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Start Free TrialCode of Civil Procedure, 1908 Rule 1 to 20
Title: Judgement and Decree
State: Central
Year: 1908
..... 1. Substituted by Act 66 of 1956, section 14, for rule 1. (w.e.f. 1-1-1957). 2. The provisions of rules 1, 3, 4 and 5 are not applicable to the Chief Court of Oudh; see the Oudh Court Act, 1925 (U.P. 4 of 1925), section 16 (2). 3. Rule 1 renumbered as sub-rule (1) of that rule by Act 104 of 1976, section 70 (w.e.f. 1-2-1977) and substituted by Act 22 of 2002, section 13 (w.e.f. 1-7-2002). 4. Inserted by Act 104 of 1976, section 70 (w.e.f. 1-2-1977). 5. Certain words omitted by Act 46 of 1999, section 28 (w.e.f. 1-7-2002). 6. Substituted by Act 104 of 1976, section 70, for "A Judge may" (w.e.f. 1-2-1977). 7. Substituted by Act 104 of 1976, section 70, for "names and description of the parties" (w.e.f. 1-2-1977). 8. Rules 6A and 6B inserted by Act 104 of 1976, section 70 (w.e.f. 1-2-1977) and substituted by Act 46 of 1999, section 28 (w.e.f. 1-7-2002). 9. Substituted by Act 104 of 1976, section 70, for certain words (w.e.f. 1-2-1977). 10. Substituted by Act 104 of 1976, section 70, for clause (b) (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 2
Title: Payment Under Decree
State: Central
Year: 1908
.....any money payable under a decree of any kind is paid out of Court, 1 [or a decree of any kind is otherwise adjusted] in whole or in part to the satisfaction of the decree-holder, the decree-holder shall certify such payment of adjustment to the Court whose duty it is to execute the decree, and the Court shall record the same accordingly. (2) The judgment-debtor 2 [or any person who has become surety for the judgment-debtor] also may inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree-holder to show cause, on a day to be fixed by the Court, why such payment or adjustment should not be recorded as certified ; and if, after service of such notice, the decree-holder fails to show cause why the payment or adjustment should not be recorded as certified, the Court shall record the same accordingly, 3 [(2A) No payment or adjustment shall be recorded at the instance of the judgment-debtor unless-- (a) the payment is made in the manner provided in rule 1; or (b) the payment or adjustment is proved by documentary evidence; or (c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 97 to 106
Title: Resistance of Delivery of Possession to Decree-holder or Purchaser
State: Central
Year: 1908
.....or objection made under rule 58.] 3[106. Setting aside orders passed ex parte, etc. (1) The applicant, against whom an order is made under sub-rule (2) rule 105 or the opposite party against whom an order is passed ex parte under sub-rule (3) of that rule or under sub-rule (1) of rule 23, may apply to the Court to set aside the order, and if he satisfies the Court that there was sufficient cause for his non-appearance whom the application was called on for hearing, the Court shall set aside the order or such terms as to costs, or otherwise as it thinks fit, and shall appoint a day for the further hearing of the application. (2) No order shall be made on an application under sub-rule (1) unless notice of the application has been served on the other party. (3) An application under sub-rule (1) shall be made within thirty days from the date of the order, or where, in the case of an ex parte order, the notice was not duly served, within thirty days from the date when applicant had knowledge of the order.] __________________________ 1. Substituted by Act 104 of 1976, section 72(xxxiii), for sub-rule (2) (w.e.f. 1-2-1977). 2. Substituted by Act 104 of 1976, section.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 35 to 37
Title: Decree in Appeal
State: Central
Year: 1908
.....to the Appellate Court and at their expense. 37. Certified copy of decree to be sent to Court whose decree appealed from A copy of the judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits. _______________________ 1. This rule is not applicable to the Chief Court of Oudh in the exercise of its appellate Jurisdiction; see the Oudh Courts Act, 1925 (U.P. Act 4 of 1925), section 16(3).
View Complete Act List Judgments citing this sectionHindu Marriage Act, 1955 Section 23
Title: Decree in Proceedings
State: Central
Year: 1955
.....* *] in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and 1[(bb) when a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence, and] (c)3[the petition (not being a petition presented under section 11)] is not presented or prosecuted in collusion with the respondent, and (d) there has not been any unnecessary or improper delay in instituting the proceeding, and (e) there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the court shall decree such relief accordingly. (2) Before proceeding to grant any relief under this Act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties: 1[Pr ovided that nothing contained in this sub-section shall apply to.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 73
Title: Proceeds of Execution-sale to Be Rateably Distributed Among Decree-holders
State: Central
Year: 1908
.....of the sale shall be applied-- first, in defraying the expenses of the sale; secondly, in discharging the amount due under the decree; thirdly, in discharging the interest and principal moneys due on subsequent incumbrances (if any); and fourthly, rateably among the holders of decrees for the payment of money against the judgment-debtor, who have, prior to the sale of the property, applied to the Court which passed the decree ordering such sale for execution of such decrees, and have not obtained satisfaction thereof. (2) Where all or any of the assets liable to be ratcably distributed under this section are paid to a person not entitled to receive the same, any person so entitled may sue such person to compel him to refund the assets. (3) Nothing in this section affects any right of the Government.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 96
Title: Appealfrom Original Decree
State: Central
Year: 1908
(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 from every decree passed by any Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court. (2) An appeal may lie from an original decree passed ex parte. (3) No appeal shall lie from a decree passed by the Court with the consent of parties. 1[(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed2[ten thousand rupees].] _________________ 1. Inserted by Act 104 of 1976, section 33, ( w.e.f. 1-2-1977). 2. Substituted by Act 46 of 1999, sec.9, for "three thousand rupees" (w.e.f. 1-7-2002).
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 19
Title: Grounds of Decree
State: Central
Year: 1869
Such decree may be made on any of the following grounds: - (1) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit; (2) that the parties are within the prohibited degree of consanguinity (whether natural or legal) or affinity; (3) that either party was a lunatic or idiot at the time of the marriage; (4) that the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force. Nothing in this section shall effect the1[ jurisdiction of the District Court ] to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud. ___________________ 1.Substituted by Act 51 of 2001, section 15, for "jurisdiction of the High Court" (w.e.f. 3-10-2001).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 2
Title: Appeals from Orders
State: Central
Year: 1908
.....or rule 7 of Order XXXIII rejecting an application for permission to sue as an indigent person ;] 6[***] (p) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV; (q) an order under rule 2, rule 3 or rule 6 of Order XXXVIII ; (r) an order under rule 1, rule 2 1b[rule 2A], rule 4 or rule 10 of Order XXXIX ; (s) an order under rule 1 or rule 4 of Order XL ; (t) an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 of Order XLI to re-hear, an appeal ; (u) an order under rule 23 1b[or rule 23A] or Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court ; 7[***] (w) an order under rule 4 of Order XLVII granting an application for review. 1a[1A. Right to challenge non-appealable orders in appeal against decrees (1) Where any order is made under this Code against a party and thereupon any judgment is pronounced against such party and a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not have been made and the judgment should not have been pronounced. (2) In an appeal against a decree passed in a suit after recording a compromise.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 39
Title: Transfer of Decree
State: Central
Year: 1908
.....it for execution to any subordinate Court of competent jurisdiction. 1[(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the suit in which such decree was passed.] 2[(4) Nothing in this section sh all be deemed to authorise the Court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction.] ___________________ 1. Inserted by Act 104 of 1976, section 18(i) (w.e.f. 1-2-1977) 2. Inserted by Act 22 of 2002, section 2 (w.e.f. 1-7-2002).
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