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Civil Procedure Code 1908

code of civil procedure 1908 bare act

Questions to be determined by Court executing decree 47. Service of process where party engages pleader. Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return. The Court shall determine, at the time of issuing the summons, whether it shall be- a for the settlement of issues only, or b for the defendant to appear and state whether he contests or does not contest the claim and directing him if he contests to receive directions as to the date on which he has to file his written statement, the date of trial and other matters, and if he does not contest for final disposal of the suit at once, or c for the final disposal of the suit; and the summons shall contain a direction accordingly: Provided that, in every suit heard by a Court of Small Causes, the summons shall be for final disposal of the suit. No exception to be taken— No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the Court.

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Code of Civil Procedure, 1908

code of civil procedure 1908 bare act

Second appeal on no other grounds— No second appeal shall lie except on the ground mentioned in section 100. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972. Without even filing a suit where a claim as to valid title or right is determined. If this address is changed I shall forthwith file a Uttar Pradesh notice of change containing all the new particulars. Conditions for entertainment of suits.


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Section 114

code of civil procedure 1908 bare act

B holds a judgment against A for Rs. C may set-off the debt of Rs. Power of Supreme Court to transfer suits, etc. Power for State Government to make rules as to sales of land in execution of decrees for payment of money— 1 The State Government may, by notification in the Official Gazette, make rules for any local area imposting conditions in respect of the sale of any class of interests in land in execution of decrees for the payment of money, where such interests are so uncertain or undermined as, in the opinion of the State Government to make it impossible to fix their value. A obtains a decree for Rs.


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Civil Procedure Code 1908 (CPC)

code of civil procedure 1908 bare act

The costs of the proceedings under rules 66, 106 and 108 shall be paid in the first instance by the decree-holder; but they shall be charged as part of the costs of the execution, unless the Court, for reasons to be specified in writing, shall consider that they shall either wholly or in part be omitted therefrom. Production of witnesses without summons— A subject to the provisions of sub-rule 3 of rule 1, and party to the suit may, without applying for summons under rule 1, bring any witness to give evidence or to produce documents. Whereas an application has been presented on the part of the plaintiff in the above suit fox the appointment of…………… as guardian for the suit to the minor defendant, you the said minor and you …………… are hereby required to take notice that unless within 21 days from the service upon you of this notice you ……………. The cost of preparing attached property for sale, or of conveying it to the place where it is to be kept or sold, shall be payable by the decree-holder to the attaching officer. Where the Presiding Judge is not so empowered, the judgment shall be reduced to writing before it is pronounced. Partition of Estate or sepration of share:- Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government or for the separate possession of share of such an estate, the partition of the estate or the separation of the share of such an estate shall be made by the Court in accordance with the law if any, for the time being in force relating to the partition , or the separate possession of shares and if neccessary on the report of a revenue officer, not below the rank of tehsildar or such other person as the Court may appoint as Commissioner in that behalf. The certificate of the Sub-Registrar and the report of the Collector shall be open to the inspection of the parties or their pleaders, free of charge, between the time of the receipt by the Court and the declaration of the result of the enquiry.


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Section 45

code of civil procedure 1908 bare act

Settlement of disputes outside the Court. Take notice that if you have any cause, to show why the said application should not be granted, you should appear with your proofs in this Court on the ……… day of……… 19 …. Liability of ancestral property— For the purposes of section 50 and section 52, property in the hands of a son or other descendant which is liable under Hindu law for the payment of the debt of a deceased ancestor, in respect of which a decree has been passed, shall be deemed to be property of the deceased which has come to the hands of the son or other descendant as his legal representative. Nothing in this rule shall prevent the judgment-debtor or any person claiming to be interested in such live-stock from making such arrangements for feeding the same as may not be inconsistent with its safe custody. Signature of party Or I file the above address according to the instructions given by my client name ………. The rates shall include cost of feeding, tending and conveyance, and all other charges requisite for the maintenance and custody of the live-stock. Judge Dated the ……… day of… 19… No.

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Civil Procedure Code, 1908

code of civil procedure 1908 bare act

Given under my hand and the seal of the Court, this……………. Defendant need not be interested in all the relief claimed— It shall not be necessary that every defendant shall be interested as to all the relief claimed in any suit against him. Provided that nothing contained in this section shall be construed as extending the period of limitation to which any proceeding in respect of such judgment decree or order may be subject. I possess the following:- a Banking accounts; b Stocks and shares; c Life and endowment d House property; e Other property; f Other securities;Give particulars. Where the defendant resides out of India but has an agent empowered to accept service of summons on his behalf residing in India but outside the jurisdiction of the Court, the summons, unless directed otherwise by the Court, may be addressed to such agent and sent to him by registered post if there is postal communication between such place and the place where the Court is sitting. Address for service of notice. Service in foreign territory through Political Agent or Court.


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Code of Civil Procedure 1908 Section 60

code of civil procedure 1908 bare act

Procedure in appeals from appellate decrees and orders. The Court shall appoint such person as it thinks proper from among those who have signified their consent and intimate the fact of such appointment to the person appointed by registered post unless he is present at the time of appointment either in person or by pleader. Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith except as to so much thereof as relates to the costs; and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation. He may also sue them at Calcutta, where B resides, or at Delhi, where C resides; but in each of these cases, if the non-resident defendant object, the suit cannot proceed without the leave of the Court. Service on civil public officer or on servantof railway administration or local authority. The sum so fixed shall be tendered to the person summoned, at the time of serving of the summons, if it can be served personally: Provided- i that where the person summoned is a servant of any State Government whose pay exceeds Rs.

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Section 114

code of civil procedure 1908 bare act

Copy or statement annexed to summons. Seizure of property in dwelling-house. Procedure for appointment of guardian for the suit. Order to apply to minors— This Order shall apply to minor plaintiffs and defendants, and to the next friends and guardians for the suit of the persons under disability. The postal acknowledgment purporting to contain the signature of the defendant may be deemed to be prima facie proof of sufficient service of the summons on the defendant on the day on which it purports to have been signed by him. The costs of any application for the attachment of a debt under the foregoing rules and of any proceedings arising from or incidental to such application, shall be in the discretion of the Court.

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