CHAPTER 33 ARRANGEMENT OF SECTIONS - …

1 1 _____ CHAPTER 33 _____ THE civil PROCEDURE CODE [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Title section PART IA PRELIMINARY PROVISIONS 1. Short title. 2. Application. 3. Interpretation. 4. Subordination of courts. 5. Saving of procedure prescribed in other laws. 6. Pecuniary jurisdiction. PART I JURISDICTION OF COURTS AND RES JUDICATA 7. Jurisdiction of courts. 8. Stay of suit. 9. Res judicata. 10. Bar to further suit. 11. When foreign judgment not conclusive. 12. Presumption as to foreign judgment. Place of Suing 13. Court in which suits may be instituted. 14. Suits to be instituted where subject matter situate. 15. Suits for immovable property situate within jurisdiction of different courts. 16. Place of institution of suit where local limits of jurisdiction of courts are uncertain.

2 17. Suits of compensation for wrongs to person or movables. 18. Other suits to be instituted where defendant resides or cause of action arises. 19. Objections to jurisdiction. 20. Power to transfer suits which may be instituted in more than one court. 2 21. General power of transfer and withdrawal. Institution of Suits 22. Institution of suits. Summons and Discovery 23. Summons to defendant. 24. Service of summons where defendant resides outside jurisdiction of court. 25. Power to order discovery and the like. 26. Summons to witness. 27. Penalty for default. Judgment and Decree 28. Judgment and decree. Interest 29. Interest on judgment debts. Costs 30. Costs. PART II EXECUTION General 31. Application to orders. 32. Definition of "court which passed a decree". Courts by which Decrees may be Executed 33.

3 Courts by which decrees may be executed. 34. Transfer of decree. 35. Result of execution proceedings to be certified. 36. Powers of court in executing transferred decree. 37. Precepts. Questions to be Determined by Court Executing Decree 38. Question to be determined by the court executing decree. Limit of Time for Execution 3 39. Execution barred in certain cases. Transferees and Legal Representatives 40. Transferee. 41. Legal representative. Procedure in Execution 42. Powers of court to enforce execution. 43. Enforcement of decree against legal representative. Arrest and Detention 44. Arrest and detention. 45. Subsistence allowance. 46. Detention and release. 47. Release on grounds of illness. Attachment 48. Property liable to attachment and sale in execution of decree. 49. Seizure of property in dwelling house.

4 50. Property attached in execution of decrees of several courts. Sale 51. Private alienation of property after attachment to be void. 52. Purchaser's title. 53. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff. Distribution of Assets 54. Proceeds of execution sale to be rateably distributed among decree- holders. Resistance to Execution 55. Resistance to execution. 4 PART III INCIDENTAL PROCEEDINGS Commissions 56. Power of court to issue commissions. 57. Commission to another court. 58. Letter of request. 59. Commissions issued by foreign courts. PART IV SUITS IN PARTICULAR CASES Suits against Public Officers 60. Exemption from arrest and personal appearance of public officers. Suits by Aliens and Foreign States 61. When aliens may sue.

5 62. When foreign State may sue. Interpleader 63. Where interpleader suit may be instituted. PART V SPECIAL PROCEEDINGS Arbitration 64. Arbitration Special Case 65. Power to state case for opinion of court. Suits relating to Public Matters 66. Public nuisance. 67. Public charities. PART VI SUPPLEMENTAL PROCEEDINGS 68. Supplemental proceedings. 5 69. Compensation for obtaining arrest, attachment or injunction on insufficient grounds. PART VII APPEALS Appeals from Decrees 70. Appeal from original decree. 71. Appeal from final decree where no appeal from preliminary decree. 72. Decision where appeal heard by two or more judges. 73. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction. Appeals from Orders 74. Orders from which appeals lie.

