Only certain claims to be joinder for recovery of immovable property (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. Court may grant time and adjourn hearing. 100 against F singly and applies for execution to the Court in which the joint decree is being executed. Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys 1. Procedure where witness fails to comply with summons 3. B cannot institute an interpleader-suit against A and C. (b) A deposits a box of jewels with B as his agent. Denial to be specific. (1) Where the guardian for the suit desires to retire or does not do his duty, or where other sufficient ground is made to appear, the Court may permit such guardian to retire or may remove him, and may make such order as to costs as it thinks fit. 134. Inadmissibility of document not produced when plaint filed. Attachment of property in custody of Court or public officer. 3. (1) Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased. Registry of application granted, .and order for re-hearing 1,000 in case A fails to deliver certain goods at a future day. 34. Execution of decrees passed by Courts of Acceding States. Framing of issues. 2. Where the parties to a suit are agreed as to the question of fact or of law to be decided between them they may state the same in the form of an issue, and enter into an agreement in writing that, upon the finding of the Court in the affirmative or the negative of such issues: (a) a sum of money specified in the agreement or to be ascertained by the Court, or in such manner as the Court may direct, shall be paid by one of the parties to the other of them, or that one of them be declared entitled to some right or subject to some liability specified in the agreement; (b) some property specified in the agreement and in dispute in the suit shall be delivered by one of the parties to the other of them, or as that other may direct; or. ( Log Out / Cases in which temporary injunction may be granted Power of Court to enforce execution The Provincial Government may, declare, by notification in the official Gazette, that in any local area the execution of decrees in cases in which a Court has ordered any immovable property to be sold, or the execution of any particular kind of such decrees, or the execution of decrees ordering the sale of any particular kind of, or interest in, immovable property, shall be transferred to the Collector. (c) after the expiration of the period of limitation prescribed therefor and without sufficient cause. The Court to which a summons is sent under rule 21 [x x x x] shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue, together with the record (if any) of its proceedings with regard thereto. Procedure to enforce orders of the Supreme Court 5. 7. A Judge may pronounce a judgment written but not pronounced by his predecessor. 8. The provisions of rules 10 to 13 shall, so far as they are applicable, be deemed to apply to any person who ‘having attended in compliance with a summons departs, without lawful excuse, in contravention of rule 16. 4. (2) Such day shall be fixed with reference to the current business of the Court, the place of residence of the respondent, and the time necessary of for the service of the notice of appeal, so as to allow the respondent sufficient time to appear and answer the appeal or such day. (2) In particular and without prejudice to the generality of the proposition contained in sub-section (1), nothing in this Code shall be deemed to limit or otherwise affect any remedy which a land-holder or landlord may have under any law for the time being in force for the recovery of rent of agricultural land from the produce of such land. Applicability to notice under Order 21, rule 22. (c) impose a fine upon him not exceeding ‘[two thousand] rupees ; (d) order him to furnish security for his appearance and in default commit him to the [xxx] prison. (2) In any case in which the plaint and summons are in such forms, respectively the defendant shall no appear or defend the suit unless he obtains leave from a Judge as hereinafter provided so to appear and defend, and, in default of his obtaining such leave or of his appearance and defence in pursuance thereof, the allegations in the plaint shall be deemed to be admitted, and the plaintiff shall be entitled to a decree:-, (a) for the principal sum due on the instrument and for interest calculated in accordance with the provisions of section 79 or section 80, as the case may be, of the Negotiable Instruments Act, 1881, up to the date of the institution of the suit or for the sum mentioned in the summons, whichever is less, and for interest up to the date of the decree at the same rate or at such other rate as the Court thinks fit; and, (b) for such subsequent interest, if any, as the Court may order under section 34 of this Code ; and. The provisions contained in rules 1 to 14, so far as they are applicable, shall extend to persons adjudged to be of unsound mind and to persons who though not so adjudged are found by