An Act to consolidate and amend the laws relating to the procedure of the Short title, commencement and extent- (1) This Act may be cited as the Code of Civil. An Act to consolidate and amend the laws relating to the procedure of the Courts of This Act has been amended in its application to Assam by Assam Acts 2 of. Full text containing the act, Code of Civil Procedure, , with all the sections, schedules, short title, enactment date, and footnotes.
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[ORDER XXVIIA: SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF[THE CONSTITUTION][OR AS TO THE VALIDITY . Civil Procedure Code - Indian laws Bare Acts. CPC Law in India. Civil Procedure code complete bare act with latest law amendments and definitations. Act Info: Preamble 1 - THE CODE OF CIVIL PROCEDURE, Section 1 - Short title, commencement and extent. Section 2 - Definitions. Section 3.
Section 13 - When foreign judgment not conclusive. Section 14 - Presumption as to foreign judgments. Section 15 - Court in which suits to be instituted. Section 16 - Suits to be instituted where subject-matter situate. Section 17 - Suits for immovable property situate within jurisdiction of different Courts.
Section 18 - Place of institution of suit where local limits of jurisdiction of Courts are uncertain.
Section 19 - Suits for compensation for wrongs to person or movables. Section 20 - Other suits to be instituted where defendants reside or cause of action arises. Section 21A - Bar on suit to set aside decree on objection as to place of suing. Section 22 - Power to transfer suits which may be instituted in more than one Court.
Section 24 - General power of transfer and withdrawal. Section 25 - Power of Supreme Court to transfer suits, etc.
Civil Procedure Code 1908 (CPC)
Section 28 - Service of summons where defendant resides in another State. Section 30 - Power to order discovery and the like. Section 35A - Compensatory costs in respect of false or vexatious claims or defences.
Section 37 - Definition of Court which passed a decree. Section 38 - Court by which decree may be executed. Section 40 - Transfer of decree to Court in another State. Section 41 - Result of execution proceedings to be certified. Section 42 - Powers of Court in executing transferred decree. Section 43 - Execution of decrees passed by Civil Courts in places to which this Code does not extend.
Section 44 - Execution of decrees passed by revenue courts in places to which this Code does not extend.
Civil Procedure Code 1908 (CPC)
Section 44A - Execution of decrees passed by Courts in reciprocating territory. Section 45 - Execution of decrees outside India. Section 47 - Questions to be determined by Court executing decree. Section 48 - Execution barred in certain cases [Repealed]. Section 51 - Powers of Court to enforce execution.
Section 52 - Enforcement of decree against legal representative. Section 54 - Partition of estate or separation of share.
1. Short title, commencement and extent
Section 56 - Prohibition of arrest or detention of women in execution of decree for money. Section 60 - Property liable to attachment and sale in execution of decree.
Section 61 - Partial exemption of agricultural produce. Section 62 - Seizure of property in dwelling-house. Section 63 - Property attached in execution of decrees of several Courts. Venugopala Naidu v. Section 92 shall not apply to any religious trust in Bihar. The powers conferred by sections 91 and 92 on the Advocate-General may, outside the presidency-towns, be, with the previous sanction of the State Government, exercised also by the Collector or by such officer as the State Government may appoint in this behalf.
In order to prevent the ends of justice from being, defeated the Court may, if it is so prescribed,-. Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under the last preceding section,-.
Provided that a Court shall not award, under this section, an amount exceeding the limits of its peculiar jurisdiction. One to file an appeal and another to file an application under O. Once application under O. It may be permitted to be taken into account by appellate court by means of amendment of pleadings, in order to avoid multiplicity of proceedings but not where such amendment could cause prejudice to vested right of plaintiff and render him remedied; Shyam Sunder v.
Ram Kumar, 8 SCC Shivalingaiah v. ILR Kar Where any party aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.
Provided that where the Bench hearing the appeal is 1 [composed of two or other even number of Judges belonging to a Court consisting of more Judges than those constituting the Bench] and the Judges composing the Bench differ in opinion on a point of law, they may state the point of law upon which they differ and the appeal shall then be heard upon that point only by one or more of the other Judges, and such point shall be decided according to the opinion of the majority if any of the Judges who have heard the appeal including those who first heard it.
Reference for opinion is permissible only if the judges who have heard the case have not pronounced their final judgments; Nirmal Swaran Singh v. No order under section 47 to be refused or modified unless decision of the case is prejudicially affected. Without prejudice to the generality of the provisions of section 99, no order under section 47 shall be reversed or substantially varied, on account of any error, defect or irregularity in any proceeding relating to such order, unless such error, defect or irregularity has prejudicially affected the decision of the case.
Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question. To be a substantial question of law must be debatable, not previously settled by law of the land or a binding precedent and answer to the same will have a material bearing as to the rights of parties before the Court; Govindaraja v.
