Text, Commentary & Case Law
THE CODE OF CIVIL PROCEDURE, 1908
C O N T E N T S
Preamble.
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. Bar to further suit.
13. When foreign judgment not conclusive.
14. Presumption as to foreign judgment.
Place of suing
15. Court in which suits to be instituted.
16. Suits to be instituted where subject-matter situate.
17. Suits for immoveable property situate within jurisdiction of different 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 moveables.
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 institued in more than one Court.
23. To what Court application lies.
24. General power of transfer and withdrawal.
24-A Appreance of parties on transfer of suits, etc.
25. Power or Provincial Government to transfer suits.-
Institution of Suits
26. Institution of suits.
27. Summons to defendants.
28. Service of summons where defendent 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.
Cost
35. Costs.
35-A Compensatory costs in respect of false or vexatious claims or defences.
PART II
EXECUTION General
36. Application to orders.
37. Definition of Court which passed a decree.
Courts by which decrees may be executed
38. Court by which decree may be executed.
39. Transfer of decree.
40. Transfer of decree to Court in another Province.
41. Results of execution proceeding 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.
44-A Execution of decrees passed by Courts in the United Kingdom and other reciprocating territory.
45. Execution of decrees in foreign territory.
46. Precepts.
Questions to be determined
by court executing decree
47. Questions to be determined by the Court executing decree.
Limits of time for execution
48. Execution barred in certain cases.
Transferees and legal representatives
49. Transferee.
50. Legal representative.
Procedure in execution
51. Powers of Court to enforce execution.
52. Enforcement of decree against legal representative.
53. Liability of ancestral property.
54. Partition of estate of separation of share.
Arrest and detention
55. Arrest and detention.
56. Prohibition of arrest or detention of women in execution of decree for money.
57. Subsistence Allowance.
58. Release from Detention.
59. Release on ground of illness.
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 to prescribe rules for transferring to Collector execution of certain decrees.
Delegation to Collector of power to execute decree 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.
71. Collector deemed to be acting judicially.
72. Where Court may authroise 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
75. Power of Court to issue commissions.
76. Commission to another Court.
77. Letter of request.
78. Commissions issued by foreign Courts.
PART IV
SUITS IN PARTICULAR CASES SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
79. Suits 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 for Ruler of foreign State.
86. Suits against Rulers.
86-A Suits against diplomatic agents.
87. Style of Rulers as parties to suits.
87-A Application of sections 85 and 86 to Rulers of Acceding States, etc.
Interpleader
88. Where inter pleader suit may be instituted
PART V.
SPECIAL PROCEEDINGS ARBITRATION
89. Arbitration.
89-A Alternate dispute resolution
Special Code
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 VI
SUPPLEMENTAL PROCEEDINGS
94. Supplemental proceedings.
95. Compensation, for obtaining arrest, attachment or injunction on in sufficient grounds.-
PART VII.
APPEALS
Appeals from Original Decree
96. Appeal from original decree.
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 or no other grounds.
102. No second appeal in certain cases.
103. Power of High Court to determine issues of fact.
Appeals from Orders
104. Orders from which appeal lies.
105. Others order.
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 the Supreme Court.
110. Value of subject-matter.
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 HIGH COURTS
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 persons not to address Courts.
120. Provisions not applicable to High Court in original Civil Jurisdiction.
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 to High Court.
125. Power of other High Courts 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 their original civil procedure.
130. Powers of other High Courts to make rules as to matters other than procedure
131. Publication of rules.
PART XI.
MISCELLANEOUS
132. Exemption of certain women from personal appearance.
133. Exemption of other persons.
134. Arrest other than in execution of decree.
135. Exemption from arrest under civil process.
135A. 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 savages, etc.-
141. Miscellaneous proceeding.
142. Orders and notices to be in writing.
143. Postage.
144. Application for the restitution.
145. Enforcement of liability 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 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.
155. Amendement of certain Acts.
156. Repealed.
157. Continuance of orders under repealed enactments.
158. Reference to Code of Civil Procedure and other repealed enactments.
FIRST SCHEDULE
ORDER I
PARTS TO SUITS
1. Who may be joined as pliantiffs.
2. Power of Court to order separate trials.
3. Who may be joined as defeandants.
4. Court may give judgment for or against one or more of joint parties.
5. Defendant need not be interested in all the
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 nonjoinder.