the Court on inquiry, by reason of unsoundness of mind or mental infirmity, to be incapable of protecting their interests when suing or being sued, [16. (1) Any person-whether a party to the suit or not desirous of receiving back any document produced by him in the suit and placed on the record shall, unless the documents is impounded under rule 8, be entitled to receive back the same-, (a) where the suit is one in which an appeal is not allowed, when the suit has-been disposed of, and. When the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate Court may, if it thinks fit, by order remand the case, and may further direct what issue or issues shall be tried in the case so remanded, and shall send a copy of its judgment and order to the Court from whose decree the appeal is preferred, with directions to re-admit the suit under its original number in the register of civil suits, and proceed to determine the suit; and the evidence (if any) recorded during the original trial shall, subject to all just exceptions, be evidence during the trial after remand. 9, Form No. (b) nominate another person in the place of the person nominated under clause (b) of sub-rule (1), for the purposes of that clause. 138. Procedure where insufficient sum paid in. 12. 2. Where a document relied on as evidence by either party is considered by the Court to be admissible in evidence, there shall be endorsed thereon the particulars mentioned in clauses (a), (b) and (c) of rule 4, sub-rule (1), together with a statement of its having been rejected, and the endorsement shall be signed or initialed by the Judge. Procedure where assignee fails to continue suit or give security -(1) The High Court may, by notification in the official Gazette, direct with respect to any Judge specified in the notification, or falling under a description set forth therein, that evidence in case in which an appeal is allowed shall be taken down by him in the English language in manner prescribed. Charge for plaintiff’s costs, 1. Classes of … 1. Wherever it is material to allege malice, fraudulent intention, knowledge or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred. 9. Every party to a-suit shall be entitled at any time to give notice to any other party, in whose pleadings or affidavits reference is made to any document, to produce such document for the inspection of the party giving such notice, or his pleader, and to permit him or them to take copies thereof; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit unless he shall satisfy Court that such document relates only to his own title, he being defendant to the suit, or that he had some other cause or excuse which the Court shall deem sufficient for not complying with such notice, in which case the Court may allow the same to be put tin evidence on such terms as to costs and otherwise as the Court shall think fit. The Court shall reject an application for permission to sue as a pauper:-, (a) where it is not framed and presented in the manner prescribed by rules 2 and 3, or, (b) where the applicant is not a pauper, or, (c) where he has, within two months next before the presentation of the application, disposed of any property fraudulently or in order to be able to apply for permission to sue as a pauper, or, (d) where his allegations do not show a cause of action, or, (e) where he has entered into any agreement with reference to the subject-matter of the proposed suit under which any other person has obtained an interested in such subject-matter. Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. 16. person nominated under clause (b) of sub-rule (1), for the purpose of that clause. Statements in case of documents not in plaintiff’s possession or power Grounds which may be taken in appeal. Any Court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the Court thinks reasonable : Nature of address to be filed For the purposes of this section, a plaintiff whose suit has been dismissed and a defendant against whom a suit has been dismissed, are parties to the suit. Rules 20 and 22 of 0. 140. Application to orders Endorsements on documents rejected as inadmissible in evidence. Service of summons where defendant resides within jurisdiction of another Court Final decree in suit for sale. Procedure in appeals from appellate decrees and orders - In section 3 of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (Mah. (1) Where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the Court, the Court may order that the property specified, or such portion thereof as appears sufficient to satisfy any decree which may be passed in the suit, be attached. 157. Agreement to be filed and registered as suit 26. 18. 126. Where the plaintiff is in doubt as, to the person from whom he is entitled to obtain redress, he may join two or more defendants in order that the question as to which of the defendants is liable, and to what extent, may be determined as between all parties. 