleaders are present and none of them objects. Interrogatories shall be in Form No. Commission issued by foreign Courts. 31. Power to prescribe rules for transferring to Collector execution of certain decrees. But, where the Court to which the decree is to be sent for execution is situate in a different district, the Court which passed it shall send it to the District Court of the district in which the decree is to be executed. Decree in suit for account between principal and agent Address to be filed with plaint. 14. Mode of making attachment. [15.10.1932]. 18. 11. Court to examine witness pursuant to commission An Act further to amend the Code of Civil Procedure, 1908 [Gazette of Pakistan, Extraordinary, Part-I, 22 nd February, … 4. (1) The Provincial Government may make rules consistent with the aforesaid provisions-. 76. Presumptions of law Procedure in suits, ORDER XXXVIII – ARREST AND ATTACHMENT BEFORE JUDGMENT, Arrest Before Judgment first, in payment of all expenses incident to the sale or properly incurred in any attempted sale; secondly, in payment of whatever is due to the prior mortgagee, on account of the prior mortgage, and of costs, .properly incurred in connection therewith; thirdly, in payment of all interest due on account of the mortgage in consequence whereof the. Section 12(2) of Civil Procedure Code (CPC) ... (2008 SCMR 236) Supreme court of Pakistan. 16. Premature discovery II-88. One person may sue or defend on behalf of all in same interest 9. (1) Where the Court decrees a claim to pre-emption in respect of a particular sale of property and the purchase-money has not been paid into Court, the decree shall: —, (a) specify a day on or before which the purchase-money shall be so paid, and. Court may order applicant to be examined by commission The provisions as to the form of preferring appeal shall apply, mutatis mutandis, to applications for review. 2. [102. 2. Persons specially appointed by Government to prosecute or defend for Rulers of Foreign States Where defendant may be called upon to furnish security for production .on property 31. (a) make an order for the detention, preservation or inspection of any property which is the subject-matter of such suit, or as to which any question may arise therein; (b) for all or any of the purposes aforesaid authorise any person to enter upon or into any land or building in the possession of any other party to such suit; and. 10. 98. 2. In any second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue of fact necessary for the disposal of the appeal which has not been determined by the lower appellate Court or which has been wrongly determined by such Court by reason of any illegality, omission, error or defect such as is referred to in sub-section (1) of section 100. (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. Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party: —. 5. 48. Final decree in foreclosure suit. -Save as provided in this Part or in Part X or in rules, the provisions of this Code shall apply to [x x x] High Courts. Order of rejection not appealable : Objections to order granting application Service Service of summons by pre-paid post wherever the defendant may be residing if plaintiff so desires. The holder of every dishonoured bill of exchange or promissory note shall have the same remedies for the recovery of the expenses incurred in nothing the same for non-acceptance or non-payment, or otherwise, by reason of such dishonour, as he has under this Order for the recovery of the amount of such bill or note. 83. (1) Where a decree is for the execution of a document or for the endorsement of a negotiable instrument and the judgment-debtor neglects or refuses to obey the decree, the decree-holder may prepare a draft of the document or endorsement in accordance with the terms of the decree and deliver the same to the Court. 1. Do not exit.) 14. In money suits Appeal from original decree. Where such copies are so filed, the decree or order may, if the Court to which it is sent is the District Court, be executed by such Court or be transferred for execution to any subordinate Court of competent jurisdiction. (2) The other party shall then state his case and produce his evidence (if any) and may then address the Court generally on the whole case. Deposit of money, etc., in Court, 2. 3. Appointment of pleader. Comment: This is the basic law of procedure in civil matters. Verified copies. 3. Judge unable to make such memorandum to record reasons of his inability Procedure when party fails to present written statement called for by Court. It has been declared to be in force in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s.2; in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s.3 and Sch., and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s.3 and Sch. Where an appeal is heard ex parte and judgment is pronounced against the respondent he may apply to the Appellate Court to re-hear the appeal; and, if he satisfies the Court that the notice was not duly served or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing the Court shall re-hear the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him. 24-A. 4. ORDER XLV – APPEALS TO THE [SUPREME COURT], 1. 1. 8. Court to direct notice to opposite party Save as otherwise prescribed, where there are more defendants than one, service of the summons shall be made on each defendant. (1) Where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of any such property. 6. ACT NO. Every plaint or original petition shall be accompanied by a proceeding giving an address at which service of notice, summons or other process may be made on the plaintiff or petitioner. 8. 7. The powers conferred by sections 91 and 92 on the Advocate-General may be, with the previous sanction of the Provincial Government, exercised also by the Collector or by such officer as the Provincial Government may appoint in this behalf. R. 3. (2) Original entry to be marked and returned. Definition of Court which passed a decree. 