10. Suit in name of wrong plaintiff.
11. Conduct of suit.
12. Apperance of one of several plaintiffs of 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.
3. Joinder of causes of action.
4. Only certain claims to be joined for recovery of immoveable property.
5. Claims by or against executor, adminstrator or heir.
6. Power of Court to order separate trials.
7. Objections as to misjoinder.
ORDER III:
RECOGNIZED AGENTS AND PLEADERS
1. Appearances etc., may be in person, by recognized agent or by pleader.
2. Recognized agents.
3. Service of process on recognized agent.
4. Appointment of pleader.
5. Service of process on pleader.
6. Agent to accept service.
ORDER IV
INSTITUTION ON SUITS
1. Suit to be commenced by plaint.
2. Register of suits.
ORDER V
ISSUE AND SERVICE OR SUMMONS.
1. Summons.
2. Copy or statement annexed to Summons.
3. Court may order defendant or plaintiff to appear in person.
4. No party 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.
9. Delivery or 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 buisness.
14. Service on agent in charge in suits for immoveable property.
15. Where service may be on male member of defendant`s family.
16. Person 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.
21. Service of summons where defendant resides within jurisdictions of another Court.
22. Service within Presidency towns of summons issued by Courts outside.
23. Duty of Court to Which summons is sent.
24. Service on defendant in prison.
25. Service where defendant resides out of Pakistan and has no agent.
26. Service in foreign territory through Political Agent or Court.
26-A. Service on civil public officer or on servanty 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 soildiers, sailors or airmen.
29. Duty of person to whom summons is delivered or sent for services.
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.
ORDER VII
PLAINT
1. Particulars to be contained in plaint.
2. In money suits.
3. Where the subject-matter of the suit is immoveable property.
4. When plaintiff sues as representative.
5. Defendant`s interest and liability to be shown.
6. Grounds of exemption from limitation law.
7. Relief to be specifically stated.
8. Relief founded on separate grounds.
9. Procedure of admitting plaint.
10. Return of plaint.
11. Rejection of plaint.
12. Procedure on rejecting plaint.
13. Where rejection of plaint does not preclude presentation of fresh plaint.
14. Production of document on which plaintiff sues.
15. Statement in case of documents not in plaintiff's possession or power.
16. Suits on last negotiable instruments.
17. Production of shop-book.
18. Inadmissibility of document not produced when plaint filed.
19. Address to be filed with plaint.
20. Nature of address to be filed.
21. Consequences of failure to file address.
22. Procedure when party not found at the place of address.
23. Service on pleader.
24. Change of address.
25. Service by other modes.
26. List of legal representatives of plaintiff.
ORDER VIII
WRITTEN STATEMENT AND SET-OFF
1. Written statement.
2. New facts must be specially pleaded.
3. Denial to be specific.
4. Evasive denial.
5. Specific denial.
6. Particular of set-off to be given written statement.
7. Defence or set-off founded on separate grounds.
8. New ground of defence.
9. Subsequent pleadings.
10. Procedure when party fails to present written statement called for by Court.
11. Address for service.
12. Consequences of failure to file address.
13. List of legal representatives of defendant.
ORDER IX
APPEARANCE OF PARTIES AND
CONSEQUENCE OF NON-APPEARANCE
1. Parties to appear on day fixed in summons for defendant to appear and answer.
2. Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs.
3. Where neither party appears, suit to be dismissed.
4. Plaintiff may bring fresh suit or Court may restore suit to file.
5. Dismissal of suit where plaintiff, after summons returned unserved, fails for three months to apply for fresh summons.
6. Procedure when only plaintiff appears.
7. Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous nonappearance.