Bismillah Begum dead by LRs v. Saraswatidevi v. It can be examined in second appeal; Smt. Vidya Wati through her LRs. Hans Raj through his L. Swamy v. Gowramma, AIR Kant Notwithstanding anything contained in any Letters Patent for any High Court or in any other instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a single Judge of a High Court, no further appeal shall lie from the judgment and decree of such single Judge.
Section A ins. No second appeal shall lie except on the ground mentioned in section Section was substituted by Act No. Power of High Court to determine issues of fact. In any second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the appeal,-.
Clauses a to f omitted by Act 10 of , sec. Where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made, or where such order is made by a Court not being a High Court in the exercise of appellate jurisdiction, then to the High Court.
Neither the issue framed nor evidence led in trial court in respect of mixed question of fact and law. New plea raised before the Supreme Court not permissible on the ground that the establishment of fact by evidence for decision is necessary; Vasantha Viswanathan v. Elayalwar, 8 SCC The provisions of this Part relating to appeals from original decree shall, so far as may be, apply to appeals-.
Subject to the provisions in Chapter IV of Part V of the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies-. Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit:.
Amendment Order w. Hence the Supreme Court overruled the contention that earlier special leave petition filed by appellant having been dismissed by the Supreme Court the second SLP was not maintainable being barred by the principle of res judicata; K.
Rajamouli v. The High Court may call for the record of any cases which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears-.
Provided that the High Court shall not, under this section, vary or reverse any order made or any order deciding an issue, in the course of a suit or other proceedings except where: The High Court, in eases arising out of original suits or other proceedings of the value exceeding one lakh rupees, and the District Court, in any other case, including a case arising out of an original suit or other proceedings instituted before the commencement of the Code of Civil Procedure Orissa Amendment Act, , may call for the record of any case which has been decided by any Court subordinate to the High Court or the District Court, as the case may be, and in which no appeal lies thereto, and if such subordinate Court appears-.
Provided that in respect of cases arising out of original suits or other proceedings of any valuation decided by the District Court, the High Court alone shall be competent to make an order under this section:. Provided further that the High Court or the District Court shall not, under this section, vary or reverse any order, including an order deciding an issue, made in the course of a suit or other proceedings, except where,-.
The amendment made this Act shall not effect the validity, invalidity, effect or consequence of anything already done of suffered, or any jurisdiction already exercised, and any proceeding instituted or commenced in the High Court under section of the Code of Civil Procedure, 5 of , prior to the commencement of this Act shall, notwithstanding such amendment, continue to be heard and decided by such Court. The High Court, in cases arising out of original suits or other proceedings of the value exceeding one lakh rupees or such higher amount not exceeding five lakh rupees as the High Court may from time to time fix, by notification published in the Official Gazette including such suits or other proceedings instituted before the date of commencement of the U.
Civil Laws Amendment Act, , or as the case may be, the date of commencement of such notification and the District Court in any other case, including a case arising out of an original suit or other proceedings instituted before such date, may call for the record of any case which has been decided by any Court subordinate to such High Court or District Court, as the case may be, and in which no appeal lies thereto, and if such subordinate Court appears-.
Provided that in respect of cases arising out of original suits or other proceedings of any valuation, decided by the District Court, the High Court alone shall be competent to make an order under this section:.
Provided further that the High Court or the District Court shall not, under this section, vary or reverse any order including an order deciding an issue, made in the course of a suit or other proceeding, except where,-.
Provided also that where a proceeding of the nature in which the District Court may call for the record and pass orders under this Section was pending immediately before the relevant date of commencement referred to above, in the High Court, such Court shall proceed to dispose of the same. Where a proceeding of the nature in which District Court may call for the record and pass orders under section of the said Code as substituted by this Act was pending immediately before August 1, Acts 31 of , Sections 3 and 5 w.
Under revisional powers of High Court this cannot be interfered with by High Court. Prem Bakshi v.
Code of Civil Procedure (India)
The Appellate Authority has rightly dismissed the appeal in limine as not maintainble; Naresh Sharma v. Mere statement by Revisional court that there was evidence to show that the bona fides of the landlord was proved is not sufficient; K.
Urmila v. The High Court is empowered only to interfare with the findings of fact if the findings are perverse or there has been a non-appreciation or non-consideration of the material evidence on record by the Courts below.
Simply because another view of the evidence may be taken is no ground by the High Court to interfere in its revisional jurisdiction; Masjid Kacha Tank, Nahan v.
Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith except as to so much thereof as relates to the costs;.
Nothing in this Code shall be deemed to authorize any person on behalf of another to address the Court in the exercise of its original civil jurisdiction, or to examine witnesses, except where the Court shall have in the exercise of the power conferred by its charter authorized him I so to do, or to interfere with the power of the High Court to make rules concerning I advocates, vakils and attorneys.
Sub-section 2 rep. The rules in the First Schedule shall have effect as if enacted in the body of this Code until annulled or altered in accordance with the provisions of this Part. Assam and Nagaland- Substitute the following for clause a sub-section 2 of section Assam Amendment Act No.
