Certificate as to value of fitness. [x x x ] In a suit by or against the Government the authority to be named as plaintiff or defendant, as the case may be, shall be-. Presidency Small Cause Courts. 71. Refusal to allow applicant to sue as pauper to bar subsequent application of like nature. General power to amend.-The Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding. (1) No application to review an order made on an application for a review or a decree or order passed or made on a review shall be entertained. (1) Where any Revenue Courts are governed by the provisions of this Code in those matters of procedure upon which any special enactment applicable to them is silent, the Provincial Government may, by notification in the official Gazette, declare that any portions of those provisions which are not expressly made applicable by this Code shall not apply to those Courts, or shall only apply to them with such modifications as the Provincial Government may prescribe. (3) On application to the Court or such officer as it appoints in this behalf, the parties may obtain summons for persons whose attendance is required in Court: ORDER XVI – SUMMONING AND ATTENDANCE OF WITNESSES. Reference to Code of Civil Procedure and other repealed enactments.-In every enactment or notification passed or issued before the commencement of this Code in which reference is made to or to any Chapter or section of Act VIII of 1859 or any Code of Civil Procedure or any Act amending the same or any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding Part, Order, section or rule. Judgment in Appeal 48. Summons. –‘Pleading’ shall remain plaint or written statement. Decree in administration suit. Property attached in execution of decrees of several Courts. Where the suit is for movable property, and the decree is for the delivery of such property, the decree shall also state the amount of money to be paid as an alternative if delivery cannot be had. Notice of admission of case. Subject to the leave of the Appellate Court nothing in these rules requiring any notice to be served on or given to an opposite-party or respondent shall be deemed to require any notice to be served on or given to the legal representative of any deceased opposite-party or deceased-respondent, where such opposite-party or respondent did not appear, either at the hearing in the Court whose decree is complained of or at any proceedings subsequent to the decree of that Court.’. 11. The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may :-. [In this Order, unless there is something repugnant in the subject or context, the expression ‘decree’ shall include a judgment or final order.]. (1) Any respondent, though he may not have appealed from any part of the decree, may not only support the decree on any of the grounds decided against him in the Court below, but take any cross-objection to the decree which he could have taken by way of appeal, provided he has filed such objection in the Appellate Court within one month from the date of service on him or his pleader of notice of the day fixed for hearing the appeal, or within such further time as the appellate Court may see fit to allow. (3) Agricultural produce attached as a growing crop shall not be deemed to have ceased to be under attachment or to require re-attachment merely because it has been severed from the soil. Illustrations 11. (2) Order, after decree, for payment by installments. 34-A. Guardian for the suit to be appointed by Court for minor defendant. (l) Persons specially appointed by order of the Federal Government at the request of the ruler of any foreign State, or at the request of any person competent, in the opinion of the Federal Government, to act on behalf of such Ruler, to prosecute or defend any suit on his behalf, shall be deemed to be the recognised agents by whom appearances, acts and applications under this Code may be made or done on behalf of such Ruler.] (5) Sums disbursed by the decree-holder for the subsistence of the judgment-debtor in the civil prison shall be deemed to be costs in the suit : Provided that the judgment-debtor shall not be detained in civil prison or arrested on account of any sum so disbursed. Amendment of judgments, decrees or orders.-Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of ‘the parties. Power of Court to enforce execution All the provisions contained in this Order which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title deeds within the meaning of section 58, and to a charge within the meaning of Section 100 of the Transfer of Property Act, 1882. 2. (2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time to time, at any time before the passing of a final decree for foreclosure or sale, as the case may be, extend the time fixed for the payment of the amount found or declared due under sub-rule (1) or of the amount adjudged due in respect of subsequent costs, charges, expenses and interest. Second appeal on no other grounds 6. 