8. Procedure where defendant only appears.
9. Decree against plaintiff by default bars fresh suit.
10. Procedure in case of non-attendance of one or more of several plaintiffs.
11. Procedure in case of non-attendance of one or more of several defendants.
12. Consequnece of non-attendance, without sufficient cause shown, of party ordered to appear in person.
Setting aside Decrees Ex-parte
13. Setting aside decree ex parte against defendant.
14. No decree to be set aside without notice to opposite party.
ORDER IX-A
INTERMEDIATE DATES
1. Fixation of Intermediate dates.
2. Applications regarding pleadings, etc., their replies and disposal.-
ORDER X
EXAMINATION OF PARTIES BY THE COURT
1. Ascertainment whether allegations in pleadings are admitted or denied.
2. Oral examination of party or companion of party.
3. Substance of examination to be written.
4. Consequence of refusal or inability of pleader to answer.
ORDER XI
DISCOVERY AND INSPECTION
1. Discovery by interrogatories.
2. Particular interrogatories to be submitted.
3. Costs of interrogatories.
4. Forms of interrogatories.
5. Corporations.
6. Objections to interrogatories by answer.
7. Setting aside and striking out interrogatories.
8. Affidavit in answer, filing.
9. Forms of affidavit in answer.
10. No Exception to be taken.
11. Order to answer or answer further.
12. Application for discovery of documents.
13. Affidavit of documents.
14. Production of documents.
15. Inspection of documents referred to in pleadings or affidavits.
16. Notice to produce.
17. Time for inspection when notices given
18. Order for inspection.
19. Verified copies.
20. Premature discovery.
21. Non-compliance with order for discovery.
22. Using answers to interrogatories at trial.
23. Order to apply to minors.
ORDER XII
ADMISSIONS
1. Notice of admission of case.
2. Notice to admit documents.
3. Form of Notice.
4. Notice to admit facts.
4-A. Power of Court to record admission of documents and facts.
5. Forms of admission.
6. Judgment on admissions.
7. Affidavit of signature.
8 Notice to produce documents.
9. Costs.
ORDER XIII
PRODUCTION, IMPOUNDING AND
RETURN OF DOCUMENTS
1. Documentary evidence to be produced at first hearing.
2. Effect of non-production of documents.
3. Rejection of irrelevant or inadmissible documents.
4. Endorsement on documents admitted in evidence.
5. Endorsements on copies of admitted entries in books, accounts and records.
6. Endorsements on documents rejected as inadmissible in evidence.
7. Recording of admitted and return of rejected documents.
8. Court may order any document to be impounded.
9. Return of admitted documents.
10. Court may send for papers from its own records or from other Courts.
11. Provisions as to documents applied to material objects.
ORDER XIV
SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF
LAW OR ON ISSUES AGREED UPON
1. Framing issues.
2. Issue of law and fact.
3. Materials from which issues may be framed.
4. Court may examine witnesses or documents before framing issues.
5. Power to amend, and strike out, issues.
6. Questions of fact or law may by agreement be stated in form of issues.
7. Court, if satisfied that agreement was executed in good faith, may pronounce judgment.
ORDER XV
DISPOSAL OF THE SUIT
AT THE FIRST HEARING
1. Parties not at issue.
2. One of several a defendants not at issue.
3. Parties at issue.
4. Failure to provide evidence.
ORDER XVI
SUMMONING AND ATTENDANCE
OF WITNESSES
1. Summons to attend to give evidence or produce documents.
2. Expenses of witness to be paid into Court on applying for summons.
3. Tender of expenses to witness.
4. Procedure where insufficient sum paid in.
5. Time, place and purpose of attendance to be specified in summons.
6. Summons to produce document
7. Power to require persons present in Court to give evidence or produce document.
7-A. Service of summons by parties.