17. (1) Where a person to whom a summons has been issued either to attend to give evidence or to produce a document fails to attend or to produce the document in compliance with such summons, the Court shall, if the certificate of the serving officer has not been verified by affidavit, and may, if it has been so verified, examine the serving-officer on oath or cause him to be so examined by another Court, touching the service or non-service of the summons. Attendance and examination of witnesses before Commissioner Parties at issue. Where witness resides within Court’s jurisdiction Rules not binding on Court. (1) Where applications are made to a Court for the execution of cross-decrees in separate suits for the payment of two sums of money passed between the same parties and capable of execution at the same time by such Court then :-, (a) if the two sums are equal, satisfaction shall be entered upon both decrees; and. Mode of making attachment [12.5.1909]. (5) Any application under this rule may be made ex parte but no order discharging next friend and permitting a minor plaintiff to proceed in his name shall be made without notice to the next friend. Claims by or against executor, administrator or heirs 12. Interest on public dues One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all 8. [Omitted] 7. 55. Resistance to Execution Exemption of certain women from personal appearance. Arbitration. (a) for the recovery of immovable property with or without rent or profits ; [No security to be required from the Government or a Public officer in certain cases]. 128. (1) On the day so fixed or as soon thereafter as may be convenient, the Court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his agent, and shall make a memorandum of the substance of their evidence. Questions to be determined by the Court executing decree. (3) On application to the Court or such officer as it appoints in this behalf, the parties may obtain summons for persons whose attendance is required in Court: ORDER XVI – SUMMONING AND ATTENDANCE OF WITNESSES. (2) Judgments of other Courts. (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. Where service may be on male member of defendant’s family. Final decree in suit for sale. (3) No person shall without his consent be appointed guardian for the suit. ’23A. Attachment of salary or allowances of public officer or servant of railway company or local authority. (1) Where the person to whom notice is issued under the last preceding rule does not appear or does not show cause to the satisfaction of the Court why the decree should not be executed, the Court shall order the decree to be executed. It shall be lawful for the Court, at any time during the pendency of any suit, to order the production by any party thereto upon oath of such of the documents in his possession or power, relating to any matter in question in such suit as the Court shall think right; and the Court may deal with such documents, when produced, in such manner as shall appear just. 3. Civil Procedure Code of Pakistan available on google store. 14. Change ), You are commenting using your Facebook account. Determination of Appeal Where on the day fixed, or on any other day to which the hearing may be adjourned, it is found that the notice to the respondent has not been served in consequence of the failure of the appellant to deposit, within, the period fixed, the sum required to defray the cost of serving the notice, the Court may make an order that the appeal be dismissed: The recognized agents of parties by whom such appearances, applications and acts may be made or done are :– 3. The Court may, on the application of any party to a suit order the sale by any person named in such order, and in such manner and on such terms as it thinks fit, of any movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is subject to speedy and natural decay, or which for any other just and sufficient cause it may be desirable to have sold at once. 9. Form of notice. Saving of inherent powers of Court.-Nothing in this Code shall be deemed to limit pr otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. 14. Proclamation of sales by public auction 2. Where and in so far as a decree is for payment of money due to a banking company in repayment of a loan advanced by it, the Court shall, in the decree, provide for interest or return, as the case may be, on the judgment debt from the date of decree till payment-. 4 of 1975. Time of sale Determination of attachment. Appearance of parties on transfer of suit, etc. 4. 7. Procedure. Property attachment before judgment not to be reattached in execution of decree. (3) Rules 20, 23, 24 and 25 of Order VII shall apply, so far as may be to addresses for service filed under this rule. 17. If a notice to admit or produce specified documents which are not necessary, the costs occasioned thereby shall be borne by the party giving such notice. Wherever the contents of any document are material, it shall be sufficient in any leading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material. Where the appellant appears and the respondent does not appear, the appeal shall be heard ex parte. 30. Increase of security fond inadequate. Where a plaint is rejected the Judge shall record an order to that effect with the reasons for such order. (1) Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this Code applies. Register of appeals Any party may, at the trial of a suit, use in evidence any one or more of the answers or any part of an answer of the opposite party to interrogatories without putting in the others or the while of such answer. Collector deemed to be acting judicially. 8-A. 9. Postage.-Postage, where chargeable on a notice, summons or letter issued under this Code and forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed before the communication is made : 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. Rules to be subject to approval.-Rules made under the foregoing provisions shall be subject to the previous approval of the Government of the Province in which the Court whose procedure the rules regulate is situate or, if that Court is not situate in any Province, to the previous approval of the Federal Government.]. (1) The agreement, if framed in accordance with the rules hereinbefore contained, may be filed in the Court which would have jurisdiction to entertain a suit, the amount or value of the subject-matter of which is the same as the amount or value of the subject-matter of the agreement. 26. 11. 17. 16. LXI of 2018), for clause (1), the following clause shall be Substituted namely. Miscellaneous proceedings. 17. Memorandum of evidence in unappealable case. The Code of Civil Procedure, 1908 with commentary by Aamer Raza Ahmad Khan. 1,000, from A and claims to set-off that amount against any sum that A may recover in the suit. 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