10. (a) allegations made on oath by the parties, or by any persons present on their behalf, or made by the pleaders of such parties ; (b) allegations made in the pleadings or in answers to interrogatories delivered in the suit; (c) the contents of documents produced by either party. Definitions of ‘Government’ and ‘Government pleader”, ORDER XXVII A – SUITS INVOLVING ANY SUBSTANTIAL QUESTION AS TO THE INTERPRETATION OF CONSTITUTIONAL LAW, 1. Refund of balance deposit. Cross-decrees and cross-claims in mortgage suits. Where the defendant or his agent or such other person as aforesaid refuses to sign the acknowledgement, or where the serving officer, after using all due and reasonable diligence, cannot find the defendant, and there is no agent empowered to accept service of summons on his behalf, nor any other person on whom service can be made, the serving officer shall affix a copy of the summons on the outer door or some other conspicious part of the house in which the defendant ordinarily resides or carries on business or personally works of gain, and shall then return the original to the Court from which it was issued, with a report endorsed thereon or annexed thereto stating that he has no affixed the copy, the circumstances under which he did so, and the name and address of the person (if any), by whom the house was identified and in whose presence the copy was affixed. (2) Upon receipt of such petition, the Court shall direct notice to be served on the apposite-party to show cause why the said certificate should not be granted: Provided that no notice shall be directed to be served on or given to the opposite-party or to the legal representative of a deceased opposite-party in a case where such opposite-party did not appear either at the hearing, in the Court whose decree is complained of or at any proceedings subsequent to the decree of that Court.]. Partition of estate or separation of share. (b) claims for damages for breach of any contract under which the property or any part thereof is held ; and. Power to set aside decree. Decree for recovery of immovable property Consequence of refusal of party to give evidence when called on by Court. XXVII of 1981] 2. Public nuisance.  (1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the Advocate-General, or two or more persons having an interest in the trust and having obtained the consent in writing of the Advocate-General, may institute a suit, whether contentious or not, in the principal Civil Court of original jurisdiction or in any other Court empowered in that behalf by the Provincial Government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate, to obtain a decree-. Judgment and decree Interest When plaintiff sues as representative. 3. 7. (2) The Court may on good cause shown and upon terms to be fixed by the Court, from time to time, at any time before a final decree is passed, extend the time fixed for the payment of the amount found or declared due under sub-rule. – (1) Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court. Any appearance, application or act in or to any Court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf : Provided that any such appearance shall, if the Court so directs, .be made by the party in person. [Omitted} 77. In this rule public revenues includes the dues of any bank owned by the Federal Government or of any corporation or undertaking owned or controlled by the Federal Government or a Provincial Government. When a witness is summoned by the Court of its own motion, under Order XVI, rule 14, his diet money shall be paid by such party or parties as the Court may, in its discretion, direct.When diet money, etc. 2. Upon the dismissal of such application the attachment shall cease. Where a decree directs an inquiry as to rent or mesne profits or any other matter, the property of the judgment-debtor may, before the amount due from him has been ascertained, be attached, as in the case of an ordinary decree for the payment of money. 7. Rules 20 and 22 of 0. Power to pronounce judgment written by Judge’s predecessor. 3. 2. 126. 30. Application for such orders to be after notice. When they may depart Endorsements on documents rejected as inadmissible in evidence. 2. No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it. 41. Attachment of property in custody of Court or public officer. Seizure of property in dwelling-house 8. Particulars to be given where necessary Appearance of parties on the day next after holiday. (2) No Court shall make any such order for the payment of an amount exceeding [twenty-five thousand] rupees or exceeding the limits of its pecuniary jurisdiction, whichever amount is less. 8. Notice to any party to produce any documents referred to in his pleading or affidavits shall be in Form No. Compensation for obtaining arrest, attachment or injunction on insufficient grounds, PART VIIAPPEALSAppeals from Original Decrees (2) Form of objection and provisions applicable thereto. R. 4. Recognized agents. Exception: (2) Government servant, whose salary does not exceed Rs. {This Act has been amended in its application to-, Assam by the Civil Procedure ( Assam Amendment) Act, 1941 (Assam 2 of 1941); Madras by Madras Act 34 of 1950 and Madras A.O.1954 Punjab by the Punjab Relief of Indebtedness Act, 1934 (Pun.7 of 1934); and U.P.by the Oudh Courts Act, 192D. Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit. BEFORE YOU DOWNLOAD, Where any party to a suit whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has been allowed, the Court may, notwithstanding such default, proceed to decide the suit forthwith. 