8. Service of summons by Court.
9. Time for serving summons.
10. Procedure where witness fails to comply with summons.
11. If witness appears attachment may be withdrawn.
12. Procedure if witness fails to appear.
13. Mode of attachment.
14. Court may of its accord summon as witnesses strangers to suit.
15. Duty of persons summoned to give evidence or produce documents.
16. When they may depart.
17. Application of rules 10 to 13.
18. Procedure where witness apprehended cannot give evidence or produce document.
19. No witness to be ordered to attend in person unless resident within certain limits.
20. Consequence of refusal of party to give evidence when called on by Court.
21. Rules as to witnesses to apply to parties summoned.
ORDER XVII
ADJOURNMENTS
1. Court may grant time and adjourn hearing.
2. Procedure if parties fails to appear on day fixed.
3. Court may proceed not withstanding either party fails to produce evidence, etc.
4. Appearance of parties on the day next after holiday.
5. Appearance of parties on the day when the presiding officer is absent.
ORDER XVIII
HEARING OF THE SUIT AND
EXAMINATION OF WITNESSES
1. Right to begin.
2. Statement and production of evidence.
3. Evidence where several issues.
4. Witnesses to be examined in open Court.
5. How evidence shall be taken in appealable cases.
6. When deposition to be interpreted.
7. Evidence under Section 138.
8. Memorandum when evidence not taken down by Judge.
9. When evidence may be taken in English.
10. Any particular question and answer may be taken down.
11. Questions objected to and allowed by Court.
12. Remarks on demeanour of witnesses.
13. Memorandum of evidence in un-appealable cases.
14. Judge unable to make such memorandum to record reasons of his inability.
15. Power to deal with evidence taken before another Judge.
16. Power to examine witness immediately.
17. Court may recall and examine witness.
18. Power of Court to inspect.
ORDER XIX
AFFIDAVITS
1. Power to order any point to be proved by affidavit.
2. Power to order attendance of deponent for cross-examination.
3. Matters to which affidavit shall be confined.
ORDER XX
JUDGMENT AND DECREE
1. Judgment when pronounced.
2. Power to pronounce judgment written by Judge’s predecessor.
3. Judgment to be signed.
4. Judgment of Small Cause Courts.
5. Court to state its decision on each issue.
6. Contents of decree.
7. Date of decree.
8. Procedure where Judge has vacated office before signing decree.
9. Decree for recovery of immovable property.
10. Decree for delivery of movable property.
11. Decree may direct payment by installments.
12. Decree for possession and mesne profits.
13. Decree in administration suit.
14. Decree in pre-emption suit.
15. Decree in suit for dissolution of partnership.
16. Decree in suits for account between principal and agent.
17. Special directions as to accounts.
18. Decree in suit for partition of property or separate possession of a share therein.
19. Decree when set-off is allowed.
20. Certified copies of the judgment and decree to be furnished.
ORDER XXI
EXECUTION OF DECREES AND ORDERS
Payment under Decree
1. Modes of paying money under decree.
2. Payment out of Court to decree holder.
Courts executing Decrees
3. Lands situate in more than one jurisdiction.
4. Transfer to Court of Small Causes.
5. Mode of Transfer.
6. Procedure where Court desires that its own decree shall be executed by another Court.
7. Court receiving copies of decree, etc., to file same without proof.
8. Execution of decree or order by Court to which it is sent.
9. Execution by High Court of decree transferred by other Court.
Application for Execution
10. Application for execution.
11. Oral application.
12. Application for attachment of moveable property not in judgment-debtor`s possession.-
13. Application for attachment of immoveable property to contain particulars.
14. Power to require certified extract from Collector`s register in certain cases.
15. Application for execution by joint decree holder.
16. Application for execution by transferee of decree.
17. Procedure on receiving application for execution of decree.
18. Execution in case of cross-decrees.
19. Execution in case of cross-claims under same decree.
20. Cross-decrees and cross-claims in mortgage suits.
21. Simultaneous execution.
22. Notice to show cause against execution in certain cases.
23. Procedure after issue of notice.
Objection to Execution
23-A. Deposit of decretal amount, etc.
Process for Execution
24. Process of execution.
25. Endorsement on process.
Stay of Execution
26. When Court may stay execution.
27. Liability of judgment debtor or discharged.
28. Order of Court which passed decree or of appellate Court to be binding upon Court applied to.
29. Stay of execution pending suit between decree-holder and judgment-debtor.
Mode of Execution
30. Decree for payment of money.
31. Decree for specific moveable property.
32. Decree for specific performance for restitution of conjugal rights, or for an injuction.
33. Discretion of Court in executing decrees for restitution of conjugal rights.
34. Decree for execution of document, or endorsement of negotiable instruments.
35. Decree for immoveable property.
36. Decree for delivery of immoveable property when in occupancy of tenant.
Arrest and Detention in Prison
37. Discretionary power to permit judgment-debtor to show cause against detention in prison.
38. Warrant for arrest to direct judgment-debtor to be brought up.
39. Omitted.
40. Proceedings on appearance of judgment-debtor in obedience to notice or after arrest.
Attachment of Property
41. Examination of judgment-debtor as to his property.
42. Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined.