6 75. Other orders. General Provisions relating to Appeals 76. Powers of the High Court on appeal. PART VIII REFERENCE, REVIEW AND REVISION 77. Reference to High Court. 78. Review. 79. Revision. PART IX RULES 80. Application of rules in First and Second Schedules. 81. Powers of Chief Justice to make rules. 82. Matters for which rules may provide. PART X MISCELLANEOUS PROVISIONS 83. Courts to respect privacy of women enjoined by religion or custom. 84. Arrest other than in execution of decree. 85. Exemption from arrest under civil process. 86. Procedure where person to be arrested or property to be attached is outside jurisdiction. 87. Assessors in causes of salvage, etc. 6 88. Orders and notices to be in writing. 89. Application for restitution. 90. Enforcement of liability of surety.

7 91. Proceedings by or against representatives. 92. Consent or agreement by persons under disability. 93. Enlargement of time. 94. Transfer of business. 95. Saving of inherent powers or court. 96. Amendments of judgments, decrees or orders. 97. General power to amend. PART XI REPEAL AND TRANSITIONAL PROVISIONS [Omitted.] 101. Forms. _____ FIRST SCHEDULE _____ THE civil PROCEDURE RULES 1A. Citation. ORDER I: PARTIES TO SUITS (a) Joinder of Parties 1. Who may be joined as plaintiffs. 2. Power of court to order separate trials. 3. Who may be joined as defendants. 4. Court may give judgment for or against one or more of joint parties. 5. Defendant need not be interested. 6. Joinder of parties liable on same contract. 7. When plaintiff in doubt, from whom redress is to be sought. 8.

8 One person may sue or defend on behalf of all in same interest. 9. Misjoinder and non-joinder of parties. 10. Suit in name of wrong plaintiff. 11. Conduct of suit. 12. Appearance of one of several plaintiffs or defendants for others. 13. Objections as to non-joinder or misjoinder. 7 (b) Third Party Procedure 14. Leave to file third party notice. 15. Contents of notice. 16. Service of notice on third party and other parties to the suit. 17. Defence by third party. 18. Directions. 19. Judgment against third party in default. 20. Costs. 21. Provisions of the Code and Law of Limitation to apply to third party proceedings. 22. A third party may present a third party notice. 23. Co-defendant as a third party. ORDER II FRAME OF SUIT 1. Frame of suit. 2. Suit to include the whole claim, relinquishment of part of claim, and omission to sue for one of several reliefs.

9 2A. [Omitted.] 3. Joinder of causes of action. 4. Only certain claims to be joined for recovery of immovable property. 5. Claims by or against executor, administrator or heir. 6. Power of court to order separate trials. 7. Objections as to misjoinder of causes of action. ORDER III: RECOGNISED AGENTS AND ADVOCATES 1. Appearances, etc., may be in person, by recognised agent or by advocate. 2. Recognised agents. 2A. Certification by the Council for Legal Education. 3. Service of process on recognised agent. 4. Advocate to produce written authority when required. 5. Service of process on advocate. 6. Agent to accept service and appointment to be in writing and to be filed in court. ORDER IV: INSTITUTION OF SUITS 1. Suit to be commenced by plaint. 2. Register of suits. 3. Instituted suits to be assigned within four days.

10 8 ORDER V: ISSUE AND SERVICE OF SUMMONS Issue of Summons 1. Summons. 2. Summons to be signed and sealed. 3. Copy of plaint. 4. Further directions in summons to appear. 5. Appearance of defendant. 6. Fixing day for appearance. 7. Personal appearance of the parties. 8. No party to be ordered to appear in person unless resident within certain limits. Service of Summons 9. Delivery or transmission of summons for service. 10. Mode of service. 11. Service on several defendants. 12. Service to be on defendant in person when practicable or on his agent. 13. Service on agent by whom defendant carries on business. 14. Service on agent in charge in suits for immovable property. 15. Where service may be made on any adult member of defendant's family. 16. Person served to sign acknowledgement. 17.