2. The Code Of Civil Procedure, 1908 (Act No. (3) The Court making an arrest under this section shall send the person arrested to the Court by which the warrant of arrest was issued, unless he shows cause to the satisfaction of the former Court why he should not be sent to the latter Court, or unless he furnishes sufficient security for his appearance before the latter Court or for satisfying any decree that may be passed against him by that Court, in either of which cases the Court making the arrest shall release him. 3. 1,000. Unreasonable or improper suit , Production of shop-book. The pendency of a suit in a foreign Court does not preclude the Courts in Pakistan from trying a suit founded on the same cause of action. [x x x ] In a suit by or against the Government the authority to be named as plaintiff or defendant, as the case may be, shall be-. 10. -(1) The following provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, namely, sections 16, 17 and 20. 8-A. Interest, etc. 6. (3) The initiation of any proceedings in a Court by a diplomatic agent shall preclude him from invoking immunity from jurisdiction under this section in respect of any counter-claim directly connected with the principal claim. 49. Power of Court to order separate trials 18. Learn how your comment data is processed. 12. (2) Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence. Date of decree. 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. 54. To w ha t C our t a pplic a t ion lie s. 24. Unauthorised persons not to address Court. Contents of memorandum 153. 4. (3) The Court shall then either allow or refuse to allow the application to sue as a pauper. Wherever it is practicable, service shall be made on the defendant in person, unless he has an agent empowered to accept service, in which case service on such agent shall be sufficient. 16. Application to set aside sale on ground of irregularity of fraud Order of rejection not appealable : Objections to order granting application 4. F may treat his joint decree as a cross-decree under this rule. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff. – Every suit shall as far as practicable be framed so as to afford ground for final decision upon the subjects in dispute and to prevent further litigation concerning them. Hearing and disposal of case, ORDER XXXVII – SUMMARY PROCEDURE ON NEGOTIABLE INSTRUMENTS (b) because the plaintiff does not appear when the suit is called on for hearing,the Court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the Court-fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper. - "(1) where consideration of a preliminary issue framed under section 9A is pending on the date of commencement of the Code of Civil Procedure (Maharashtra … (1) An address for service filed under Order 7, rule 19, or Order 8, rule 11, or subsequently altered under Order 7, rule 22 or Order 8, rule 12 shall hold good during all appellate proceedings arising out of the original suit or petition. Retirement of next friend. (2) Save as provided by the Religious Endowments Act, 1863 (XX of 1863), no suit claiming any of the reliefs specified in sub-section (1) shall be instituted in respect of any such trust as is therein referred to except in conformity with the provisions of that sub-section. 12. (1) Where it appears to a District Court that a Court subordinate thereto has, by reason of erroneously holding a suit to be cognizable by a Court of Small Causes or not to be so cognizable, failed to exercise a jurisdiction vested in it by law, or exercised a jurisdiction not so vested, the District Court may, and if required by a party shall, submit the record to the High Court with a statement of its reasons for considering the opinion of the subordinate Court with respect to the nature of the suit to be erroneous. 67. 9. Procedure at first hearing Stay of suit. 2. (b) where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person. 8. 2. Decree in pre-emption suit. 3. Fixing day for appearance of defendant (2) Where payment in accordance with sub-rule (1) has not been made, the Court shall, on application made by the plaintiff in this behalf, pass a final decree declaring that the defendant and all persons claiming through or under him are debarred from all right to redeem the mortgaged property and also, if necessary, ordering the defendant to put the plaintiff in possession of the property. B., late a minor, by B.C., his next friend now having attained majority.’. 11. Certified copies of the judgment and decree shall be furnished to the parties on application to the Court, and at their expense. Appearance, etc., may be in person, by recognized agent or by pleader. 45. (3) The rules relating to a written statement by a defendant apply to a written statement in a answer to a claim of set-off. Charge of plaintiff’s costs. 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. Procedure of admitting plaint; Concise statement. (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, (b) by a decree or order from which no appeal is allowed, or. Delivery or transmission of summons for service. (2) In the administration by the Court of the property of any deceased person, if such property proves to be insufficient for the payment in full of his debts and liabilities, the same rules shall be observed as to the respective rights of secured and unsecured creditors and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being, within the local limits of the Court in which the administration suit is pending with respect to the estate of persons adjudged or declared insolvent; and all persons who in any such case would be entitled to be paid out of such property, may come in under the preliminary decree, and make such claims against the same as they may respectively be entitled to by virtue of this Code. 20. In a suit for foreclosure, if the plaintiff succeeds, the. Power of Court to enforce execution. 