Bare Act Search Results

Code of Civil Procedure, 1908 Rule 1 to 7

Title: Frame of Suit

State: Central

Year: 1908

.....that the joinder of causes of action in one suit may embarrass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient in the interests of justice.] 7 . Objections as to misjoinder All objections on the ground of misjoinder of causes of action shall be taken at the earliest possible opportunity and, in all cases where issues are settled, at or before such settlement unless the ground of objection has subsequently arisen, and any such objection not so taken shall be deemed to have been waived. _____________________ 1. Substituted Act by 104 of 1976, section 53, for rule 6 (w.e.f. 1-2-1977).

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. SECTION 35: COSTS (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the court directs that any costs shall not follow the event, the court shall state its reasons in.....

Code of Civil Procedure, 1908 Rule 1 to 13

Title: Plaint

State: Central

Year: 1908

.....is a minor or a person of unsound mind, a statement to that effect; (e) the facts constituting the cause of action and when it arose; (f) the facts showing that the Court has jurisdiction ; (g) the relief which the plaintiff claims; (h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished ; and (i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits. 2. In money suits Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed: But where the plaintiff sues for mesne profits, or for an amount which will be found due to him on taking unsettled accounts between him and the defendant, 1 [or for movables in the possession of the defendant, or for debts of which the value he cannot, after the exercise of reasonable diligence, estimate, the plaint shall state approximately the amount or value sued for]. 3. Where the subject-matter of the suit is immovable property Where the subject-matter of the suit is immovable property, the plaint shall contain a description of the.....

Code of Civil Procedure, 1908 Appendix A

Title: Pleadings

State: Central

Year: 1908

.....the matters in respect of which particulars have been ordered) deliveredpursuant to the order of ..... the .....of ..... (Hereset out the particulars ordered in paragraphs, if necessary.) ___________________ 1. Substituted by A.O. 1950, for "The Secretary of State or the Federation of India or the Province of............, as the case maybe." 2. Substituted by Act 104 of 1976, section 93, for paragraph 2 (w.e.f. 1-2-1977). 3. Not applicable where suit is instituted by the Advocate-General. 4. Substituted by Act 104 of 1976 section 93, for "a decree for the balance" (w.e.f. 1-2-1977). 5. Added by Act 104 of 1976, section 93 (w.e.f. 1-2-1977). 6. See now the Limitation Act, 1963 (36 of 1963). 7. See now the Indian Succession Act, 1925 (39 of 1925).

Code of Civil Procedure, 1908 Rule 1 to 10

Title: Written Statement, Set-off and Counter-claim

State: Central

Year: 1908

.....by the Act 22 of 2002, section 9 (w.e.f. 1-7-2002). 2. Inserted by Act 46 of 1999, section 18(ii) (w.e.f. 1-7-2002). 3. Substituted by Act 22 of 2002, section 9(ii), for sub-rule (3) (w.e.f. 1-7-2002). 4. Rule 5 renumbered as sub-rule (1) of that rule by Act 104 of 1976, section 58(iii) (w.e.f. 1-2-1977). 5. Inserted by Act 104 of 1976, section 58(iv) (w.e.f. 1-2-1977). 6. Inserted by Act 14 of 1976, section 58(v) (w.e.f. 01.02.1977). 7. Substituted by Act 22 of 2002, section 9, for rules 9 and 10 (as they stood immediately before their omission by clause (v) of section 18 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999). 8. Inserted by Act 104 of 1976, section 58(vi) (w.e.f. 01.02.1977). 9. Rule 8A was earlier inserted by Act 104 of 1976, section 58(vii) (w.e.f. 01.02.1977).

Code of Civil Procedure, 1908 Rule 1 to 7

Title: Summary Procedure

State: Central

Year: 1908

.....suit. (5) The defendant may, at any time within ten days from the service of such summons for judgment, by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms as may appear to the Court or Judge to be just: Provided that leave to defend shall not be refused unless the Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous or vexatious: Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due is deposited by the defendant in Court. (6) At the hearing of such summons for judgment,-- (a) if the defendant has not applied for leave to defend, or if such application has been made and is refused, the plaintiff shall be entitled to judgment forthwith; or (b) if the defendant is permitted to defend as to the whole or.....