43. Attachment of moveable property other than agricultural produce, in possession of judgment-debtor.
44. Attachment of agricultural produce.
45. Provisions as to agricultural produce under attachment.
46. Attachment of debt, share and other property not in possession of judgment debtor.
47. Attachment of share in moveables.
48. Attachment of salary or allowances of public officer or servant of railway company or local authority.
49. Attachment of partnership property.
50. Execution of decree against firm
51. Attachment of negotiable instruments.
52. Attachment of property in custody of Court or public officer.
53. Attachment of decrees.
54. Attachment of immovable property.
55. Removal of attachment after satisfaction of decree.
56. Order for payment of coin or currency notes to party entitled under decree.
57. Determination of attachment.
Investigation of Claims and Objections
58. Investigation of claims to and objections to attachment of attached property.
59. Evidence to be adduced by claimant.
60. Release of property from attachment.
61. Continuance of attachment subject to claim of encumbrancer.
62. Questions relating to rights, etc., of claimant in attached property to be decided by Court.
63. Saving of suits to establish right to attached property.
Sale Generally
64. Power to order property attached to be sold and proceeds to be paid to person entitled.
65. Sales by whom conducted and how made.
66. Proclamation of sales by public auction.
67. Mode of making proclamation.
68. Time of sale.
69. Adjournment or stoppage of sale.
70. Saving of certain sales.
71. Defaulting purchaser answerable for loss on re-sale.
72. Decree holder not to bid for or buy property without permission.
73. Restriction on bidding or purchase by officers.
Sale of Moveable Property
74. Sale of agricultural produce.
75. Special provisions relating to growing crops.
76. Negotiable instruments and shares in corporations.
77. Sale by public auction.
78. Irregularity not to vitiate sale, but any person injured may sue.
79. Delivery of moveable property, debts and shares.
80. Transfer of negotiable instruments and shares.
81. Vesting order in case of other property.
Sale of Immoveable Property
82. What Courts may order sales.
83. Postponement of sale to enable judgment debtor to raise amount of decree.
84. Deposit by purchaser and re-sale on default.
85. Time for payment in full of purchase money.
86. Procedure in default of payment.
87. Notification on re-sale.
88. Bid of co-sharer to have preference.
89. Application to set aside sale on deposit.
90. Application to set aside sale on ground of irregulairity or fraud.
91. Application by purchaser to set aside sale on ground of judgment debtor having no saleable interest.
92. Sale when to become absolute or be set aside.
93. Return of purchase-money in certain cases.
94. Certificate to purchaser.
95. Delivery of property in occupany of judgment-debtor.
96. Delivery of property in occupany of tenant.
Resistance to Delivery of
Possession to Decree-holder Or Purchaser
97. Resistance or obstruction to possession of immoveable property.
98. Resistance or obstruction by judgment debtor.
99. Resistance or obstruction by bona fide claimant.
100. Dispossession by decree-holder or purchaser.
101. Bona fide claimant to be restored to posession.
102. Rules not applicable to transferee lite bendente.
103. Certain orders conclusive and suit barred.
ORDER XXII
DEATH, MARRIAGE AND
INSOLVENCY OF PARTIES
1. No abatement by party's death, if right to sue survives.
2. Procedure where one of several pliantiffs or defendants dies and right to sue survives.
3. Procedure in case of death of one of sevaral plaintiffs or of sole plaintiff.
4. Procedure in case of death of one of several defandants or of sole defandant.
5. Determination of question as to legal representative.
6. No abatement by reason of death after hearing.
7. Suit not abated by marriage of female party.
8. When plaintiff's insolvency bars suit.
9. Effect of dismissal.
10. Procedure in case of assignmnent before final order in suit.
11. Application of Order to appeals.
12. Application of Order to proceedings.
ORDER XXIII
WITHDRAWAL AND ADJUSTMENT OF SUITS
1. Withdrawal of suit or abandenment of part of claim.
2. Limitation law not affected by first suit.
3. Compromise of suit.
4. Proceedings in execution of decrees not affected.
ORDER XXIV
PAYMENT INTO COURT
1. Deposit by defendant of amount in satisfaction of claim.
2. Notice of deposit.
3. Interest on deposit not allowed to plaintiff after notice.
4. Procedure where plaintiff accepts deposit as satisfaction in part.
ORDER XXV
SECURITY FOR COSTS
1. When security for costs may be required from plaintiff.
2. Effect of failure to furnish security.
ORDER XXVI
COMMISSIONS
Commissions to Examine Witnesses