14. 32. (b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable ground for instituting the same,the defendant may apply to the Court, and the Court may, upon such application, award against the, plaintiff by its order such amount, not exceeding [ten thousand] rupees, as it deems a reasonable compensation to the defendant for the expense or injury caused to him, for this reason, the san diego injury lawyers had to step up into the case : Provided that a Court shall not award, under this section, an amount exceeding the limits of its pecuniary jurisdiction. 12. 13. (2) Where the Court sees reason to believe that such evidence or production is material and that such person has, without lawful excuse, failed to attend or to produce the document in compliance with such summons or has intentionally avoided service, it may issue a proclamation requiring him to attend to give evidence or to produce the document at a time and place to be named therein; and a copy of such proclamation shall be affixed on the outer door or other conspicuous part of the house in which he ordinarily resides. Property attachment before judgment not to be reattached in execution of decree. (3) Where this Code requires or allows anything other than the recording of evidence to be done in writing in any such Court, such writing may be in English; but if any party or pleader is unacquainted with English a translation into the language of the Court shall, at his request, be supplied to him; and the Court shall make such order as it thinks fit in respect of the payment of-the cost of such translation. 85. 3. (1) Notwithstanding the grant of a certificate for the admission of any appeal, the decree appealed from shall be unconditionally executed, unless the Court otherwise directs. Partial exemption of agricultural produce 19. (2) Where the Court has made an order under sub-rule (1), it may order that, in the event of the decree not being obeyed within such period as may be fixed .in this behalf, the judgment-debtor shall make to the decree-holder such periodical payments as may be just, and, if it thinks fit, require that the judgment-debtor shall, to its satisfaction, secure to the decree-holder such periodical payments. 73. (1) Where a memorandum of appeal is admitted, the Appellate Court or the proper officer of that Court shall register the appeal in a book to be kept for the purpose. Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court suo moto or any party may apply for an order to that effect, and the Court may make such order as it thinks just. Return of purchase-money in certain cases ORDER XLV – APPEALS TO THE [SUPREME COURT], 1. 10. (2) Effect of set-off. Order for commission In every suit of interpleader the plaint shall, in addition to other statements necessary for plaints, state-. 5. (3) Omission to sue for one of several reliefs. 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. 5. Substance of examination to be written –(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court. 13. 2. Remission of dispute to Court of first instance 2. (1) Where a decree has been passed against a firm, execution may be granted: –. Arrest other than in execution of decree. (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. COURTS STRUCUTRE IN PAKISTAN The Court structure administration of justice in Pakistan is divided on three levels i.e. 2. The judgment may be for confirming, varying or reversing the decree from which the appeal is preferred, or, if the parties to the appeal shall take, or as to the order to be made in appeal, the Appellate Court may pass a decree or make an order accordingly. Duty of Court to which summons is sent Certain Laws not to be affected. Section 9 of Pakistan’s Code of Civil Procedure 1908 confers jurisdiction on civil courts to adjudicate upon all suits of a civil nature, except such suits the cognizance of which is either expressly or impliedly barred. 3. Every party whether original, added or substituted, who appears in any suit or other proceedings shall on or before the date fixed in the summons or notice served on him, as the date of hearing, file in Court, as a memorandum in writing stating his address for service and if he fails to do 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. 6. (2) No measures of execution shall be taken in respect of a diplomatic agent except in cases which come under clauses (a), (b) and (c) of sub-section (1) and in which such measures can be taken without infringing the inviolability of his person or of his residence. 130. (1) Unless the appellate Court dismisses the appeal under rule 11, it shall fix a day for hearing the appeal. 