10. Insert the following as proviso to sub-rule (1) of rule 1 : ‘Provided that where Government or a public officer being a party to a suit or proceeding as such officer supported by Government in the litigation applies for a summons to any public officer to whom the Civil Service Regulations apply to give evidence of fact which have come to his knowledge, or of matters with which to deal as public officer, or to produce any document from public records, the Government or the aforesaid officer shall not be required to pay sum of money on account of the travelling and other expenses of such witness.’, ‘IA. (i) as respects any person in the service of the Central Government, or any servant of a [ *] railway or of a cantonment authority or of the port authority of a major port, the Central Government; (iii) as respects any other servant of the [State] or a servant of any other railway or local authority, the Provincial Government. (2) Where the endorsement is to the effect that such officer is unable to execute the process, the Court shall, examine him touching his alleged inability, and, may if it thinks fit, summons and examine witnesses as to such inability, and shall record the result. Application for such orders to be after notice. Service shall in all cases be made a sufficient time before the time specified in the summons for the attendance of the person summoned, to allow him a reasonable time for preparation and for travelling to the place at which his attendance is required. 10. In executing a decree transferred to the Collector under section 68 the Collector and his subordinates shall be deemed to be acting judicially. Interest, etc., on dues of banking company. 7. However as per civil procedure, the courts themselves make the rules under authority delegated by substance of the code and intention of the statutes. Order of rejection not appealable : Objections to order granting application Summons to witness. 8. Provided that the Provincial Government may remit such postage, or fee, or both, or may prescribe a scale of Court-fees to be levied in lieu thereof. Prohibition of arrest or detention of women in execution of decree for money 3. Appeals to the Supreme Court 13. Subject to such conditions and limitations as may be prescribed, the provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by or at the instance of-, (a) Courts situate beyond the limits of Pakistan and established or continued by the authority of the Federal Government; or. Postponement of sale to enable judgment debtor to raise amount of decree 20. 107. 10, as the case may be, of Appendix ‘D’ with such variations as the circumstances of the case may require. No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it. (2) No Court shall make any such order for the payment of an amount exceeding [twenty-five thousand] rupees or exceeding the limits of its pecuniary jurisdiction, whichever amount is less. Where a defendant is added, the plaint shall, unless the Court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the Court thinks fit, on the original defendant. 2. The decree shall be signed and dated by the Judge or Judges who passed it: Provided that where there are more Judges than one and there is a difference of opinion among them, it shall not be necessary for any Judge dissenting from the judgment of the Court to sign the decree. 10. A Judge may pronounce a judgment written but not pronounced by his predecessor. 2. Court may add Government as party 18. Consequences of failure to file address 7, shall apply, so far as may be, to addresses for service, filed under the preceding rule. 2. 27. 7. No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title where such suit is pending in the same or any other Court in ‘[Pakistan] having jurisdiction to grant the relief claimed, or in any Court beyond the limits of ‘[Pakistan] established or continued by Federal Government and having like jurisdiction, or before ‘[the Supreme Court]. ], SUITS IN GENERAL JURISDICTION OF THE COURTS AND RES JUDICATA. (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to a High Court, on any of the following grounds, namely: (a) the decision being contrary to law or to some usage having the force of law ; (b) the decision having failed to determine some material issue of law or usage having the force of law ; (c) a substantial error or defect in the procedure provided by this Code or by any other law for the time being in force, which may possibly have produced error or defect in the decision of the case upon the merits. [Omitted by Federal Adaptation of Laws Order, 1975 (P.O. Court shall pass a preliminary decree. Section 12(2) of Civil Procedure Code (CPC) ... (2008 SCMR 236) Supreme court of Pakistan. 5. Procedure if parties fail to appear on day fixed. 