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Code of Civil Procedure, 1908 Rule 1 to 19

Title: Hearing of the Suit and Examination of Witnesses

State: Central

Year: 1908

.....in open Court, direct their statements to be recorded on commission under rule 4A of Order XXVI.] __________________________ 1. Inserted by Act 22 of 2002, section 12(a) (w.e.f. 1-7-2002). 2. Sub-rule (4) inserted by Act 104 of 1976, section 69(i) (w.e.f. 1-2-1977) and omitted by Act 46 of 1999, section 27(i) (w.e.f. 1-7-2002). 3. Inserted by Act 104 of 1976, section 69(ii) (w.e.f. 1-2-1977). 3i. Inserted by Act 104 of 1976, Section 69(iv) (w.e.f. 01.02.1977). 3ii. Rule 17A was earlier inserted by Act 104 of 1976, section 69(vii) (w.e.f. 01.02.1977). 3iii. Inserted by Act 104 of 1976, section 69(ix) (w.e.f. 01.02.1977). 4. Substituted by Act 46 of 1999, section 27, for rule 4. 5. Substituted by Act 22 of 2002, section 12(b), for rule 4 as substituted by clause (ii) of section 27 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999) (w.e.f. 1-7-2002). 6. Substituted by Act 104 of 1976, section 69(iii), for rule 5 (w.e.f. 1-2-1977). 7. The provisions of rules 5, 6, 7, 8, 9, 11, 13, 14, 15 and 16, so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see the Oudh Court Act, 1925 (U.P. 4 of 1925,.....

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Indian Ports Act, 1908 Section 6

Title: Power to Make Port-rules

State: Central

Year: 1908

.....shall be construed to affect the validity of any rule in force immediately before the commencement of the Indian Ports Act, 1889, and continued by Section 2, Sub-section (2), of that Act. 12 [(2A) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made, before the State Legislature. (2B) Every rule made by the Central Government under this Act shall be laid as House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid both the House agree any modification in the order or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] (3) If any person disobeys any rule made under Clause (p) of Sub-section (1), he shall be punishable for every such offence with fine which may extend to one.....

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Code of Civil Procedure, 1908 Rule 16 to 29

Title: Procedure of Hearing

State: Central

Year: 1908

.....appealed from Where the Court from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right decision of the suit upon the merits, the Appellate Court may, if necessary, frame issues, and refer the same for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such Court to take the additional evidence required ; and such Court shall proceed to try such issues, and shall return the evidence to the Appellate Court together with its findings thereon and the reasons therefor 1d[within such time as may be fixed by the Appellate Court or extended by it from time to time]. 26. Findings and evidence to be put on record--Objections to finding (1) Such evidence and findings shall form part of the record in the suit; and either party may, within a time to be fixed by the Appellate Court, present a memorandum of objections to any finding. (2) Determination of appeal.--After the expiration of the period so fixed for presenting such memorandum the Appellate Court shall proceed to determine the appeal. 1e[26A. Order of.....

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Code of Civil Procedure, 1908 Rule 30 to 34

Title: Judgment in Appeal

State: Central

Year: 1908

.....Court decides in favour of X. It has power to pass a decree against Y. 34. Dissent to be recorded Where the appeal is heard by more judges than one, any judge dissenting from the judgment of the Court shall state in writing the decision or order which he thinks should be passed on the appeal, and he may state his reasons for the same. __________________________ 1. Rule 30 re-numbered as sub-rule (1) of that rule by Act 104 of 1976, section 87(xv) (w.e.f. 1-2-1977). 2. Inserted by Act 104 of 1976, section 87(xv), (w.e.f. 1-2-1977). 2a. Inserted by Act 104 of 1976, section 87(xvi), (w.e.f. 1-2-1977). 3. Inserted by Act 9 of 1922, section 4 which under section 1(2) thereof, may be brought into force in any State by the State Government on any specified date. The Act has been brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P. Assam, Orissa, and Tamil Nadu.