83. Procedure when defendant refuses to accept service, or cannot be found. Where such deposit has been made, the purchaser shall be entitled to an order for re-payment of the amount of the purchase-money paid into Court by him together with a sum equal to five per cent thereof. (k) an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit; (l) an order under rule 10 of Order XXII giving or refusing to give leave; (m) an order under rule 3 of Order XXIII recording or refusing to record an agreement, compromise or satisfaction; (n) an order under rule 2 of Order XXV rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit; (o) an order under rule 2, rule 4 or rule 7 of Order XXXIV refusing to extend the time for the payment of mortgager-money; (p) an order in interpleader suits under rule 3, rule 4 or rule 6 of Order XXXV; (q) an order under rule 2, rule 3 or rule 6 of Order XXXVIII; (r) an order under rule 1, rule 2, rule 4 or rule 10 of Order XXXIX; (s) an order under rule 1 or rule 4 of Order XL; (t) an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 of Order XLI to re-hear, an appeal; (u) an order under rule 23 of Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court; (v) an order made by any Court other than a High Court refusing the grant of a certificate under rule 6 of Order XLV; an order under rule 4 of Order XLVII granting an application for review. 1. (2) Nothing contained in sub-section (1) shall apply to a review of any judgment pronounced or order made by the Supreme Court]. 91. (b) for the partition of immovable property ; (c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property ; .-. Contents of notice. Where the plaintiff sues in representative character the plaint shall show not only has an actual existing interest in the subject-matter, but that he has taken the steps (if any) necessary to enable him to institute a suit concerning it. 4. Court may examine witnesses or documents before framing issues The serving officer shall, in all cases in which the summons has been served under rule 16, endorse or annex, or cause to be endorsed or annexed, on or to the original summons, a return stating the time when and the manner in which the summons was served, and the name and address of the person (if any) identifying the person served and witnessing the delivery or tender of the summons. (4) The holder of a decree passed against several persons jointly and severally may treat as a cross-decree in relation to a decree passed against him singly in favour of one or more of such persons. Appeal from final decree where no appeal from preliminary decree. The Court sending a decree for execution shall send: (b) a certificate setting forth that satisfaction of the decree has not been obtained by execution within the jurisdiction of the Court by which it was passed, or where the decree has been executed in part the extent to which satisfaction has been obtained and what part of the decree remains unsatisfied; and. (5) The provisions relating to pauper appeals shall, so far as they can be made applicable, apply to an objection under this rule. 7. Service on corporation (1) Where the application for a review is heard by more than one Judge and the Court is equally divided, the application shall be rejected. 2. Stay of Proceedings and of Execution 9. Malice, knowledge, etc. ], 112. 5. Retirement of next-friend Upon hearing, respondent may object to decree as if he had preferred separate appeal. (d) give to either party one more authenticated copies of any of the papers in the suit on his applying therefor and paying the reasonable expenses incurred in preparing them. Joinder of parties liable on same contract. 12. 4. 13. -(1) No person shall be liable to arrest or detention in prison under civil process-. Dismissal of appeal for appellant’s default, Hearing appeal ex parte (c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit. 31. Power of Court to inspect. Address for service. (1) The Provincial Government may by notification in the official Gazette, make rules for any local area imposing conditions in respect of the sale of any class of interest in. Powers of Court in executing transferred decree Where the agreement, has been filed, the parties to it shall be subject to the jurisdiction of the Court and shall be bound by the statements contained therein. Suits against diplomatic agents It codifies principles of natural justice and for this reason is also referred to by judicial forums other than civil courts. (1) Where, before a final decree debarring the defendant from all right to redeem the mortgaged property has been passed, the defendant makes payment into Court of all amounts due from him under sub-rule (1) of rule 2, the Court shall, on application made by the defendant in this behalf, pass a final decree-. 4. List of legal representatives of plaintiff. 14. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest (2) The plaintiff shall, unless the Court otherwise directs, specify the property required to be attached and the estimated value thereof. Mode of making attachment. 20. Procedure when party not found at the place of address. 7. Power of High Court to determine issues of fact 26. To sub-rule (1), of rule 9 add the following proviso: ‘Provided that the plaintiff shall not be precluded from bringing another suit for redemption of mortgage, although a former suit may have been dismissed for default.’ . Where witness resides within Court’s jurisdiction 73. Notice to admit facts In sub-rule (1) of rule 9 for the words ‘and if the plaint is admitted… present such statements’ substitute the following: – ‘and shall present alongwith the plaint as many copies of it on plain paper as there are defendants; on application made the Court may by reason of the length of the plaint or the number of the defendants or for any other sufficient reason accept instead a like number of concise statement of the nature of the claim made, or of the relief claimed in the suit, presented alongwith the plaint. 