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Code of Civil Procedure, 1908 Complete Act

Title: Code of Civil Procedure, 1908

State: Central

Year: 1908

.....3 Order 49 - Chartered high courts Order 49 Rule 1 to 3 Order 50 - Provincial small cause courts Order 50 Rule 1 Order 51 - Presidency small cause courts Order 51 Rule 1 Appendix A - PLEADINGS Appendix B - PROCESS Appendix C - DISCOVERY, INSPECTION AND ADMISSION Appendix D - DECREES Appendix E - EXECUTION Appendix F - SUPPLEMENTAL PROCEEDINGS Appendix H - MISCELLANEOUS Appendix G - APPEAL, REFERENCE AND REVIEW Schedule 2 - THE SECOND SCHEDULE (Repealed) Schedule 3 - THE THIRD SCHEDULE (Repealed) Schedule 4 - THE FOURTH SCHEDULE (Repealed) Schedule 5 - THE FIFTH SCHEDULE (Repealed) Amending Act 1 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1999 Amending Act 2 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002

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Code of Civil Procedure, 1908 Amending Act 2

Title: Code of Civil Procedure (Amendment) Act, 2002

State: Central

Year: 1908

.....expired before the commencement of the Code of Civil Procedure (Amendment) Act, 2002.". 15. Amendment of the Code of Civil Procedure (Amendment) Act, 1999 In the Code of Civil Procedure (Amendment) Act 1999 (46 of 1999),-- (a) section 30 shall be omitted; (b) in section 32 in sub-section (2),-- (i) clauses (g) and (h) shall be omitted; (ii) for clause (j), the following clause shall be substituted, namely:-- "(j) the provisions of rules 1,2, 6,7, 9, 9A, 19A, 21, 24 and 25 of Order V of the First Schedule as amended or, as the case may be, substituted or omitted by section 15 of this Act, and by section 6 of the Code of Civil Procedure (Amendment) Act, 2002, shall not apply to in respect of any proceedings pending before the commencement of section 15 of this Act and section 6 of the Code of Civil Procedure (Amendment) Act, 2002;"; (iii) for clause (k), the following clause shall be substituted, namely:-- "(k) the provisions of rules 9,11,14,15 and 18 of Order VII of the first Schedule as amended or, as the case may be, substituted or omitted by section 17 of this Act and by section 8 of the Code of Civil Procedure (Amendment) Act, 2002, shall not apply to in.....

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Code of Civil Procedure, 1908 Rule 37 to 40

Title: Arrest and Detention in the Civil Prison

State: Central

Year: 1908

.....discretion, order the judgment-debtor to be detained in the custody of an officer of the Court or release him on his furnishing security to the satisfaction of the Court for his appearance when required. (3) Upon the conclusion of the inquiry under sub-rule (1) the Court may, subject to the provisions of section 51 and to the other provisions of this Code, make an order for the detention of the judgment-debtor in the civil prison and shall in that event cause him to be arrested if he is not already under arrest : Provided that in order to give the judgment-debtor an opportunity of satisfying the decree, the Court may, before making the order of detention, leave the judgment-debtor in the custody of an officer of the Court for a specified period not exceeding fifteen days or release him on his furnishing security to the satisfaction of the Court for his appearance at the expiration of the specified period if the decree be not sooner satisfied. (4) A judgment-debtor released under this rule may be re-arrested. (5) When the Court does not make an order of detention under sub-rule (3), it shall disallow the application and, if the judgment-debtor is under arrest, direct his.....

