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Civil Procedure Codes, 1908

CONTENTS

PRELIMINARY

1. Short title, commencement and extent

2. Definitions

3. Subordination of Courts

4. Savings

5. Application of the code to Revenue Courts

6. Pecuniary jurisdiction

7. Provincial Small Cause Courts

8. [Omitted]

PART I SUITS IN GENERAL
9. Courts to try all civil suits unless barred
10. Stay of suit
11. Res Judicata
12. Bar to further suit
13. When foreign judgment not conclusive
14. Presumption as to foreign judgments

Place of suing
15. Court in which suits to be instituted
16. Suits to be instituted where subject-matter situate
17. Suits for immovable property situate within jurisdiction of difference Courts
18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain
19. Suits for compensation for wrongs to person or movables
20. Other suits to be instituted where defendants reside or cause of action arises
21. Objections to jurisdiction
22. Power to transfer suits which may be instituted in more than one Court
23. To what Court application lies
24. General power of transfer and withdrawal
24-A. Appearance of parties on transfer of suit, etc.
25. [Omitted}
Institution of suits
26. Institution of suits
Summons and Discovery
27. Summons to defendants
28. Service of summons where defendant resides in another Province
29. Service of foreign summonses
30. Power to order discovery and the like
31. Summons to witness
32. Penalty for default Judgment and Decree

33. Judgment and decree Interest
34. Interest
34-A. Interest on public dues
34-B. Interest, etc. on dues of Banking Company
Costs
35. Costs
35-A. Compensatory costs in respect of false or vexatious claims or defences

PART IIEXECUTION General Code of Civil Procedure
36. Application to orders
37. Definition of Court which passed a decree
Courts by which decrees may be executed
38. Courts by which decree may be executed
39. Transfer of decree
40. Transfer of decree to Court in another Province
41. Result of execution proceedings to be certified
42. Powers of Court in executing transferred decree
43. Execution of decrees passed by British Courts in places to which this Part does not extend or in foreign territory
44. Execution of decrees passed by Courts of Acceding States. [Omitted by Ord. XXVII of 1981]
44-A. Execution of decrees passed by Courts in the United Kingdom and other reciprocating territory
45. Execution of decrees in foreign territory. [Omitted by Ord. XXVII of 1981]
46. Precepts
Questions to be determined by Court executing decree
47. Questions to be determined by the Court executing decree
Limit of time for execution
48. Execution barred in certain cases
Transferees and legal representatives
49. Transferee
50. Legal representative
Procedure in execution
51. Power of Court to enforce execution
52. Enforcement of decree against legal representative
53. Liability of ancestral property
54. Partition of estate or separation of shares
Arrest and detention
55. Arrest and detention
56. Prohibition of arrest or detention of women in execution of decree for money
57. Subsistence allowance. [Omitted by Ord. X of 1980]
58. Release from detention
59. [Omitted}
Attachment
60. Property liable to attachment and sale in execution of decree
61. Partial exemption of agricultural produce
62. Seizure of property in dwelling-house
63. Property attached in execution of decrees of several Courts
64. Private alienation of property after attachment to be void
Sale
65. Purchaser's title
66. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
67. Power of Provincial Government to make rules as to sales of land in execution of decrees for payment of money
Delegation to Collector of power to execute decrees against immovable property
68. Power to prescribe rules for transferring to Collector execution of certain decrees
69. Provisions of Third Schedule to apply
70. Rules of Procedure; Jurisdiction of Civil Courts barred.
71. Collector deemed to be acting judicially
72. Where Court may authorise Collector to stay public sale of land
Distribution of assets
73. Proceeds of execution sale to be rateably distributed among decree-holders
Resistance to Execution
74. Resistance to execution

PART III - INCIDENTAL PROCEEDINGS Commissions - Code of Civil Procedure
75. Power of Court to issue Commissions
76. Commission to another Court
77. Letter of request
78. Commissions issued by foreign Courts

PART IV
79. Suit by or against the Government
80. Notice.
81. Exemption from arrest and personal appearance
82. Execution of decree
Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys
83. When aliens may sue
84. When foreign States may sue
85. Persons specially appointed by Government to prosecute or defend forRulers of Foreign States
86. Suits against Rulers. [Omitted by Ord. 1981)
86-A. Suits against diplomatic agents
87. Style of Rulers as parties to suits [Omitted by Ord. 1981]
Suits against Rulers of Acceding and Merged States
87-A. [Omitted]
Interpleader
88. Where interpleader suits may be instituted

PART VSPECIAL PROCEEDINGS Arbitration
Special Case
90. Power to state case for opinion of Court
Suits relating to public matters
91. Public nuisances
92. Public charities
93. Exercise of powers of Advocate-General

PART VISUPPLEMENTAL PROCEEDINGS
95. Compensation for obtaining arrest, attachment or injunction on insufficient grounds

PART VIIAPPEALSAppeals from Original Decrees
97. Appeal from final decree where no appeal from preliminary decree
98. Decision where appeal heard by two or more Judges
99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
Appeals from Appellate Decrees
100. Second appeal
101. Second appeal on no other grounds
102. No second appeal in certain suits
103. Power of High Court to determine issues of fact
Appeals from Orders
104. Orders from which appeal lies
105. Other orders
106. What Courts to hear appeals
General Provisions relating to Appeals
107. Powers of Appellate Court
108. Procedure in appeals from appellate decrees and orders
Appeals to the Supreme Court
109. When appeals lie to Supreme Court
110. [Omitted by P.O. 4 of 1975}
111. Bar of certain appeals
111-A. [Repealed}
112. Savings