These words were again ins. By Act 32 of , and subsequently omitted by A. Clauses d and e re-lettered as clauses c and d respectively by Act 2 of , sec. Proviso omitted by Act No. Every Rule Committee shall make a report to the High Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules in the First Schedule or to make new rules, and before making any rules under section the High Court shall take such report into consideration.
High Courts, other than the Courts specified in section , may exercise the powers conferred by that section in such manner and subject to such conditions 1 [as 2 [the State Government] may determine]:. Provided that any such High Court may, after previous publication, make a rule extending within the local limits of its jurisdiction any rules which have been made by any other High Court.
Rules made under the foregoing provisions shall be subject to the previous approval of the Government of the State in which the Court whose procedure the rules regulate is situate or, if that Court is not situate in any State, to the previous approval of 2 [Central Government].
Rules so made and 1 [approved] shall be published in the 2 [Official Gazette] and shall from the date of publication or from such other date as may be specified have the same force and effect, within the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First Schedule. Notwithstanding anything in this Code, any High Court 1 [not being the Court of a Judicial Commissioner] may make such rules not inconsistent with the Letters Patent 2 [or order] 3 [or other law] establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall affect the validity of any such rules in force at the commencement of this Code.
Motorola Inc. By the A. By Act 2 of , sec. Powers of other High Court to make rules as to matters other than procedure. Rules made in accordance with section or section shall be published in the 1 [Official Gazette] and shall from the date of publication or from such other date as may be specified have the force of law.
The provisions of sections 55, 57 and 59 shall apply, so far as may be, to all persons arrested under this Code. Exemption of members of legislative bodies from arrest and detention under civil process. Court within the local limits of whose jurisdiction such person or property reside or is situate a copy of the warrant or order, together with the probable amount of the costs of the arrest or attachment.
The Dh holds a legitimate Sale Deed in his favour thro Court, since , while as the Fraudulent Transfer in favour of the Objector is by way of the fraud Sale Deed in It has powers to exercise under Sec 74 ,and also under Order XXI Rule 98,, but how to make it to apply its mind to this ground reality that , the suit Plot is not with the Heirs,and it is all a mischievous delay tactics,misusing the provisions of the law. I do not understand who youu might be but definitely you are going to a famous blogger in the event you are not already.
Pls Chk these points. If you still have possession? If the suit proceedings were ever placed on public domain u could have checked.. Like the land registry, revenue records wher u could have known about the suit if a search was made? If not, u make check on the ground of Bonaire downloadr. See transfer of property act and CPC.
U are a person who can raise a claim under sec. Without even filing a suit where a claim as to valid title or right is determined. However if your suit and reliefs are against the third party alleged downloadr, then sec. Sec 47 and ord 21 claims are raised even when ur rights are threatened in execution by the dh.
U r now being attacked under lis pen dense under transfer of property act and see the defences under that.
Advised that this view is only with limited facts and not exhaustive. A decree was passed by trail court of judicial magistrate! I wrote back on the same date that my resignation was given in anguish and i withdraw the same and I may be allowed to join but authorities did not allow me to join on the same authorities accepted the resignation dated In which court the suit is to be filed in Mumbai.
The landlord not accepting rent when tendered by the legal heir nor collecting rent by himself since 25 years nor issuing any notice to the occupant i. The landlord giving lame excuses by saying the tenant surrendered tenancy to him 25 years ago when the tenant was alive,then how the legal heir is still in occupation of the tenament?
How the legal heir would protect his rights legally to be in possession.
Will the law of limitation permits or debars the co-tenant,the legal heir from filing any suit after 17 years of the death of the tenant and also the landlord is debarred to take action against the legal heir who is occupying the tenament as on date.
But it did not meet the challenges and was replaced by Code of Civil Procedure Code, But still it did not fulfil the requirements of time and large amendments were introduced. In , the Code of Civil Procedure, was introduced. With passing of time it is felt that the Code needs some flexibility to breathe the air of speed and effectiveness.
To meet these problems Code of Civil Procedure, was enacted. Though it has been amended number of time it stood the test of time.
The Code of Civil Procedure has been substantially amended in the year The main purpose of the Amendment to the code was ensure speedy disposal of Civil cases governed under the Act. These provisions are applicable to Commercial disputes of specified value.The powers conferred by sections 91 and 92 on the Advocate-General may, outside the presidency-towns, be, with the previous sanction of the State Government, exercised also by the Collector or by such officer as the State Government may appoint in this behalf.
But now after 10 years he had forcibly captured our land and want a sale deed to be executed on his name stating that he made the payment to bank and under specific performance of contract he has a right over the land and the land should be registered on his name. Rehana Parveen v. Uttar Pradesh -In section 51 of the Code Clause bb shall be inserted after clause b. Please advice.
In , the Code of Civil Procedure, was introduced. We handed over the money to our attorney holder and he paid through his cheque. Section 61 - Partial exemption of agricultural produce.