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Code of Civil Procedure, 1908 Amending Act 1

Title: Code of Civil Procedure (Amendment) Act, 1999

State: Central

Year: 1908

.....of 1999] [30th December, 1999] PREAMBLE An Act further to amend the Code of Civil Procedure, 1908, the Limitation Act, 1963 and the Court Fees Act, 1870. BE IT enacted by Parliament in the Fiftieth Year of the Republic of India as follows: -- __________________________ 1.The Amendment Act, 1999 notified vide a Notification No. S.O. 603(E) Dated 6th June, 2002 where by Central Govt. appoints the 1st day of July, 2002 as effective date CHAPTER I : PRELIMINARY 1. Short title and commencement. - (1) This Act may be called the Code of Civil Procedure (Amendment) Act, 1999. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States or for different parts thereof. CHAPTER II : AMENDMENT OF SECTIONS 2. Amendment of section 26. - In the Code of Civil Procedure, 1908 (5 of 1908) (hereinafter referred to as the principal Act), existing section 26 shall be renumbered as sub-section (1), and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:-- "(2) In every.....

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Code of Civil Procedure, 1908 Preamble 1

Title: The Code of Civil Procedure, 1908

State: Central

Year: 1908

.....of India, 1909, Pt. I, pg. 443. Under section 3(3)( a) of the Sonthal Parganas Settlement Regulation (3 of 1872), sections, 38 to 42 and 156 and rules 4 to 9 in Order XXI in the First Schedule have been declared to be in force in the Sonthal Parganas and the rest of the Code for the trial of suits referred to in section 10 of the Sonthal Parganas Justice Regulation, 1893 (5 of 1893), Calcutta Gazette, 1909, Pt. I, pg. 45. It has been declared to be in force in force in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), section 2; in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), section 3 and Schedule and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), section 3 and Schedule It has been extended to the Districts of Koraput and Ganjam Agency by Orissa Regulation, (5 of 1951) section 2. It has been extended to the State of Manipur w.e.f. 1-1-1957 by Act 30 of 1950, section 3 to the whole of the Union territory of Lakshadweep w.e.f. 1-10-1967 by Regulation 8 of 1965, section 3 and Schedule; to Goa, Daman and Diu w.e.f. 15-6-1966 by Act 30 of 1965, section 3; to Dadra and Nagar Haveli w.e.f. 1-7-1965 by.....

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Code of Civil Procedure, 1908 Section 9

Title: Courts to Try All Civil Suits Unless Barred

State: Central

Year: 1908

The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. 1[Explanation I].-A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies. 2[Explanation II .-For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place.] _________________ 1. Explanation renumbered as Explanation I thereof by Act 104 of 1976, section 5 (w.e.f. 1-2-1977). 2. Inserted by Act 104 of 1976, section 5 (w.e.f. 1-2-1977).

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Code of Civil Procedure, 1908 Section 43

Title: Execution of Decrees Passed by Civil Courts in Places to Which This Code Does Not Extend

State: Central

Year: 1908

1 [43. Execution of decrees passed by Civil Courts in places to which this Code does not extend Any decree passed by any Civil Court established in any part of India to which the provisions of this Code do not extend, or by any Court established or continued by the authority of the Central Government outside India, may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in the manner herein provided within the jurisdiction of any Court in the territories to which this Code extends.] __________________ 1. Substituted by Act 2 of 1951, section 8, for section 43 (w.e.f. 1-4-1951).

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Code of Civil Procedure, 1908 Section 135

Title: Exemption from Arrest Under Civil Process

State: Central

Year: 1908

(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court. (2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of Court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal. (3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under an order for immediate execution or where such judgment-debtor attends to show cause why he should not be committed to prison in execution of a decree.

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Code of Civil Procedure, 1908 Section 135A

Title: Exemption of Members of Legislative Bodies from Arrest Anddetention Under Civil Process

State: Central

Year: 1908

.....Council of a State having both such Houses, during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or Houses of the State Legislature, as the case may be, and during the forty days before and after such meeting, sitting or conference.] (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).] __________________ 1. Inserted by Act 23 of 1925, section 3. 2. Substituted by Act 104 of 1976, section 45, for sub-section (1) (w.e.f 1-2-1977).

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Code of Civil Procedure, 1908 Section 158

Title: Reference to Code of Civil Procedure and Other Repealed Enactments

State: Central

Year: 1908

In every enactment or notification passed or issued before the commencement of this Code in which reference is made to or to any Charter or section of Act 8 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.

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