Code of Civil Procedure, 1908 Part IV

Title: Suits in Particular Cases

State: Central

Year: 1908

.....prosecute or defend any suit on behalf of such Ruler, and any persons so appointed shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code may be made or done on behalf of such Ruler. (2) An appointment under this section may be made for the purpose of a specified suit or of several specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or defend on behalf of such Ruler. (3) A person appointed under this section may authorise or appoint any other persons to make appearances and applications and do acts in any such suit or suits as if he were himself a party thereto. Section 86 - Suits against foreign Rulers, Ambassadors and Envoys (1) No 1 [***] foreign State may be sued in any Court otherwise competent to try the suit except with the consent of the Central Government certified in writing by a Secretary to that Government: Provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid 2[a foreign State] from whom he holds or claims to hold the property. (2) Such consent may be given with respect to a specified suit or to several.....

Code of Civil Procedure, 1908 Rule 1 to 12

Title: Death, Marriage and Insolvency of Parties

State: Central

Year: 1908

.....within the period specified in the said Act, the Court shall, in considering the application under the said section 5, have due regard to the fact of such ignorance, if proved.] 2[4A. Procedure where there is no legal representative (1) If, in any suit, it shall appear to the Court that any party who has died during the pendency of the suit has no legal representative, the Court may, on the application of any party to the suit, proceed in the absence of a person representing the estate of the deceased person, or may by order appoint the Administrator-General, or an officer of the Court or such other person as it thinks fit to represent the estate of the deceased person for the purpose of the suit; and any judgment or order subsequently given or made in the suit shall bind the estate of the deceased person to the same extent as he would have been bound if a personal representative of the deceased person had been a party to the suit. (2) Before making an order under this rule, the Court-- (a) may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate of the deceased person as it thinks fit; and .....

Code of Civil Procedure, 1908 Section 80

Title: Notice

State: Central

Year: 1908

.....relief claimed by the plaintiff had been substantially indicated. _______________________ 1. Section 80 renumbered as sub-section (1) of that section by Act 104 of 1976, section 27(a) (w.e.f. 1-2-1977). 2. Substituted by Act 104 of 1976, section 27(a), for "No suit shall be instituted" (w.e.f. 1-2-1977). 3. Substituted by Act 26 of 1963, section 3, for "shall be instituted against the Government" (w.e.f. 5-6-1964). The words in italics were substituted by the A.O. 1948 for "instituted against the Crown". 4. Substituted by the A.O. 1937, "in the case of the Secretary of State in Council, delivered to, or left at the office of a Secretary to the L.G. or the Collector of the district". 5. Inserted by Act 6 of 1948, section 2. 6. Clause (aa) Inserted by Act 6 of 1948, section 2. 7. Clause (aa) relettered as clause (b) and the Former clause (b) omitted by the A.O. 1948. 8. Inserted by Act 26 of 1963, section 3 (w.e.f. 5-6-1964). 9. Substituted by Act 26 of 1963, section 3, for "a State Government" (w.e.f. 5-6-1964). 10. The Word "and" omitted by the A.O. 1948. 11. Clause (d) omitted by the A.O. 1948. 12. Inserted by Act 104 of 1976, section 27(b) (w.e.f......

Code of Civil Procedure, 1908 Rule 58 to 63

Title: Adjudication of Claims and Objections

State: Central

Year: 1908

.....; or (d) pass such order as in the circumstances of the case it deems fit. (4) Where any claim or objection has been adjudicated upon under this rule, the order made thereon shall have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree. (5) Where a claim or an objection is preferred and the Court, under the proviso to sub-rule (1), refuses to entertain it, the party against whom such order is made may institute a suit to establish the right which he claims to the property in dispute ; but, subject to the result of such suit, if any, an order so refusing to entertain the claim or objection shall be conclusive.] 2 [59. Stay of sale Where before the claim was preferred or the objection was made, the property attached had already been advertised for sale, the Court may-- (a) if the property is movable, make an order postponing the sale pending the adjudication of the claim or objection, or (b) if the property is immovable, make an order that, pending the adjudication of the claim or objection, the property shall not be sold, or, that pending such adjudication, the property may be sold but the sale shall not be.....