PART VIIIREFERENCE, REVIEW AND REVISION
114. Review
115. Revision

PART XRULES
122. Power of certain High Courts to make rules
123. Constitution of Rule Committees in certain Provinces
124. Committee to report to High Court
125. [Omitted}
126. Rules to be subject to approval
127. Publication of rules
128. Matters for which rules may provide
129. Power of High Courts to make rules as to their original civil procedure
130. [Omitted]
131. Publication of rules

PART XIMISCELLANEOUS
133. Exemption of other persons
134. Arrest other than in execution of decree
135. Exemption from arrest under civil process
135-A. Exemption of members of legislative bodies from arrest and detention under civil process
136. Procedure where person to be arrested or property to be attached is outside district
137. Language of subordinate Courts
138. Power of High Court to require evidence to be recorded in English
139. Oath on affidavit by whom to be administered
140. Assessors in causes of salvage, etc.
141. Miscellaneous proceedings
142. Orders and notices to be in writing
143. Postage
144. Application for restitution
145. Enforcement of liability of surety
146. Proceedings by or against representatives
147. Consent or agreement by persons under disability
148. Enlargement of time
149. Power to make up deficiency of Court-fees
150. Transfer of business
151. Saving of inherent powers of Court
152. Amendment of judgments, decrees or orders
153. General power to amend
154. Saving of present right of appeal [Omitted by Ord. 1981]
155. Amendment of certain Acts [Omitted ibid]
156. [Omitted]
157. Continuance of orders under repealed enactments
158. Reference to Code of Civil Procedure and other repealed enactments

ORDER I – PARTIES TO SUITS Rules

1. Who may be joined as plaintiffs
2. Power of Court to order separate trials
3. Who may be joined as defendants
4. Court may give judgment for or against one or more of joint parties
5. Defendant need not be interested in all the reliefs claimed
6. Joinder of parties liable on same contract
7. When plaintiff in doubt from whom redress is to be sought
8. One person may sue or defend on behalf of all in same interest
9. Misjoinder and non-joinder
10. Suit in name of wrong plaintiff. Court may strike out or add parties. Where defendant added, plaint to be amended
11. Conduct of suit
12. Appearance of one of several plaintiffs or defendants for others
13. Objections as to non-joinder or misjoinder

ORDER II  FRAME OF SUIT

1. Frame of suit
2. Suit to include the whole claim, Relinquishment of part of claim, Omission to sue for one of several reliefs
3. Joinder of causes of action
4. Only certain claims to be joinder for recovery of immovable property
5. Claims by or against executor, administrator or heirs
6. Power of Court to order separate trials
7. Objection as to misjoinder

ORDER III  RECOGNIZED AGENTS AND PLEADERS

1. Appearance, etc. may be in person, by recognized agent or by pleader
2. Recognized agent
3. Service of process on recognized agent
4. ppointment of pleader
5. Service of process on pleader
6. Agent to accept service. Appointment to be in writing and to be filed in Court

ORDER IV  INSTITUTION OF SUITS

1. Suit to be commenced by plaint
2. Register of suits

ORDER V – ISSUE AND SERVICE OF SUMMONS

Issue of Summons
1. Summons
2. Copy of statement annexed to summons
3. Court may order defendant or plaintiff to appear in person
4. No party to be ordered to appear in person unless resident within certain limits
5. Summons to be either to settle issues or for final disposal
6. Fixing day for appearance of defendant
7. Summons to order defendant to produce documents relied on by him
8. On issue of summons for final disposal, defendant to be directed to produce his witnesses
Service of Summons
9. Delivery of transmission of summons for Service
10. Mode of service 10-A. Service by post
11. Service on several defendants
12. Service to be on defendant in person when practicable, or on his agent
13. Service on agent by whom defendant carries on business
14. Service on agent in charge in suits for immovable property…
15. Where service may be on male member of defendant’s family…
16. Persons served to sign acknowledgment…
17. Procedure when defendant refuses to accept service, or cannot be found
18. Endorsement of time and manner of service
19. Examination of serving officer
20. Substituted service. Effect of substituted services, Where service substituted, time for appearance to be fixed
21. Service of summons where defendant resides within jurisdiction of another Court
22. [Omitted]
23. Duty of Court to which summons is sent
24. Service on defendant in prison
25. Service where defendant resides out of Pakistan, etc., and has no agent
26. Service in foreign territory through Political Agent or Court …
26-A.Service on civil public officer or on servant of Railway company or local authority, in India
27. Service on civil public officer or on servant of Railway company or local authority
28. Service on soldiers, sailors or airmen
29. Duty of person to whom summons is delivered or sent for service
30. Substitution of letter for summons

ORDER VI – PLEADINGS GENERALLY

1. Pleading
2. Pleading to state material facts and not evidence
3. Forms of pleading
4. Particulars to be given where necessary
5. Further and better statement, or particulars
6. Condition precedent
7. Departure
8. Denial of contract
9. Effect of document to be stated
10. Malice, knowledge, etc.
11. Notice
12. Implied contract, or relation
13. Presumptions of law
14. Pleading to be signed
15. Verification of pleadings
16. Striking out pleadings
17. Amendment of pleadings
18. Failure to amend after order

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