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Code of Civil Procedure, 1908 Rule 1 to 9

Title: Review

State: Central

Year: 1908

.....the appellant, or when; being respondent, he can present to the Appellate Court the case on which he applies for the review. 1 [Explanation.--The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior Court in any other case, shall not be a ground for the review of such judgment.] 2. To whom applications for review may be made [Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), section 14 (w.e.f. 1-1-1957).] 3. Form of applications for review The provisions as to the form of preferring appeals shall apply mutatis mutandis, to applications for review. 4. Application where rejected (1) Where it appears to the Court that there is not sufficient ground for a review, it shall reject the application. (2) Application where granted.--Where the Court is of opinion that the application for review should be granted, it shall grant the same : Provided that-- (a) no such application shall be granted without previous notice to the opposite party, to enable him to appear and be heard in support of the decree or order, a review of which is applied.....

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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).

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Code of Civil Procedure, 1908 Appendix B

Title: Process

State: Central

Year: 1908

.....to you and the plaintiff has appeared in this Court and you did not so appear, but from the return of the Nazir it has been proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time to enable you to appear and answer on the day fixed in the said summons ; Notice is hereby given to you that the hearing of the suit is adjourned this day and that the ...... day of ..... 19..../20....., is now fixed for the hearing of the same; in default of your appearance on the last mentioned the suit will be heard and determined in your absence. given under my hand and the seal of the Court, this ..... day of .....19...../20..... Judge. No. 13 summons to witness (O. XVI, rr. 1, 5) (Title) To ....................................... [Name, description and place of residence] whereas your attendance is required to ............................................. on behalf of the .................................................................................... in the above suit, you are hereby required [personally] to appear before this Court on the ............... day of................ 19....../20....., at ................

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Code of Civil Procedure, 1908 Appendix E

Title: Execution

State: Central

Year: 1908

.....order be sent to ..... with a copy of the decree and of any order which may have been made for execution of the same and a certificate of non-satisfaction. Dated the .................. day of ................... 19......../20.... . Judge No. 4 certificate of non-satisfaction of decree (Title) Certified that no* satisfaction of the decree of this Court in suit No. ..... of 19..../20...., a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court. Dated the ................. day of ..................... 19........./20.... . Judge No. 5 certificate of the execution of decree transferred to another court (0.21.1.6.) (Title) No. of Suit and the Court by which the decree was passed Names if parties Date of application for excution Number of the execution case Process issued and dates of service thereof Costs of execution Amount realized How the case disposed of Remarks 1 2 3 4 5 6 7 8 9 .....

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Code of Civil Procedure, 1908 Appendix H

Title: Miscellaneous

State: Central

Year: 1908

.....of parties as to issues to be tried (Order XIV, rule 6) (Title) whereas we, the parties in the above suit, are agreed as to the question of fact [or of law] to be decided between us and the point at issue between us is whether a claim founded on a bond, dated the ..................... day of..................... 19........./20....,and filed as Exhibit..................... in the said suit, is or is not beyond the statute of limitation (or state the point at issue whatever it may be): We therefore severally bind ourselves that, upon the finding of the Court in the negative [or affirmative] of such issue, ..................... will pay to the said ..................... the sum of Rupees ..................... (or such sum as the Court shall hold to be due thereon), and I, the said ..................... , will accept the said sum of Rupees ..................... (or such sum as the Court shall hold to be due) in full satisfaction of my claim on the bond aforesaid [or that upon such finding I, the said ..................... ., will do or abstain from doing, etc.] .....................................................................................................Plaintiff......

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Code of Civil Procedure, 1908 Appendix G

Title: Appeal, Reference and Review

State: Central

Year: 1908

.....on the .................... day of .................... 19 ............ the .................... files this memorandum of cross objection under rule 22 of Order XLI of the Code of Civil Procedure, 1908, and sets forth the following grounds of objection to the decree appealed from, namely:- ...................................................................................................................... ...................................................................................................................... No.9 DECREE IN APPEAL (O. XLI, r. 35) (Title) Appeal No. .................... of 19 ............ from the decree of the Court of .................... dated the .................... day of .................... 19.... Memorandum of Appeal .............................................................................................................Plaintiff. .............................................................................................................Defendant. The ....................above-named appeals to the ............................. Court at .................... from the decree of............................ in the.....

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