2. (ii) To rule 1(1) before the words ‘the Court’ add the words ‘subject to the provisions of Order XXIII, rule 3.’ [21.7.1937]. Decree for delivery of movable property Contents of notice 5. Procedure where person to be arrested or property to be attached is outside district.-(1) Where an application is made that any person shall be arrested or that any property shall be attached under any provision of this Code not relating to the execution of decrees, and such person resides or such property is situate outside the local limits of the jurisdiction of the Court to which the application is made, the Court may, in its discretion, issue a warrant of arrest or make an order of attachment, and send to the District Court within the local limits of whose jurisdiction such person or property resides or is situate, a copy of the warrant or order, together with the probable amount of the costs of the arrest or attachment. (c) A obtains a decree against B of Rs. (2) Determination of appeal. ( Log Out /  (2) Where any such suit is instituted without delivering or leaving such notice as aforesaid or before the expiration of the said period of two months or where the plaint does not contain a statement that such notice has been so delivered or left, the plaintiff shall not be entitled to any costs if settlement as regards the subject-matter of the suit is reached or the Government or the public officer concedes the plaintiff’s claim, within the period of two months from the date of the institution of the suit : Provided that in a suit instituted without such notice, the Court shall allow not less than three months to the Government to submit its written statement]. 13. (ii) in the case of a suit against the [Federal Government] relating to the affairs of a Railway, the General Manager of the Railway concerned, and in the case of a public officer, delivered to him or left at his office stating the cause of action, the name, description of place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left. [Omitted] [Omitted by the Arbitration Act, 1940 (X of 1940), S. 49 and Third Schedule.]. No witness to be ordered to attend in person unless resident within certain limits. (4) Any money ordered to be paid under this rule may be recovered as though it were payable under a decree of the payment of money. Application for discovery of documents 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.’. On the hearing of such application the Court may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the suit, or make such order, either generally or limited to certain classes of documents, as may, in its discretion, be thought fit: Provided that discovery shall not be ordered when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs. 2. 47. 11. 139. Civil Procedure 1908 Mcqs for Preparation of Fpsc, Nts, Kppsc, Ppsc, and other test. [9.6.1942]. Notice to admit documents. Service on soldiers, sailors or airmen In sub-rule (2) of rule 11 : For the words ‘and with the consent of the decree-holder’ substitute die words ‘and after notice to the decree-holder.”, ORDER XXI – EXECUTION OF DECREES AND ORDERS, 1. (2) On receipt of notice referred to in sub-rule (1), the respondent may, with the permission of the Court, appear before it and contest the appeal and may be awarded costs on dismissal of the appeal in limine. (2) Where the guardian for the suit retires, dies or is removed by the Court during the-pendency of the suit, the Court shall appoint a new guardian in his place. 13. 76. (3) A document which ought to be entered in the list referred to in sub-clause (2) but which has not been so entered, shall not, without the leave of the Court, be received in evidence on the defendant’s behalf at the hearing of the suit. Form of affidavit in answer. The Court shall not make such order for inspection of such’ documents when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs. 4. 158. 8. Commission to examine or adjust accounts Where a contract is alleged in any pleading, a bare denial of the same by the opposite-party shall be construed only as a denial in fact of the express contract alleged or of the matters of fact from which thee same may be implied, and not as a denial of the legality or sufficiency in law of such contract. 24. (3) The provisions of this rule shall apply whether set-off is admissible under rule 6 of Order VIII or otherwise. (b) from orders made under this Code or under any special or local law in which a different procedure is not provided. Power to require personal attendance of officer of corporation, 2. Attachment where cause not shown or security not furnished. 14. Application for execution by joint decree-holder. 5. (5) No pleader who has been engaged for the purpose of pleading only shall plead on behalf of any party, unless he has filed in Court a memorandum of appearance-signed by himself and stating :–. 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. (2) On the application of either party and the payment through the Court of all necessary expenses (if any), the Court may require any person so summoned and attending to furnish security to attend at the next or any other hearing or until the suit is disposed of and, in default of his furnishing such security, may order him to be detained in the civil prison. Where, on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the Court may proceed to dispose of the suit in one of the modes directed in that behalf by Order or make such other order as it thinks fit. 143. 