Cpc 1908 pdf

Objections to jurisdiction. Power to transfer suits which may be instituted in more than one Court. To what Court application lies. General power of transfer and withdrawal. Power of State Government to transfer suits. Institution of suits. Summons to defendants. Service of summons where defendant resides in another State.

Service of foreign summonses. Summonses and other processes issued by Power to order discovery and the like. Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party. Summons to witness. Penalty for default. Judgment and decree.

Application to orders. Definition of Court which passed a decree. Court by which decree may be executed. Transfer of decree. Transfer of decree to Court in another State. Result of execution-proceedings to be certified.

Powers of Court in executing transferred decree. Execution of decrees passed by Civil Courts in places to which this Code does not extend.

Execution of decrees passed by Revenue Courts in places to which this Code does not extend. Execution of decrees passed by Courts in reciprocating territory. Execution of decrees outside India. Questions to be determined by the Court executing decree. Execution barred in certain cases. Legal representative. Powers of Court to enforce execution. Enforcement of decree against legal representative.

Liability of ancestral property. Partition of estate or separation of share. Arrest and detention. Prohibition of arrest or detention of women in execution of decree for money. Subsistence allowance. Detention and release. Release on ground of illness. Property liable to attachment and sale in execution of decree. Partial exemption of agricultural produce. Seizure of property in dwelling house. Property attached in execution of decrees of several Courts.

Private alienation of property after attachment to be void. Purchasers title. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff. Power for State Government to make rules as to sales of land in execution of decrees for payment of money. Power to prescribe rules for transferring to Collector execution of certain decrees.

Provisions of Third Schedule to apply. Rules of procedure. Collector deemed to be acting judicially. Where Court may authorize Collector to stay public sale of land. Proceeds of execution-sale to be rateably distributed among decree-holders. Resistance to execution. Power of Court to issue commissions. Commission to another Court. Letter of request. Exemption from arrest and personal appearance. Execution of decree.

When aliens may use. When foreign States may use. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers. Suits against foreign Rulers, Ambassadors and Envoys. Style of foreign Rulers as parties to suits. Definitions of foreign State and Rulers.

Application of sections 85 and 86 to Rulers of former Indian States. Where interpleader suit may be instituted. Power to state case for opinion of Court. Public nuisances. Public Charities. Exercise of powers of Advocate General outside presidency-towns. Supplemental proceedings. Compensation for obtaining arrest, attachment or injunction on insufficient grounds. Appeal from original decree. Appeal from final decree where no appeal from preliminary decree. Decision where appeal heard by two or more Judges.

No decree to be reversed or modified for error or irregularity not affecting merit or jurisdiction. Second appeal. Second appeal on no other grounds. No second appeal in certain suits. Power of High Court to determine issues of fact. Orders from which appeal lies.

Other orders. What Courts to hear appeals. Power of Appellate court. Procedure in appeals from appellate decrees and orders. When appeal lie to the Supreme Court. Value of subject-matter. Refence to High Court. Part to apply only to certain High Courts.

Application of Code to High Courts. Execution of decree before ascertainment of costs. Unauthorized persons not to address Court.

Provision not applicable to High Court on original civil jurisdiction. Effect of rules in First Schedule. Power of certain High Court to make rules. All books are in clear. The act clarified that the provisions of the Civil Procedure Code as amended by the Act would have an overriding effect over any rules of the High Court or of the amendments made by the state government concerned.

The Code of Civil Procedure, was further amended in the year See also. The Code of Civil Procedure, is a procedural law related to the administration of civil proceedings in India. The Code is divided into two parts: the first part contains sections and the second part contains the First Schedule, which has 51 Orders and Rules.

The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India. It did not meet the challenges and was replaced by Code of Civil Procedure Code, But still it did not fulfill the requirements of time and large amendments were introduced. In , the Code of Civil Procedure, was introduced.