1. Cases in which Court may issue commission to examine witness.
2. Order for commission.
3. Where witness resides within Court’s jurisdiction.
4. Persons for whose examination commission may issue.
5. Commission or request to examine witness not within Pakistan.
6. Court to examine witness pursuant to commission.
7. Return of commission with depositions of witnesses.
8. When depositions may be read in evidence.
Commissions for Local Investigations
9. Commissions to make local investigations.
10. Procedure of Commissioner.-
Commissions to examine Accounts
11. Commission to examiner adjust accounts.
12. Courts to give Commissioner necessary instructions.
Commissions to make Partitions
13. Commission to make partition of immoveable property.
14. Procedure of Commissioner.
General Provisions
15. Expenses of commission to be paid into Court.
16. Powers of Commissioners.
17. Attendance and examination of witnesses before Commissioner.
18. Parties to appear before Commissioner.
Commissions issued at the
instance of Foreign Tribunals
19. Cases in which High Court may issue commission to examine witness.
20. Application for commission.
21. To whom commissions may be issued.
22. Issue, execution and return of commissions and transmission of evidence to foreign Court.
ORDER XXVII
SUITS BY OR AGAINST 1[THE GOVERNMENT] OR PUBLIC OFFICERS IN
THEIR OFFICIAL CAPACITY
1. Suits by or against Government.
2. Persons authorised to act for Government.
3. Plaints in suits by or against Government.
4. Agent for Government to receive process.
5. Fixing of day for appearance on behalf of Government.
6. Attendance of person able to answer questions relating to suit against Government.
7. Extension of time to enable public officer to make reference to Government.
8. Procedure in suits against public officer.
8-A. No security to be required from Government or a public officer in certain cases.
8-B. Definitions of “Government” and “Government pleader.
ORDER XXVII-A
SUITS INVOLVING ANY SUBSTANTIAL QUESTION AS TO THE
INTERPRETATION OF CONSTITIONAL LAW
1. Notice to the Advocate General.
2. Court may add Government as party.
3. Costs when Government added as party.
4. Application of Order to appeals.
ORDER XXVIII
SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN
1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them.
2. Person so auhtorised may act personally or appoint pleader.
3. Service on person so authorised, or on his pleader to be good service.
ORDER XXIX
SUITS BY OR AGAINST CORPORATIONS
1. Subscription and verification of pleading.
2. Service on corporation.
3. Power to require personal attendance of officer of corporation.
ORDER XXX
SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN
1. Suing of partners in name of firm.
2. Disclosure of partner’s names.
3. Service.
4. Right of suit on death of partner.
5. Notice in what capacity served.
6. Appearance of partners.
7. No appearance except by partners.
8. Appearance under protest.
9. Suits between co-partners.
10. Suit against person carrying on business in name other than his own.
ORDER XXXI
SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS
1. Representation of beneficiaries in suits concerning property vested in trustees etc.
2. Joinder of trustees executors and administrators.
3. Husband of married executrix not to join.
ORDER XXXII
SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND
1. Mionr to sue by next friend.
2. Where suit is instituted without next friend, plaint to be taken off the file.
3. Guardian for the suit to be appointed by Court for minor defendant.
4. Who may act as next friend or be appointed guardian for the suit.
5. Representation of minor by next friend or guardian for the suit.
6. Receipt by next friend or guardian for the suit of property under decree for minor.
7. Agreement or compromise by next friend or guardian for the suit.
8. Retirement of next friend.
9. Removal of next friend.
10. Stay of proceedings on removal etc., of next friend.
11. Retirement, removal or death of guardian for the suit.
12. Course to be followed by minor plaintiff or applicant on attaining majority.
13. Where minor co-plaintiff attainig majority desires to repudiate suit.
14. Unreasonable or imporper suit.
15. Application of rules to persons of unsound mind.
16. Certain laws not to be affected.
ORDER XXXIII
SUITS BY PAUPERS
1. Suits may be instituted in forma pauperis.
2. Contents of application.
3. Presentation of application.
4. Examination of applicant.
5. Rejection of applications.
6. Notice of day for receiving evidence of applicants pauperism.
7. Procedure at hearing.
8. Procedure if application admitted.
9. Dispaupering.
10. Costs where pauper succeeds.
11. Procedure where pauper fails.
11-A. Procedure where pauper suit abates.