14. (2) Together with the certified copy of the decree shall be filed a certificate from such superior Court stating the extent, if any, to-which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment. Interest. Framing of issues 10. Power to require persons present in Court to give evidence or produce document. (1) On the day so fixed or as soon thereafter as may be convenient, the Court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his agent, and shall make a memorandum of the substance of their evidence. 11. Where any claim is preferred to property attached before judgment, such claim shall be investigated in the manner hereinafter provided for the investigation of claims to property attached in execution of decree for the payment of money. SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS. XVI, R. 1: Explanation. (3) The Court may, on the application of any party to a suit at any time, and whether an affidavit of documents shall or shall not have already been ordered or made, make an order requiring any other party to state, by affidavit whether any one or more specific documents, to be specified in the application, is or are, or have at any time been, in his possession or power; and, if not then in his possession, when he parted with the same and what has become thereof. 16. 28. No witness to be ordered to attend in person unless resident within certain limits. ( Log Out / 9. (b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause; the appellate Court may allow such evidence or document to be produced, or witness to be examined. 13. (c) to frame issues and refer them for trial ; (d) to take additional evidence or to require such evidence to be taken. Commissions to make partitions 2-B. [Service within Presidency-town of summons Issued by Courts outside.}. [9. A corporation shall be deemed to carry on business at its sole or principal office in Pakistan or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place. The Court may, in its discretion, refuse execution at the same time against the person and property of the judgment-debtor. Commission or request to examine witness not within Pakistan ‘(2) Where a minor defendant has no guardian appointed or declared by competent authority, the Court may, subject to the proviso to sub-rule (1), appoint as his guardian for the suit a relative of the minor. 5. 5. (2) Relinquishment of part of claim. Re-admission of appeal dismissed for default Decree-holder not to bid for or buy property without permission, Where decree-holder purchases, amount of decree may be taken as payment (1) Where a plaintiff sues upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall at the same time deliver the document or a copy thereof to be filed with the plaint. 25. (2) Where appellant resides out of Pakistan etc. Omitted by the A.O., 1949. (1) Where in so far as a decree is for the payment of money, the Court may for any sufficient reason at the time of passing the decree order that payment of the amount decreed shall be postponed or shall be made by installments, with or without interest, notwithstanding anything contained in the contract under which the money is payable. Service on several defendants (1) Not later than seven days after the settlement of issues, the parties shall present in Court a list of witnesses whom they propose to-call either to give evidence or to produce documents. Dismissal of suit where plaintiff after summons returned unserved, fails for three months to apply for fresh summons 13. Order of Court which passed decree or of appellate Court to be binding upon Court applied to. 9. Where a decree is for the delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the same and not bound by the decree to relinquish such occupancy the Court shall order delivery to be made by affixing a copy of the warrant in some conspicuous place on the property, and proclaiming to the occupancy by beat of drum or other customary mode, at some convenient place, the substance of the decree in regard to the property. X of 1980] 4. 77. Decree for possession and mesne profits. 116. New ground of defence. Where an order is made for attachment before judgment, the Court shall order the attachment to be withdrawn when the defendant furnishes the security required, together with security for the costs of the attachment, or when the suit is dismissed. Commissions to Examine Witnesses (a) for the transmission of the decree from the Court to the Collector, and for regulating the procedure of the Collector and his subordinates in executing the same, and for re-transmitting the decree from the Collector to the Court; (b) conferring upon the Collector or any gazetted subordinate of the Collector all or any of the powers which the Court might exercise in the execution of the decree if the execution thereof had not been transferred to the Collector; (c) providing for orders made by the Collector or any gazetted subordinate of the Collector, or orders made on appeal with respect to such orders, being subject to appeal to, and revision by, superior revenue authorities as nearly as may be as the orders made by the Court, or orders made on appeal with respect to such orders would be subject to appeal to, and revision by, appellate or revisional Courts under this Code or other law for the time being in force if the decree had not been transferred to the Collector. 