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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 Rule 1 to 20

Title: Judgement and Decree

State: Central

Year: 1908

.....the decree without filing a copy of the decree and in such a case the copy made available to the party by the Court shall for the purposes of rule 1 of Order XLI be treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purposes of execution or for any other purpose. 6B. Copies of judgments when to be made available Where the judgment is pronounced, copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring an appeal on payment of such charges as may be specified in the rule made by the High Court.] 7. Date of decree The decree shall bear date the day on which the judgment was pronounced, and, when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree. 8. Procedure where Judge has vacated officer before signing decree Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any Court to.....

Registration Act, 1908 Part XI

Title: Of the Duties and Powers of Registering Officers

State: Central

Year: 1908

.....portion so recopied and authenticated." [Note.--Section 8 of the Bombay Act 25 of 1938 runs as follows: "8. Validity of copies made prior to enactment of this Act.--Notwithstanding anything contained in the said Act (i.e. the Indian Registration Act), copies of any of the books mentioned in sub-section (1) of section 51 of the said Act or any portion of such book, prepared before the enactment of this Act and authenticated in pursuance of the order of the Registrar or Inspector-General shall for the purposes of the said Act be deemed to have taken the place of and to be the original book or portion; and all references in the said Act to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated".] (iii) in sub-section (2), for the words "18 and 89, sub-sections (2) and (4)", substitute the words "and 18 and section 89 except sub-sections (1) and (3) thereof". 10 Orissa: In its application to the State of Orissa, in section 51,-- (a) for sub-section (2), the following sub-section shall be substituted, namely,-- "(2) In Book 1 shall be filed-- (i) true copies of all documents, and (ii) all memoranda, .....

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,.....

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 ................

Code of Civil Procedure, 1908 Rule 1 to 6

Title: Recognized Agents and Pleaders

State: Central

Year: 1908

.....a recognised agent residing within the jurisdiction of the Court, or a pleader who has been duly appointed to act in the Court on his behalf, to appoint, within a specified time, an agent residing within the jurisdiction of the Court to accept service of the process on his behalf.] ______________________ 1. Substituted by Act 22 of 1926, section 2, for "duly appointed to act". 2. Substituted by Act 22 of 1926, section 2, for rule 4. 3. Substituted by Act 104 of 1976, section 54(i)(a)(i), for "filed in Court and shall be" w.e.f. 1-2-1977. 4. Inserted by Act 104 of 1976, section 54(i)(a)(ii), w.e.f. 1-2-1977. 5. Substituted by Act 104 of 1976, section 54(i)(b), for sub-rule (3) w.e.f. 1-2-1977. 6. Substituted by Act 104 of 1976, section 54(ii), for "Any process served on the pleader of any party" w.e.f. 1-2-1977. 7. Inserted by Act 104 of 1976, section 54(iii), w.e.f. 1-2-1977.

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.....

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 11

Title: Production, Impounding and Return of Documents

State: Central

Year: 1908

.....be returned to the persons respectively producing them. 8. Court may order any document to be impounded Notwithstanding anything contained in rule 5 or rule 7 of this Order or in rule 17 of Order VII, the Court may, if it sees sufficient cause, direct any document or book produced before it in any suit to be impounded and kept in the custody of an officer of the Court, for such period and subject to such conditions as the Court thinks fit. 9. Return of admitted documents (1) Any person, whether a party to the suit or not, desirous of receiving back any document produced by him in the suit and placed on the record shall, unless the document is impounded under rule 8, be entitled to receive back the same,-- (a) where the suit is one in which an appeal is not allowed, when the suit has been disposed of, and (b) where the suit is one in which an appeal is allowed, when the Court is satisfied that the time for preferring an appeal has elapsed and that no appeal has been preferred or, if an appeal has been preferred, when the appeal has been disposed of: 3[Provided that a document may be returned at any time earlier than that prescribed by this rule if the person.....

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,.....