12. Provincial Government may apply for payment or court-fees.
13. Provincial Government to be deemed a party.
14. Recovery of amount of Court-fees.
15. Refusal to allow applicant to sue as pauper to bar subsequent application of like nature.
16. Costs.
ORDER XXXIV
SUITS RELATING TO MORTGAGES OF IMMOVEABLE PROPERTY
1. Parties to suits for foreclosure, sale and redemption.
2. Preliminary decree in foreclosure suit.
3. Final decree in foreclosure suit.
4. Preliminary decree in suit for sale.
5. Final decree in suit for sale.
6. Recovery of balance due on mortgage in suit for sale.
7. Preliminary decree in redemption suit.
8. Final decree in redemption suit.
8-A. Recovery of balance due on mortgage in suit for redemption.
9. Decree where nothing is found due or where mortgagee has been over paid.
10. Costs of mortgagee subsequent to decree.
11. Payment of Interest.
12. Sale of property subject to prior mortgage.
13. Application of proceeds.
14. Suit for sale necessary for bringing mortgaged property to sale.
15. Mortgages by the deposit of title-deeds and charges.
ORDER XXXV
INTERPLEADER
1. Plaint in interpleader-suits.
2. Payment of thing claimed into Court.
3. Procedure where defendant issuing plaintiff.
4. Procedure at first hearing.
5. Agents and tenants may not institute interpleader suits.
6. Charge for plaintiff's costs.
ORDER XXXVI
SPECIAL CASE
1. Power to state case for Court opinion.
2. Where value of subject-matter must be stated.
3. Agreement to be filed and registered as suit.
4. Parties to be subject to Court's jurisdiction.
5. Hearing and disposal of case.
ORDER XXXVII
SUMMARY PROCEDURE ON NEGOTIABLE INSTRUMENTS
1. Application of Order
2. Institution of summary suits upon bills of exchange, etc.
3. Defendant showing defence on merit to have leave to appear.
4. Power to set aside decree
5. Power to order bill, etc., to be deposited with officer Court.
6. Recovery of cost of nothing non-acceptance of dishonoured bill or note.
7. Procedure suits.
ORDER XXXVIII
ARREST AND ATTACHMENT BEFORE JUDGMENT
Arrest before Judgment
1. Where defendant may be called upon to furnish security for appearnce.
2. Security.
3. Procedure on application by surety to be discharged.
4. Procedure where defendant fails to furnish security or find fresh security.
Attachment before Judgment
5. Where defendant may be called upon to furnish security for production of property.
6. Attachment where cause not shown or security not furnished.
7. Mode of making attachment.
8. Investigation of claim to property attached before judgment.
9. Removal of attachment when security furnished or suit dismissed.
10. Attachment before judgment not to affect rights of strangers nor bar decree-holder from applying for sale.
11. Property attached before judgment not to be reattached in execution of decree.
12. Agricultural produce not attachable before judgment.
13. Small Cause Court not to attach immoveable property.
ORDER XXXIX
TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS
Temporary Injunctions
1. Cases in which temporary injunction may be granted.
2. Injunction to restrain repetition or continuance of breach.
3. Before granting injunction Court to direct notice to opposite party.
4. Order for injunction may be discharged, varied or set aside.
4-A. Injunction to cease to be in force after certain period.