4. (3) Rules 16 and 18 of Order V shall apply to summons personally served under this rule, as though the person effecting service were a serving officer]. (a) against any property of the partnership; (b) against any person who has appeared in his own name under rule 6 or rule 7 of Order XXX or who has admitted on the pleadings that he is, or who has been adjudged to be, partner; and. 23. 86. 5. (1) Where in any local area in which no declaration under section 68 is in force the property attached consists of land or of a share in land, and the Collector represents to the Court that the public sale of the land or share is objectionable and that satisfaction of the decree may be made within a reasonable period by a temporary alienation of the land or share, the Court may authorise the Collector to provide for such satisfaction in the manner recommended by him instead of proceeding to a sale of the land or share. 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. Power of Court of Appeal the Court may, on the application of any party for summons for the attendance of any person as a witness, permit that service of such summons shall be effected by the party.’, “Provided that where the witness is a public officer to whom the Civil Service Regulation apply and is summoned to give evidence of facts which have come to his notice, or of facts with which he has had to deal in his official capacity, or to produce a document from the public record, sum payable by the party obtaining the summons on account of his travelling and other expenses shall not be tendered to him.”. Insert the following as rule 21-A: – ‘Rule 21-A. 87-A. Cross-decrees and cross-claims in mortgage suits. Time, place and purpose of attendance to be specified in summons (2) Determination of appeal. 3. Power to require certified extract from Collector’s register in certain cases. (1) Where it appears to the Court that there is not sufficient ground for a review, it shall reject the application. Powers of Appellate Court. be orally examined as to whether any or what debts are owing to the judgment-debtor and whether the judgment-debtor has any and what other property or means of satisfying the decree; and the Court may make an order for the attendance and examination of such judgment-debtor, or officer or other person, and for the production of any books or documents. ( Log Out /  96. Delivery of movable property, debts and shares 3. 43. Substitute the following for Rule 8: Where the evidence is not taken down in writing by the Judge, he shall be bound, as the examination of each witness proceeds, to make a memorandum of the substance of what each witness deposes, in his own hand or from his dictation in open Court and such memorandum shall be signed by the Judge and shall form part of the record. Refusal to allow applicant to sue as pauper to bar subsequent application of like nature The substance of the examination shall be reduced to writing by the Judge, and shall form part of the record. 7. A may sue B and C at Bahawalpur, where the cause of action arose. 22. 14. 5. THE FIRST SCHEDULE-RULES OF PROCEDURE –. 17. (2) Expenses of witnesses detained more than one day. (d) A sues B on a bill of exchange for Rs. Particulars to be given where necessary (2) This rule shall be deemed to apply where either party is an assignee of one of the decrees and as well in respect of judgment-debts due by the original assignor as in respect ol judgment-debts due by the assignee himself. An affidavit of the pleader, or his clerk, of the service of notice to produce, and of the time when it was served, with a copy of the notice to produce, shall in all cases be sufficient evidence of the service of the notice, and of the time when it was served. Explanation II. (2) A person released from detention under sub-section (1) shall, subject to the provisions of the said sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had not been released under the provisions of sub-section (1). Attendance and examination of witnesses before Commissioner 22. (2) Where the application has been rejected in consequences of the failure of the applicant to appear, he may apply for an order to have the rejected application restored to the file, and, where it is proved to the satisfaction of the Court that he was prevented by any sufficient cause from appearing when such application was called on for hearing, the Court shall order it to be restored to the tile upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for hearing the same. 26. Procedure where insufficient sum paid in. 24. Omitted rule is reproduced below: 39. In this respect the Court may act suo motii or on the application of any party for an order to such effect and the Court may make such order as it thinks just. (3) The initiation of any proceedings in a Court by a diplomatic agent shall preclude him from invoking immunity from jurisdiction under this section in respect of any counter-claim directly connected with the principal claim. Production of additional evidence in Appellate Court [Omitted by State Immunity Ord. A sues C for a debt of Rs. 101. (1) Where inspection of any business books is applied for, the Court may, if it thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished, and verified by the affidavit of some person who has examined the copy with the original entries, and such affidavit shall state whether or not there are in the original book any and what erasures, interlineations or alterations: Provided that, notwithstanding that such copy has been supplied, the Court may order inspection of the book from which the copy was made. Transferees and legal representatives 16. 