Bare Act Search Results

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 18

Title: Pleading Generally

State: Central

Year: 1908

.....to state material facts and not evidence (1) Every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved. (2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph. (3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words]. 3. Forms of pleading The forms in Appendix A when applicable, and where they are not applicable forms of the like character, as nearly as may be, shall be used for all pleadings. 4. Particulars to be given where necessary In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading. 5. Further and better statement, or particulars Rep. by the Code.....

Code of Civil Procedure, 1908 Section 35B

Title: Costsfor Causing Delay

State: Central

Year: 1908

.....groups of defendants, payment of such costs shall be a condition precedent to the further prosecution of the defence by such defendants or groups of defendants as have been ordered by the Court to pay such costs. (2) The costs, ordered to be paid under sub-section (1), shall not, if paid, be included in the costs awarded in the decree passed in the suit; but, if such costs are not paid, a separate order shall be drawn up indicating the amount of such costs and the names and addresses of the persons by whom such costs are payable and the order so drawn up shall be executable against such persons.] __________________ 1. Inserted by Act 104 of 1976, section 15 (w.e.f. 1-2-1977).

Code of Civil Procedure, 1908 Rule 1 to 15

Title: Suits Relating to Mortgages of Immovable Property

State: Central

Year: 1908

.....of 1929, section 4, for rule 7. 8. Inserted by Act 21 of 1929, section 5. 9. Substituted by Act 104 of 1976, section 82(ii)(b), for "on application by him" (w.e.f. 1-2-1977). 10. Substituted by Act 21 of 1929, section 6, for rules 10. 11. Added by Act 104 of 1976, section 82(iii) (w.e.f. 1-2-1977). 12. Inserted by Act 104 of 1976, section 82(iv) (w.e.f. 1-2-1977). 12a. Inserted by Act of 1976, section 82(v) (w.e.f. 1-2-1977). 13. Substituted by Act 21 of 1929, section 6, for rule 11. 14. Sub-clause (ii) omitted by Act 66 of 1956, section 14 (w.e.f. 1-1-1957). 15. Substituted by Act 66 of 1956, section 14, for certain words (w.e.f. 1-1-1957). 16. Substituted by Act 66 of 1956, section 14 for clause (b) (w.e.f. 1-1-1957). 17. Substituted by Act 21 of 1929, section 7, for rule 15. 18. Rule 15 Renumbered as sub-rule (1) of that rule by Act 104 of 1976, section 82(v) (w.e.f. 1-2-1977).

Code of Civil Procedure, 1908 Part I

Title: Suits in General

State: Central

Year: 1908

.....B anking 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 interest3[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. ___________________ 1. Substituted by Act 66 of 1956, section 2, for certain words (w.e.f. 1-1-1957). 2. Added by Act 104 of 1976, section 13 (w.e.f. 1-7-1977). 3. Substituted by Act 66 of 1956, section 2, for "on such aggregate sum as aforesaid" (w.e.f. 1-1-1957). Section 35 to 35B - Costs 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.....

Code of Civil Procedure, 1908 Rule 10 to 23

Title: Application for Execution

State: Central

Year: 1908

.....every application for the execution of a decree shall be in writing, signed and verified by the applicant or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a tabular form the following particulars, namely :-- (a) the number of the suit; (b) the names of the parties; (c) the date of the decree; (d) whether any, appeal has been preferred from the decree ; (e) whether any, and (if any) what, payment or other adjustment of the matter in controversy has been made between the parties subsequently to the decree; (f) whether any, and (if any) what, previous applications have been made for the execution of the decree, the dates of such applications and their results ; (g) the amount with interest (if any) due upon the decree, or other relief granted thereby, together with particulars of any cross-decree, whether passed before or after the date of the decree sought to be executed; (h) the amount of the costs (if any) awarded ; (i) the name of the person against whom execution of the decree is sought; and (j) the mode in which the assistance of the Court is required whether- (i) by the.....

Code of Civil Procedure, 1908 Rule 1 to 4

Title: Arrest Before Judgment

State: Central

Year: 1908

.....to answer the claim against hi m, or to furnish security for hi s appearance at any time when called upon while the suit is pending and until satisfaction of any decree that may be passed against hi m in the suit, or make such order as it thinks fit in regard to the sum which may have been paid by the defendant under the proviso to the last preceding rule. ( 2 ) Every surety for the appearance of a defendant shall bind hi mself, in default of such appearance, to pay any sum of money which the defendant may be ordered to pay in the suit. 3 . Procedure on application by surety to be discharged ( 1 ) A surety for the appearance of a defendant may at any time apply to the Court in which he became such surety to be discharged from hi s obligation. ( 2 ) On such application being made, the Court shall summon the defendant to appear or, if it thinks fit may issue a warrant for hi s arrest in the first instance. ( 3 ) On the appearance of the defendant in pursuance of the summons or warrant, or on hi s voluntary surrender, the Court shall direct the surety to be discharged from hi s obligation, and shall call upon the defendant to find fresh security. 4 . Procedure where.....

Code of Civil Procedure, 1908 Rule 1 to 12

Title: Withdrawal and Adjustment of Suits

State: Central

Year: 1908

.....by the law of limitation in the same manner as if the first suit had not been instituted. 3. Compromise of suit Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise 2 [in writing and signed by the parties], or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith 3 [so far as it relates to the parties to the suit, whether or not the subject-matter of the agreement, compromise or satisfaction is the same as the subject-matter of the suit]: 2 [Provided that where it is alleged by one party and dented by the other that an adjustment or satisfaction has been arrived at, the Court shall decide the question; but no adjournment shall be granted for the purpose of deciding the question, unless the Court, for reasons to be recorded, thinks fit to grant such adjournment.] 2 [Explanation.--An agreement or compromise which is void or voidable under the Indian Contract Act, 1872 (9 of 1872), shall not be deemed.....

Code of Civil Procedure, 1908 Rule 82 to 96

Title: Sale of Immovable Property

State: Central

Year: 1908

.....publishing or conducting it. (2) No sale shall be set aside on the ground of irregularity or fraud in publishing or conducting it unless, upon the facts proved, the Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud. (3) No application to set aside a sale under this rule shall be entertained upon any ground which the applicant could have taken on or before the date on which the proclamation of sale was drawn up. Explanation.--The mere absence of, or defect in, attachment of the property sold shall not, by itself, be a ground for setting aside a sale under this rule.] 91. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest The purchaser at any such sale in execution of a decree may apply to the Court to set aside the sale, on the ground that the judgment-debtor had no saleable interest in the property sold. 92. Sale when to become absolute or be set aside (1) Where no application is made under rule 89, rule 90 or rule 91, or where such application is made and disallowed, the Court shall make an order confirming the sale, and thereupon the sale shall become.....

Code of Civil Procedure, 1908 Rule 1 to 21

Title: Summoning and Attendance of Witnesses

State: Central

Year: 1908

.....a summons delivered to a party for service under rule 7A,] shall be served as nearly as may be in the same manner as summons to a defendant and the rules in Order V as to proof of service shall apply in the case of all summonses served under this rule. 9. Time for serving summons 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. Procedure where witness fails to comply with summons 7 [(1) Where a person to whom a summons has been issued either to attend to give evidence or to produce a document, fails to attend or to produce the document in compliance with such summons, the Court-- (a) shall, if the certificate of the serving officer has not been verified by affidavit, or if service of the summons has been effected by a party or his agent, or (b) may, if the certificate of the serving officer has been so verified, examine on oath the serving or the party or his agent, as the case may be, who has effected service, or cause him to be so examined by any Court,.....