Code of Civil Procedure, 1908 Pakistan pdf
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Contents
PART I. PRELIMINARY
1 SHORT TITLE, COMMENCEMENT AND EXTENT
2 DEFINITIONS
3 SUBORDINATION OF COURTS
4 SAVINGS
5 APPLICATION OF THE CODE TO THE REVENUE COURTS
6 PECUNIARY JURISDICTION
7 PROVINCIAL SMALL CAUSE COURTS
8 PRESIDENCY SMALL CAUSE COURTS
PART I. SUITS IN GENERAL JURISDICTION OF THE COURTS AND RES
JUDICATA
9 COURTS TO TRY ALL CIVIL SUITS UNLESS BARRED
10 STAY OF SUIT
11 RES JUDICATA
12 BAN TO FURTHER SUITS
13 WHEN FOREIGN JUDGMENT NOT CONCLUSIVE
14 PRESUMPTI ON AS TO FOREIGN JUDGMENT
15 COURT IN WHICH SUITS TO BE INSTITUTED
16 SUITS TO BE INSTITUTED WHERE SUBJECTMATTER SITUATE
17 SUITS FOR IMMOVEABLE PROPERTY SITUATE WITHINJURISIDICTION OF DIFFERNET COURTS
18 PLACE OF INSTITUTION OF SUIT WHERE LOCAL LIMITS OFJURISDICTION OF COURTS ARE UNCERTAIN
19 SUITS FOR COMPENSATION FOR WRONGS TO PERSON ORMOVEABLES
20 OTHER SUITS TO BE INSTITUTED WHERE DEFENDANTS RESIDE ORCAUSE OF ACTION ARISES
21 OBJECTIONS TO JURISDICTION
22 POWER TO TRANSFER SUITS WHICH MAY BE INSTITUED IN MORETHAN ONE COURT
23 TO WHAT COURT APPLICATION LIES
24 GENERAL POWER OF TRANSFER AND WITH DRAWL
24 A APPREANCE OF PARTIES ON TRANSFER OF SUITS
25 POWER OF PROVINCIAL GOVERNMENT TO TRANSFER SUITS
26 INSTITUTION OF SUITS
27 SUMMONS TO DEFENDANTS
28 SERVICE OF SUMMONS WHERE DEFENDANT RESIDES IN ANOTHERPROVINCE
29 SERVICE OF FOREIGN SUMMONSES
30 POWER TO ORDER DISCOVERY AND THE LIKE
31 SUMMONS TO WITNESS
32 PENALITY FOR DEFAULT
33 JUDGMENT AND DECREE
34 INTEREST_
34 A INTEREST ON PUBLIC DUES
34 B INTEREST, ETC ON DUES OF BANKING COMPANY
35 COSTS
35 A COMPENSATORY COSTS IN RESPECT OF FALSE OR VEXATIOUSCLAIMS OR EDEFENCES
PART II. EXECUTION GENERAL
36 APPLICATIONS TO ORDERS
37 DEFINITION OF COURT WHICH PASSED A DECREE
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 TRANSFERD DECREE
43 EXECUTION OF DECREES PASSED BY BRITISH COURTS IN PLACES TOWHIH THIS PART DOES NOT EXTEND OR IN FOREIGN TERRITORY
44 EXECUTION OF DECREES PASSED BY COURTS OF ACCEDING STATES
44 A EXECUTION OF DECREES PASSED BY COURTS IN THE UNITEDKINGDOM AND OTHER RECIPROCATING TERRITORY
45 EXECUTION OF DECREES IN FOREIGN TERRITORY
46 PRECEPTS_
47 QUESTIONS TO BE DETERMINED BY THE COURT EXECUTINGDECREE_
48 EXECUTION BARRED IN CERTAIN CASES
49 TRANSFEREE
50 LEGAL REPRESENTATIVE
51 POWERS OF COURT TO ENFORCE EXECUTION
52 ENFORCEMENT OF DECREE AGAINST LEGAL REPRESENTATIVE
53 LIABILITY OF ANCESTRAL PROPERTY
54 PARTITION OF ESTATE OF SEPERATION OF SHARE
55 ARREST AND DETENTION