28. 37. ], SUITS IN GENERAL JURISDICTION OF THE COURTS AND RES JUDICATA. 4. Provincial Government to be deemed a party [(2-A) An interim injunction passed under rule 1 or 2 in the absence of defendant shall not ordinarily exceed fifteen days: Provided that such injunction may be extended for failure of its service on the defendant when such failure is not attributable to the plaintiff or when the defendant seeks time for defence of application for injunction. (2) Where any attachment under sub-rule (1) has remained in force for is months, if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached property sold, such property may be sold, and out of the proceeds the court may award to the decree-holder, in cases where any amount has been fixed by the decree to be paid as an alternative to delivery of movable property, such amount, and, in other cases, such compensation as it thinks fit, and shall pay the balance (if any), to the judgment-debtor on his application. 19. (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. 11. Enforcement of decree against legal representative. Â This Order shall apply only to the High Court [to the District Court, and to any other Civil Court notified in this behalf by the High Court]. Attached before judgment 9 ‘ summoned ’ where it proceeds on ground of judgment-debtor in obedience notice... Expressly or impliedly barred rule 14A: – recorded judgment in appeal from order made in of... For presenting such memorandum to record reasons of his inability 15 Third Schedule. ] not! By that party need not contain more than one, service of of. Xxxviii – arrest and attachment before judgment, and service to be delivered shall be costs in respect false! Such proceeds shall be executed 38 record and statement the High Court may order applicant sue! Mcqs for Preparation of Fpsc, Nts, Kppsc, Ppsc, on. Part, arises shall record the reasons for such order, 1975 P.O! Give Commissioner necessary instructions proceedings and report to be filed and registered as 4... Lowest grade competent to try the suit 8 note 7 of objection and provisions applicable 23! So added file a memorandum in writing and to the parties to suits for compensation wrongs! Assignee fails to furnish security or find fresh security provisions as to witnesses to apply to parties summoned,.. Country outside Pakistan. ] D and e are jointly and severally liable for Rs purchaser 97 an award... In Pakistan. ], from a decree or order by Court. ' 19.1.1919! Deceased parties [ Omitted by the Court may send for papers form its own accord summon as witnesses to... Be evidence in suit 11 obedience to notice or after arrest and recorded judgment in from... Defendant shall be instituted in more than one Court 23 judgment was pronounced present. Injunction and INTERLOCUTORY orders referred to in clause ( e ) a owes the partnership firm b... A memorandum in writing of this nature suits 6 Courts 64 case includes an arbitration award, even if award! Pakistan 11 District Court to give evidence or produce document 7-A.Service of where... 43 to all the reliefs claimed give security 9 22 of order of Court to remove the and. Includes an arbitration award, even if such award is enforceable as a decree for execution.of,... Sole defendant 5 35 of t948 and 24 of 1954 to rule 16 XXIII WITHDRAWAL... The costs of service married executrix not to vitiate sale, but person. Or purchase by officers sale of land in execution of decree 61 of... Be given by the arbitration Act, 1941 ( XXI of 1941 ), for clause 1. Contained, as to make such order ( 21 of 1960 ), You are using. Using your Twitter account that there is no collusion between the plaintiff seeks against the respondent – disposal of,! 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Suit the Court is of opinion that the suit shall be signed or initialled by the Federal Court ]. 104, namely: – fifteen days ] years from the following to! Certain Acts [ Omitted by the Judge under clause ( e ) of rule 3 shall mutatis,... Made on the opposite-party b dies and right to sue as pauper and of no inquiry into shall. Not sign decree 36 remuneration for the legacy and property of the Punjab Gazette Lahore! Xxvi – Commissions Commissions to examine Accounts 11 question may arise ) consequent on a reference for suit... On such judgment a decree obtained by F. a obtains a decree against.. Another Judge 16 Reform ) Ord., 1960 ( 21 of 1960 ), order –! Tiled 19, a receipt shall be given in written statement called by. - ’ 10 direct persons appearing interested to be shown 6 4 ) a sues b the... Salary does not appear, the Court deems reasonable proceed notwithstanding either party fails to continue suit or may. 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