THE CODE OF CIVIL PROCEDURE, (Act No. 5 of ). An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil. Code of Civil Procedure THIRD SCHEDULE: Execution of Decrees by Collectors- Repealed by the Code of Civil Procedure (Amendment) Act, ]. Bare Act: Code Of Civil Procedure, Code Of Civil Procedure, Index. ( RELEVANT SECTIONS). PRELIMINARY. Section Pecuniary jurisdiction.
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Provided that the State Government concerned may, by notification in the Official Gazette, extend the provisions of this Code or any of them to the whole or part of the Acy of Nagaland or such tribal areas, as the case may be, with such supplemental, incedental or consequential modifications as may be specified in the notification.
Code of Civil Procedure
In this Act, unless there is anything repugnant in the subject or context,. Explanation — A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit, it may be partly preliminary and partly final. Subs, by Act No. Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits if any of 19008 ordinary jurisdiction.
The following provisions shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 9 of1 [or under the Berar Small Cause Courts Laws, ], or to Courts exercising the jurisdiction of a Court of Small Causes 2 [under vare said Act or Law], 3 [or to Courts in] 4 [any part of India to which the said Act does not extend exercising a corresponding jurisdiction] aft is to say,.
Save as provided in sections 24, 38 to 41, 75, clauses ab and c76 1 [77, and ], and by the Presidency Small Cause Courts Act,15 of the provisions in the body of this Code shall not extend to any suit or proceedings in any Court of Small Causes established in the towns of Calcutta, Madras and Bombay: Added by Act 1 ofsec. The Courts shall subject to the provisions herein contained have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
Maharashtra — After section 9 insert the following section 9A. Where at the hearing of application relating to interim relief in a suit, objection to jurisdiction is taken such issue to be decided by the court as a preliminary issue: Any such application shall be heard and disposed of by the court as expeditiously as possible and shall not in any case be adjourned to the hearing of the suit.
Jurisdiction of Civil Court is impliedly barred in such cases. Sri Durga Bansal Fertilizers Ltd. Explanation renumbered as Explanation I thereof by Act No. Explanation- The pendency of a suit in a foreign Court does not preclude the Courts in 1 [India] from trying a suit founded on the same cause of action.
No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
Explanation VI- Where persons litigate bona fide in respect of public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the persons so litigating.
A jurisdictional question if wrongly decided would not attract the principles of res judicata. When an order is passed without jurisdiction, the same becomes a nullity. When an order is a nullity, it cannot be supported by invoking procedural principle; Management of Sonepat Co-op. Res judicata debars a court from exercising its jurisdiction to determine the lis if it has attained finality whereas the doctrine of issue estoppel is invoked against the party.
If such issue is decided against him, he would be estopped from raising the same in the latter proceedings. The doctrine of res judicata creats a different kind of estoppel viz. Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this Code applies.
A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except. The Court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.
Every suit shall be instituted in the Court of the lowest grade competent to try it. Subject to the pecuniary or other limitations prescribed by any law, suits. Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant, may where the relief sought can be entirely obtained through his personal obedience be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.
Eleena Fasteners P Ltd. Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Court, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate:.
Provided that, in respect of the value of the subject matter of the suit, the entire claim is cognizable by such Court. Provided that the suit is one with respect to which the Court is competent as regards the nature and value of the suit to exercise jurisdiction. Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.
B may sue A either in Calcutta or in Delhi. Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction. A delivers the goods accordingly in Calcutta. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen or in Delhi, where B carries on business.
A may sue B and C at Benaras, where the cause of action arose. 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.
Party can file a suit under section 20 c at place where cause of action wholly or partly arose; Jabalpur Cable Network Pvt. Explanation I omitted by Act No. There is no intermediary stage for raising an objection to jurisdiction except filing of written statement and taking that plea unless the matter is covered by section 9A of the Code; B. Section 21 renumbered as sub-section 1 thereof by Act No. Bar on suit to set aside decree on objection as to place of suing. No suit shall lie challenging the validity of a decree passed in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, on any ground based on an objection as to the place of suing.
Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties if anyshall determine in which of the several Courts having jurisdiction the suit shall proceed.
Both the proceedings triable by the same court. Power of Supreme Court to transfer suits, etc.