56 PROHIBITION OF ARREST OR DETENTION OF WOMEN IN EXECUTIONOF DECREE FOR MONEY
57 SUBSISTENCE ALLOWANCE
58 RELEASE FORM DETENTION
59 RELEASE ON GROUND OF ILLNESS
60 PROPERTY TO LIABLE TO ATTACHMENT AND SALE IN EXECUTIONOF DECREE
61 PARTIAL EXEMTPION OF AGRICULTURAL PRODUCE
62 SEIZURE OF PROPERTY IN DWELLING HOUSE
63 PROPERTY ATTACHED IN EXECUTION OF DECREES OF SEVERALCOURTS
64 PRIVATE ALIENATION OF PROPERTY AFTER ATTACHEMENT TO BEVOID
65 PURCHASER`S TITLE
66 SUIT AGAINST PURCHASER NOT MAINTABLE ON GROUND OFPURCHASE BEING ON BEHALF OF PLAINTIFF
67 POWER FOR PROVINCIAL GOVERNMENT TO MAKE RULES AS TO SALES OF LAND IN EXECUTION OF DECREES FOR PAYMENT OF MONEY:
68 POWER TO PRESCRIBE RULES FOR TRANSFERRING TO COLLECTOREXECUTION OF CERTAIN DECREES
69 PROVISIONS OF THIRD SCHEDULE TO APPLY
70 RULES OF PROCEDURE_
71 COLLECTOR DEEMED TO BE ACTING JUDICIALLY
72 WHERE THE COURT MAY AUTHROISE COLLECTOR TO STAY PUBLICSALE OF LAND
73 PROCEEDS OF EXECUTION SALE TO BE RATEABLY DISTRIBUTEDAMONG DECREE HOLDERS:
74 RESISTANCE TO EXECUTION
PART III. INCIDENTAL PROCEEDINGS
75 POWER OF COURTS TO ISSUE COMMISSIONS
76 COMMISSION TO ANOTHER COURT
77 LETTER OF REQUEST
78 COMMISSIONS ISSUED BY FOREIGN COURTS
PART IV. SUITS IN PARTICULAR CASES
79 SUIT BY OR AGAINST THE GOVERNMENT
80 NOTICE
81 EXEMPTION FROM ARREST AND PERSONAL APPEARANCE
82 EXECUTION OF DECREE
83 WHEN ALIENS MAY SUE
84 WHEN FOREIGN STATES MAY SUE
85 PERSONS SPECIALLY APPOINTED BY GOVERNMENT TO PROSECUTEOR DEFEND FOR RULER OF FOREIGN STATE
86 SUITS AGAINST RULERS
86 A SUITS AGIANST DIPLOAMTIC AGENTS
87 STYLE OF RULERS AS PARTIES TO SUITS
87 A APPLICATION OF SECTIONS 85 AND 86 TO RULERS OF ACCEDINGSTATES
88 WHERE INTER PLEADER SUIT MAY BE INSTITUTED
PART V. SPECIAL PROCEEDINGS
89 ARBITRATION
89 A ALTERANTE DISPUTE RESOLUTION
90 POWER TO STATE FOR OPINION OF COURT
91 PUBLIC NUISANCES
92 PUBLIC CHARITIES
93 EXERCISE OF POWERS OF ADVOCATE GENERAL
PART VI. SUPPLEMENTAL PROCEEDINGS
94 SUPPLEMENTAL PROCEEDINGS
95 COMPENSATION FOR OBTAINING ARREST ATTACHAMENT ORINJUNCATION ON IN SUFFICIENT GROUNDS
PART VII. APPEALS
96 APPEAL FROM ORIGINAL DECREE
97 APPEAL FROM FINAL DECREE WHERE NO APPEAL FROMPERLMINARY DECREE
98 DECISIONS WHERE APPEAL HEARD BY TWO OR MORE JUDGES
99 NO DECREE TO BE REVERSED OR MODIFIED FOR ERROR ORIRREGULARITY NOT AFFECTING MERITS OR JURISDICTION
100 SECOND APPEAL_
101 SECOND APPEAL OR NO OTHER GROUNDS
102 NO SECOND APPEAL IN CERTAN CASES
103 POWER OF HIGH COURT TO DETERMINE ISSUES OF FACT
104 ORDERS FROM WHICH APPEAL LIES
105 OTHER ORDER_
106 WHAT COURTS TO HEAR APPEALS
107 POWERS OF APPELAITE COURT