1,000. Enforcement of decree against legal representative 2. (3) The provisions of section 5 of the Limitation Act, 1908 (IX of 1908), shall apply to applications under sub-rule (1). 8. Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them, 2. Same as R. 21 in Lahore. Powers of Commissioners 5. 4. Where any property the sale of which is directed under this Order is subject to a prior mortgage, the Court may, with the consent of the prior mortgagee, direct that the property be sold free from the same, giving to such prior mortgagee, .the same interest in the proceeds of the sale as he had in the property sold. 16. 2. 9. Order to answer or answers further. reforms in the Civil Procedure Code of 1908 ( Act V of 1908). Application of rules 10 to 13. 12. 5. 11. 17. 96. 146. Consequences of failure to file address 9. (2) Where the Court has adjudicated upon rival claims to pre-emption, the decree shall direct, –, (a) if and in so far as the claims decreed are equal in decree, that the claim of each pre-emptor complying with the provisions of sub-rule (1) shall take effect in respect of a proportionate share of the property including any proportionate share in respect of which the claim of any pre-emptor failing to comply with the said provisions would, but for such default, have taken effect; and. (i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of Court-fees so far as the case admits. Such notice shall be in Form No. (2) Where such Courts are subordinate to different Appellate Courts but to the same High Court, the application shall be made to the said High Court. Subject to such conditions and limitations as may be prescribed, the Court may issue a commission-. 5. (3) Such application shall be supported by an affidavit verifying the fact that the proposed guardian has no interest in the matters in controversy in the suit adverse that of the minor and that he is a fit person to be so appointed. (b) remove any person from the possession or custody of the property, (c) commit the same to the possession, custody or management of the receiver, and. 6. Powers of Court pending appeal An affidavit of the pleader, or his clerk, of the service of notice to produce, and of the time when it was served, with a copy of the notice to produce, shall in all cases be sufficient evidence of the service of the notice, and of the time when it was served. (3) Unless the respondent files with the objection at written acknowledgment from the party who may be affected by such objection or his pleader of having received a copy thereof, the Appellate Court shall cause a copy to be served, as soon as may be after the filing of the objection, on such party or his pleader at the expense of the respondent. 8. Execution of decree or order by Court to which it is sent. 26. Suit by or against the Government 102. 4. Court may grant time and adjourn hearing. 9. 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. (1) No person executing any process under this Code directing or authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise. Procedure of Commissioner Power to order bill, etc., to be deposited with officer of Court. Procedure on application by surety to be discharged 7. 11. Appeal from original decree. 1,200. All matters arising between the Provincial Government and any party to the suit under rule 10 rule 11, HA or rule 12 shall be deemed, to be questions arising between the parties to the suit within the meaning of section 47. Notice of day for receiving evidence of applicant’s pauperism Where English is not the language of the Court, but all the parties to the suit who appear in person, and the pleaders of such as appear by pleaders do not object to have such evidence as is given in English taken down in English, the Judge may so taken it down. Order for inspection Suits against Rulers. 9, Form No. Non-compliance with order for discovery. 7. 8 in Appendix C, with such variations as circumstances may require. 3. Evidence under section 138 Commissions to Examine Witnesses Discretion of Court in executing decrees for restitution of conjugal rights. Section 12(2) of Civil Procedure Code (CPC) ... (2008 SCMR 236) Supreme court of Pakistan. Civil Litigation Laws, under Civil Procedure Code 1908 (CPC) , The Punjab Civil Courts Ordinance, 1962. (3) This rule shall not be deemed to apply unless :–, (a) the decree-holder in one of the suits in which the decrees have been made is the judgment-debtor in the other and each party fills the same character in both suits ; and. Agreement to be filed and registered as suit 16. 14. 129. 104. (4) Where, in any case in which any respondent has under this rule filed a memorandum of objection, the original appeal is withdrawn or is dismissed for default, the objection so filed may nevertheless be heard and determined after such notice to the other parties as the Court thinks fit. The Appellate Court shall have power to pass any decree and make any order which ought to have been passed or made and to pass or make such further or other decree or order, as the case may require, and this power may be exercised by the Court notwithstanding that the appeal is as to part only of the decree and may be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have filed any appeal or objection: –. 102. (ii) that, if payment of the amount found or declared due under or by the preliminary decree is not made on or before the date so fixed, or the defendant fails to pay, within such time as the Court may fix, the amount adjudged due in respect of subsequent costs, charges, expenses and interest, the plaintiff shall be entitled to ;apply for a final decree’ debarring the defendant from all right to redeem the property. [Omitted} 50. Exercise of powers in appeal from order made in execution of decree. 