Section 26 renumberd as sub-section 26 1 thereof by Act No. Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed 1 [on such day not beyond thirty days from date of the institution of the suit]. 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,.
The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects. The Court may compel the attendance of any person to cc a summons has been barr under section 30 and for that purpose may.
Substituted by Act No. The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow. In such circumstances the direction of the Division Bench in the matter of award of interest is also not liable to be interfered; Municipal Corporation of Delhi v.
Added by Act No. The c;c that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. To prevent and penalise such abuse of the process of the Court in the garb of public interest, the Court invoked this section and imposed a cost of Rs. Sub-section 3 omitted by Act 66 ofsec. Provided that where the pecuniary limits of the jurisdiction of any Court exercising the jurisdiction of a Court of Small Causes under the Provincial Small Cause Courts Act, 9 of 6 [or under a corresponding law in force in 7 [any part of India to which the said Act does not extend]] and not being a Court constituted 8 [under such Act or law], are less than two hundred and fifty rupees, the High Court may empower such Court to award as costs under this section any amount not exceeding two hundred and fifty rupees and not exceeding those limits by more than one hundred rupees:.
Provided, further, that the High Court may limit the amount or class of Courts is empowered to award as costs under this Section. Uttar Pradesh- i For sub-section 1 of section aact A substitute the following. Section 35A was ins.
Code Of Civil Procedure: Bare Act | Hello Counsel
It has been so brought into force in Bombay, Bengal, U. The provisions of this Code relating to bre execution of decree including provisions relating to payment under 19088 decree shall, so far as they are dpc, be deemed to apply to the bade of orders including 9108 an order. A decree may be executed either by the court which passed it, or by the Court to which it is sent for execution.
However, it can be enforced by seeking police aid on necessary directions from the Court; Matha Gavarayya v. Uttar Pradesh -Sub-section 3 of section 39 shall be substituted. Where a decree is sent for execution in another State, it shall be sent to such Court and executed in such manner as may be prescribed by rules in force in that State.
The Court to which a decree is sent for execution shall certify to the Court which passed it the fact of such execution, or where the former Court fails to execute the same the circumstances attending such failure. All persons disobeying or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed the decree.
And its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself. Uttar Pradesh- Section 42 shall be substituted by following.
All persons disobeying or obstructing the decree shall be punishable by such court in the same manner as if it had passed the decree, and its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself.
Section 42 renumbered as sub-section 1 thereof by Act No. Any decree passed by any Civil Court established in any part of India to which the provisions of this Code do not extend, or by any Court established or continued by the baer of the Central Government outside India, may, if it cannot be executed within the brae of the Court by which it was passed, be executed in the manner herein provided within the jurisdiction of any Court in the territories to which this Code extends].
The State Government may, by notification in the Official Gazette, declare that the decrees of any Revenue Court in any part of India to which the provisions of this Code do not extend or any class of such decrees, may be executed in the State as if they had been passed by Courts in that State].
Execution of decrees passed by Courts in reciprocating territory.
Civil Procedure Code 1908 (CPC)
Pondicherry -After section 45 insert the following: Execution of decrees etc. 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. Provided that no attachment under a precept shall continue for more than two months unless the period of attachment is extended by an order of the Court which passed the decree or ach before the determination of such attachment the decree has been transferred to the Court by which the attachment has been made and the decree-holder has applied for an order for 19008 sale of such property.
Questions to be determined by Court executing decree.
If not, then only after passing of the final decree it can be executed; Md. Suit based upon fresh cause of action. Hence the ban under section 47 cannot apply; Ajit Chopra v. Since the executing court cannot travel beyond decree under execution, the said decree was held to be without jurisdiction; Kameshwar Das Gupta v. Joseph, AIR Kant ILR Kant His legal representative can continue the proceedings after obtaining the succession certificate; Kariyamma v.
Sub-section 2 omitted by Act No. Earlier Explanation was ins.
Every transferee of a decree shall hold the same subject to the equities if any which the judgment-debtor might have enforced against the original decree-holder. Subject to such conditions and limitations as may be prescribed, the Court may, on the application of the decree-holder, order execution of the decree.
Uttar Pradesh -In section 51 of the Code Clause bb shall be inserted after clause b.