108 PROCEDURE IN APPEALS FROM APPELLATE DECREES AND OTHERS
109 WHEN APPEALS LIE TO THE COURT
110 VALUE OF SUBJECTMATTER
111 BAR OF CERTAIN APPEALS
111 A APPEALS TO FEDERAL COURT
112 SAVINGS
PART VIII. REFERENCE REVIEW AND REVISION
113 REFERENCE TO HIGH COURT
114 REVIEW_
115 REVISION
PART IX. SPECIAL PROVISIONS RELATING TO (FOOTNOTE>> THE WORDS THE CHARTERED HAVE BEEN OMITTED BY THE CENTRAL LAWS (STATUTE REFORM) ORDINANCE, 1960 (21 OF 1960), S3 AND 2ND SCH
(WITH EFFECT FROM THE 14T
116 PART TO APPLY ONLY TO CERTAIN HIGH COURTS
117 APPLICATION OF CODE TO HIGH COURTS
118 EXECUTION OF DECREE BEFORE ASCERTAINMENT OF COSTS
119 UNATHORISED PERSON NOT TO ADDRESS COURTS
120 PROVISIONS NOT APPLICABLE TO HIGH COURT IN ORIGINAL CIVILJURISDICTION
PART X. RULES
121 EFFECT OF RULES IN FIRST SCHEDULE
122 POWER OF CERTAIN HIGH COURTS TO MAKE RULES
123 CONSTITUTION OF RULES COMMITTEES IN CERTAIN PROVINCES:
124 COMMITTEE TO REPORT HIGH COURT
125 POWER OF OTHER HIGH COURT TO MAKE RULES
126 RULES TO BE SUBJECT TO APPROVAL
127 PUBLICATION OF RULES
128 MATTERS FOR WHICH RULES MAY PROVIDE
129 POWER OF THE HIGH COURTS TO MAKE RULES AS TO THEIRORIGINAL CIVIL PROCEDURE
130 POWER OF OTHER HIGH COURTS TO MAKE RULES AS TO MATTERSOTHER THAN PROCEDURE
131 PUBLICATION OF RULES
PART XI. MISCELLANEOUS
132 EXEMPTION OF CERTAIN WOMEN FROM PERSONAL APPEARANCES
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 LEGISTALATIVE BODIES FROM ARRESTAND DETENTION UNDER CIVIL PROCESS
136 PROCEDURE WHERE PERSON TO BE ARRESTED OR PROPERTY TO BEATTACHED IS OUTSIDE DISTRICT_
137 LANGUAGE OF SUBORDINATE COURTS_
138 POWER OF HIGH COURT TO REQUIRE EVIDENCE TO BE RECORDED INENGLISH_
139 OATH ON AFFIDAVIT BY WHOM TO BE ADMINISTERED:
140 ASSESSORS IN CAUSES OF SAVAGES
141 MISCELLANEOUS PROCEEDINGS
142 ORDERS AND NOTICES TO BE IN WRITING
143 POSTAGE
144 APPLICATION FOR THE RESTITUTION
145 ENFORCEMENT OF LAIBLITY OF SURETY
146 PROCEEDINGS BY OR AGAINST REPRESENTATIVES
147 CONSENT OR AGEEMENT BY PERSON UNDER DISABILITY
148 ENLARGEMENT OF TIME
149 POWER TO MAKE UP DEFICIENCY OF COURTFEES
150 TRANSFER OF BUSINESS
151 SAVING OF INHERENT POWERS OF COURT
152 AMENDEMENT OF JUDGMENTS, DECREES OR ORDERS
153 GENERAL POWER TO AMEND
154 SAVING OF PRESENT RIGHT OF APPEAL
155 AMENDEMENT OF CERTAIN ACTS
156 REPEALS
157 CONTINUANCE OF ORDERS UNDER REPEALED ENACTMENTS
158 REFERENCE TO CODE OF CIVIL PROCEDURE AND OTHER REPEALEDENACTMENTS
SCHEDULE I. THE FIRST SCHEDULE
SCHEDULE II. THE SECOND SCHEDULE
SCHED
THE THIRD SCHEDULE
SCHEDULE IV. THE FOURTH SCHEDULE[ENACTMENTS AMENDED]
SCHEDULE V. THE FIFTH SCHEDULE[ENACTMENTS REPEALED]