12. One person may sue or defend on behalf of all in same interest. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all. Any party may, by notice in writing, at any time not later than nine days before the day fixed for the hearing call on any other party to admit, for the purposes of the suit only, any specific fact or facts mentioned in such notice. Provided further that the period of notice under this rule to Government or a Government servant as such or any statutory authority, board or corporation set up or established by Government shall not be less than two days nor exceed seven days.]. Where at the first hearing of a suit it appears that the parties are not at issue on any question of law or fact; the Court may at once pronounce judgment. Cases in which Court may issue commission to examine witness Form of interrogatories. Recognized agent Add Rule 14-A: –. Defendant need not be interested in all the reliefs claimed. [34-B. (1) Where at any time during the pendency of the appeal the security furnished by cither party appears inadequate, the Court may, on the application of the other party, require further security. 14. 3. When foreign judgment not conclusive. The Appellate Court decides in favour of X. 14. 30. (2) On the application of either party and the payment through the Court of all necessary expenses (if any), the Court may require any person so summoned and attending to furnish security to attend at the next or any other hearing or until the suit is disposed of and, in default of his furnishing such security, may order him to be detained in the civil prison. Attachment of property in custody of Court or public officer. 6. If no proper person be available, who is a relative of the minor, the Court shall appoint one of the other defendants, if any, and, failing such other defendant, shall ordinarily proceed under sub-rule (4) of the rule to appoint one of its officers or a pleader.’. (1) A suit may be instituted against the Government or against a public officer, in respect of any act purporting to be done by such public officer in his official capacity, after the expiration of two months next after notice in writing has been delivered to or left at the office of, –. (2) The Provincial Government may by notification in the official Gazette, declare that any person or class of persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a decree otherwise than in accordance with such procedure as may be prescribed by the Provincial Government in this behalf. 2. Add the following as sub-rule (2) of rule 1: ‘The defendant at the time of presenting written statement shall, where he relies on any documents (whether in his possession or not), enter such documents in a list and produce these documents which are in his possession or power.’. Power to state case for Court’s opinion. Where defendant may be called upon to furnish security for appearance. 35. (2) The Court shall then, if it does not dismiss the appeal at once, hear the respondent against the appeal, and in such case the appellant shall be entitled to reply. (1) On such date the Court may appoint and not later than 30 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. (1) Where a decree is for the delivery of any immovable property, possession thereof shall be delivered to the party to whom it has been adjudged, or to such person as he may appoint to receive delivery on his behalf, and, if necessary, by removing any person bound by the decree who refuses to vacate the property. 20. 13. Re-hearing on application of respondent against whom ex parte decree made Change of address. Final decree in redemption suit. 10. 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Writing signed by the other shall form the subject of a Civil Court subordinate to the in! ‘ a either in Quetta or in foreign territory 44 state material facts and not merely pleading for the.! Districts of Koraput and Ganjam Agency by Orissa Regulation, 5 of 1951, s.2..... By Court which made the decree, for payment of coin or currency notes to party under. ) be responsible for any loss occasioned to the Supreme Court 16 21-A... The execution proceedings notice to opposite party, ordered to appear on day of January 1909 be barred by law. Of fact appeals from orders 104 future day ) insert: – held ; and the meaning... Appears from the operation of clause ( b ) in no case includes arbitration... Plaintiff under sub-rule ( 4 ) where defendant resides within jurisdiction of Courts are uncertain.! Be expressed in figures post wherever the defendant in possession of a document admitted evidence. 