5. Injuction to corporation binding on its officers.
Interlocutory. Orders
6. Power to order interim sale
7. Detention, preservation, inspection, etc., of subject-matter of suit.
8. Application for such orders to be after notice
9. When party may be put in immediate possession of land the subject matter of suit.
10. Deposit of money, etc., in Court.
ORDER XL
APPOINTMENT OF RECEIVERS
1. Appointment of receivers
2. Remuneration
3. Duties
4. Enforcement of receiver`s duties.
5. When Collector may be appointed receiver
ORDER XLI
APPEALS FROM ORIGINAL DECREE
1. Form of appeal. What to accompany memorandum.
2. Grounds which may be taken in appeal.
3. Rejection or amendment of memorandum
4. One of several palintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all.
Stay of Proceedings and of Execution
5. Stay by Appellate Court
6. Security in case of order for execution of decree appealed from.
7. No security to be required from the Government or a public officer in certain cases.
8. Exercise of powers in appeal from order made in execution of decree.
Procedure on Admission of Appeal
9. Registry of memorandum of appeal.
10. Appellate Court may require appellant to furnish security for costs.
11. Power to dismiss appeal without sending notice to lower Court.
12. Day for hearing appeal.
13. Appellate Court to give notice to Court whose decree appealed from.
14. Publication and service of notice of day for hearing appeal.
15. Contents of notice.
Procedure on Hearing
16. Right to begin.
17. Dismissal of appeal for appellant`s default.
18. Dismissal of appeal where notice not served in consequences of appellant`s failure to deposit costs.
19. Readmission of appeal dismissed for default.
20. Power to adjourn hearing and direct person appearing interested to be made respondents.
21. Rehearing on application of respondent against whom ex-parte decree made.
22. Upon hearing respondent may be object to decree as if he had preferred separate appeal.
23. Remand of case by Appellate Court.
24. Where evidence on record sufficient.
25. Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from.
26. Findings and evidence to be put on record. Objections to findings.
27. Production of additional evidence in Appellate Court.
28. Mode of taking additional evidence.
29. Points to be defined and recorded.
Judgment in Appeal
30. Judgment when and where pronounced
31. Contents, date and signature of judgment
32. What judgment may direct.
33. Power of Court of appeal
34. Dissent to be recorded
Decree in appeal
35. Date and contents of decree.
36. Copies of judgment and decree to be furnished parties.
37. Certified copy of decree to be sent to Court whose decree appealed from.
ORDER XLII
APPEALS FROM APPELLATE DECREES
1. Procedure.
ORDER XLIII
APPEALS FROM ORDERS
1. Appeals from orders
2. Procedure.
3. Notice before presentation of appeal.
4. Application of rule 3.
ORDER XLIV
PAUPER APPEALS
1. Who may appeal as pauper.
2. Inquiry into pauperism.
ORDER XLV
APPEALS TO THE SUPREME COURT
1. "Decree" defined.
2. Application to Court whose decree complained of.
3. Certificate as to value or fitness.
4. Consolidation of suits.
5. Remission of dispute to Court of first instance.
6. Effect of refusal of certificate.-
7. Security and deposit required on grant of certificate.
8. Admission of appeal and procedure thereon.
9. Revocation of acceptance of security.
9-A. Power to dispense with notices in case of deceased parties.
10. Power to order further security or payment.
11. Effect of failure to comply with order.
12. Refund of balance deposit.
13. Powers of Court of pending appeal.
14. Increase of security found inadequate.
15. Procedure to enforce orders of the Supreme Court.
16. Appeal from order relating to execution.
17. Appeals to the Federal Court.
ORDER XLVI
REFERENCE
1. Reference of question to High Court.
2. Court may pass decree contingent upon decision of High Court.
3. Judgment of High Court to be transmitted and case disposed of accordingly.
4. Costs of reference to High Court
5. Power to alter etc., decree of Court making reference.
6. Power to refer to High Court questions as jursidiction in small causes.
7. Power to District Court to submit for revision porceedings had under mistake as to jurisdiction in small causes.
ORDER XLVII
REVIEW
1. Application for review of judgment.
2. To whom applications for review may be made.
3. Form of Applications for review.
4. Application where rejected.
5. Application for review in Court consisting of two or more judges.
6. Application where rejected.
7. Oder of rejection not appealable. Objections to order granting application.
8. Registry of application granted, and order for re-hearing.
9. Bar of certain applications.
ORDER XLVIII
MISCELLANEOUS
1. Process to be served at expense of party issuing.
2. Orders and notices how served.
3. Use of forms in appendices.
ORDER LXIX
HIGH COURTS
1. Who may serve processes of High Court.
2. Saving in respect of High Courts.
3. Application of rules.
ORDER L
PROVINCIAL SMALL CAUSE COURTS
1. Provincial Small Cause Courts.
ORDER LI
PROVINCIAL SMALL CAUSE COURTS
[Omitted]
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
THE SECOND SCHEDULE
THE THIRD SCHEDULE
THE FOURTH SCHEDULE
THE FIFTH SCHEDULE
INDEX