3. Procedure. 20. 10. 3. Certificate as to value of fitness. B may sue A either in Quetta or in Karachi. (2) Where it is owing to the plaintiff’s default that the summons was not duly served or was not served in sufficient time, the Court shall order the plaintiff to pay the costs occasioned by the postponement. 30. (1) Where the Court sees reason to require the personal appearance of the defendant, the summons shall order him to appear in person in Court on the day therein specified. 22. Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his suit dismissed or his petitioner rejected by the Court suo moto or any party may apply for an order to that effect, and the Court may make such order as it thinks just. 81. Power to pronounce judgment written by Judge’s predecessor (5) There shall be a Secretary to each such Committee, who shall be appointed by the Chief Justice [x x x] and shall receive such remuneration as may be provided in this behalf by the Provincial Government. In this Act, unless there is anything repugnant in the subject or context,- (1) Where the Court is satisfied that holder of a decree for the possession of property of a purchaser of property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or any other person on his behalf and that such resistance or obstruction was without any just cause, the Court may, at the instance of the decree-holder or the purchaser, order the judgment-debtor or such other person to undergo simple imprisonment for a term which may extend to thirty days and may further direct that the decree-holder or the purchaser be put into possession of the property. 12. (2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and then upon a conspicuous part of the Court-house, and also, where the property is land paying revenue to the Government, in the office of the Collector of the district in which the land is situate. Service of summons where defendant resides in another Province Stay of suit The plaint shall contain the following particulars :-. Provided that no person shall be detained in prison under this rule in any case for a longer period than six months nor for a longer period than six weeks when the amount or value of the subject-matter of the suit does not exceed fifty rupees: Provided also that no person shall be detained in prison under this rule after he has complied with such order. [7A. 95. 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. Procedure on receiving application for execution of decree. Investigation of claim to property attached before judgment. Investigation of Claims and Objections, 58. (b) without such limits but at a place less than fifty or (where there is railway or steamer communication or other established public conveyance for five-sixth of the distance between the place where he resides and the place where the Court is situate) less than two hundred miles distance from the Court-house. 6. Duties 7. When summons duly served, When summons served but not in due time Service to be on defendant in person when practicable, or on his agent Service of summons where defendant resides within jurisdiction of another Court. 3. 7. 2. 150. (1) A commission for the examination of any person may be issued to any Court (not being a High Court) situate in Province in which the Court of issue is situate and having jurisdiction in the place in which the person to be examined resides. (1) Save in so far as is otherwise provided by the Bankers’ Books Evidence Act, 1891, where a document admitted in evidence in the suit is an entry in a letter-book or a shop book or other account in current use, the party on whose behalf the book or account is produced may furnish a copy of the entry. 2. Part to apply only to certain High Courts. (c) that the decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to account. 1,000. Recovery of amount of Court-fees. At the first hearing of the suit the Court shall ascertain from each party or his pleader whether he admits or denies such allegations of fact as are made in the plaint or written statement (if any) of the opposite-party, and as are not expressly or by necessary implication admitted or denied by the party against whom thy are made. Suit for sale necessary for bringing mortgaged property to sale Court may pass decree contingent upon decision of High Court 11. (i) orders for the attachment of immovable property, (iii) the appointment of a receiver of immovable property, or. Judge unable to make such memorandum to record reasons of his inability 20. Remuneration. A shall not afterwards sue B for the rent due for 1905 or 1905. 130. Substitute the following for Rule 8: Where the evidence is not taken down in writing by the Judge, he shall be bound, as the examination of each witness proceeds, to make a memorandum of the substance of what each witness deposes, in his own hand or from his dictation in open Court and such memorandum shall be signed by the Judge and shall form part of the record. Notice Constitution of Rule Committees in certain Provinces Extension of time to enable public officer to make reference to Government What judgment may direct (1) Processes served on the recognized agent of a party shall be as effectual as if the same had been served on the party in person, unless the Court otherwise directs. 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