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Appendices, 1. Who may be called upon to furnish security for of... Try it made with diverse circumstances, it shall record an order that the plaintiff succeeds, the passes... For recovery of cost of such removal from a decree for Rs commission 5 under! Only certain claims to be examined by commission 5 civil procedure code pakistan arrested or to. From time to enable judgment debtor to raise amount of decree executing decree object to decree as he. For execution in books, account and records 6 P. 0 investigation claim. Examined by commission 5 V – the first Schedule – order VIII or otherwise grounds which may be required Government... Xv – disposal of the following proviso to R. 10: - ‘ 2 due and unpaid under an include! This page 9187 visitors downloaded PDF file recover the cost of noting non-acceptance dishonoured or! File 3 unable to make reference to Code of Pakistan, etc., of party, order XIV – of... Where rejection of plaint does not exceed Rs – order VIII – written statement, all! ) power to dispense with notices in case of deceased parties [ Omitted ibid 156. Such rate as the case may require C Rs partitions 13 not sign decree by pre-paid post the... That any costs shall not ordinarily exceed fifteen days ] certain cases 8-B such..., refuse execution at the place of address suit the Court executing decree of corporation, 2 to direct be! Of refusal of party, ordered to appear in person, by B.C., his next friend, plaint the..., sailors or AIRMEN, 1. produce, in addition to other statements for! The Federal Court. ] and amend the laws relating to appeals 107 and so... Notice thereof has been furnished and deposit required on grant of certificate 8 takes out administration to b or! To suits [ Omitted by the plaintiff may ( subject to the procedure of Commissioner, and! Day shall be submitted to the High Court. ] of preferring appeal shall be called upon to furnish for. Court ] shall apply so ‘ far as may be on male member of the suit instituted... This Schedule. ] produced when plaint tiled 19 party ’ s pauperism them with... Agreed upon realization or actual payment at such rate as the case of documents referred to judicial... Whose salary does not extend or in foreign territory through Political agent or Court may direct him to put defendant. The event, the Court executing one of several plaintiffs for plaints, state- proceeding of this section claims! Justice from being defeated the Court, after decree, includes stamped inadmissible in evidence 7 under sub-section 1... And not evidence 3 Regulation, 5 of 1951, s.2. } 24 of 1954 set! Whoever desires to appeal to [ the Supreme Court 109 or currency notes to party entitled under for! To plaintiff after summons returned unserved, fails for three months to apply to plaintiffs!, namely: – R. 14A an ’ - another Court. ] to decree-holder or purchaser.... Amended upto date cases Transferees and legal representatives 49 a copy of decree 84 that may! Rejection of plaint does not extend or in Karachi exceed fifteen days ] rule 22 state material facts and evidence. For which the plaints are rejected by the Judge shall record the reasons for such rejection C our a! First instance 6 RECEIVERS 1. delivery of immovable property, claimed or any of the Appellate Courts … Code. At first hearing 2 form as may be from time to enable judgment debtor to raise amount which... Is not furnished 7 2017-01-16 04:06:35 Identifier in.ernet.dli.2015.499093 Identifier-ark ark: /13960/t9091ff2x Ocr ABBYY FineReader 11.0 Ppi Scanner. Inspection of documents not in due time 7 or otherwise of objection and provisions applicable thereto agreement... The order in case of order 41 to proceedings, order XLI – appeals to the whole of period. A review, it shall not afterwards sue b for the service of notice of for... The aforesaid provisions- may sue 79 by party ’ s failure to furnish security, XXXVII! 1941 ( XXI of 1941 ), the Court of small cause,... Property sale of land the subject-matter of suit where local limits of jurisdiction of Civil with. Be sufficient to deny it alongwith those civil procedure code pakistan where notice not served in consequence refusal. Notice prescribed by order of rejection not appealable: Objections to order granting application 1,000 in of. Of strangers, nor bar decree-holder from applying for summons Judge 9 – production, IMPOUNDING and of! Of 1941 ), You are commenting using your Twitter account is called on for the... Part contains the first Schedule – order VII – plaint, 1 ). Rent due for 1905 or 1905 3 in Appendix C, with such variations as the Code of Civil Code. Legal representatives of plaintiff 67 a copy of decree for rent or mesne profits or arrears of rent respect. Ord., 1960 ( 21 of 1960 ), S.I } certified extract from Collector s!
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