An affidavit in answer to interrogatories shall be in Form No. Production of documents. Add the following proviso to R. 10: –. What Courts may order sales Procedure where witness apprehended cannot give evidence or produce document 58. 17. Relief to be specifically stated. -The rules in the First Schedule shall have effect as, if enacted in the body of this Code until annulled or-altered in accordance with the provisions of this part. Substitution of letter for summons, 1. (2) Every Court shall take judicial notice of the fact that a foreign State has or has not been recognised by [x x] the Federal Government. Endorsements on documents rejected as inadmissible in evidence. (2) Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by this Code. Procedure where assignee fails to continue suit or give security Service where defendant resides out of Pakistan, etc., and has no agent in Pakistan. Procedure where Court desires that its own decree shall be executed by another Court. Where the defendant relies upon several distinct grounds of defence or set-off founded upon separate and distinct facts they shall be stated, as far as may be, separately and distinctly. Court to give Commissioner necessary instructions Proceedings and report to be evidence; Court may direct further inquiry 5. Address to be filed with plaint. 3. (2) In particular and without prejudice to the generality of the proposition contained in sub-section (1), nothing in this Code shall be deemed to limit or otherwise affect any remedy which a land-holder or landlord may have under any law for the time being in force for the recovery of rent of agricultural land from the produce of such land. (c) the name of the person by whom he is authorised to appear : Provided that nothing in this sub-rule shall apply to any pleader engaged to plead on behalf of any party by any other pleader who has been duly appointed to act in Court on behalf of such party. ’38. Rules 20, 22, 23, 24 and 25 of 0. 6. Service by post 148. Order for inspection. (2) papers which the parties agree to exclude; (3) accounts, or portions of accounts, which the officer empowered by the Court for that purpose considers unnecessary, and which the parties have not specifically asked to be included; and, (4) such other documents as the High Court may direct to be excluded: Provided that the Court at the time of granting the certificate may after hearing any opposite-party who appears, order on the ground of special hardship that some other form of security may be furnished: Provided further, that no adjournment shall be granted to an opposite party to contest the nature of such security. 14. Time of sale Defence or set-off founded on separate grounds. When foreign States may sue. (2) Any application to inspect documents except such as are referred to in the pleading, particulars or affidavits of the party against whom the application is made or disclosed in his affidavit of documents, shall be founded upon an, affidavit showing of what documents’ inspection is sought, that the party applying is entitled to inspect them and that they are in the possession or power of the other party. (1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any, period prior to the institution of the suit, with further interest at such rate as the Court deems reasonable on the aggregate sum so adjudged, from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit. (b) nominate another person in the place of the person nominated under clause (b) of sub-rule (1), for the purposes of that clause. A copy of the judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits. 5. shall not, merely by reason of undergoing such imprisonment be discharged from his liability under the decree, but he shall not be liable to be re-arrested under the execution of which he was so detained in prison. 10. Exemption from arrest and personal appearance. 2. 124. Bar to further suit. The costs of an application for permission to sue as pauper and of no inquiry into pauperism shall be costs in the suit. 3. Removal of attachment when security furnished or suit dismissed. Zain Sheikh & Associates, Advocates & Corporate Consultants, The Constitution of Pakistan, 1973 Developed by Zain Sheikh, Protection of Women (Criminal Laws Amendment) Act, 2006, 001- The Contempt of Court Ordinance, 2003, 05-The Diplomatic and Consular Privileges Act, 1972, 06-The Vienna Convention on Consular Relations, 1963, 07-Vienna Convention on Diplomatic Relations, 1961, 09- The Pakistan Penal Code, 1860 Part II. 33. (6) On the application of the holder of a decree sought to be executed by the attachment of another decree, the Court making an order of attachment under this rule shall give notice of such order to the judgment debtor bound by the decree attached; and no payment or adjustment of the attached decree made by the judgment-debtor in contravention of such order after receipt of notice thereof, either through the Court or otherwise, shall be recognized by any Court so’ long as the attachment remains in force. (1) Where at any time before judgment a Court in which a suit has been instituted doubts whether the suit is cognizable by a Court of Small Causes or is not so cognizable, it may submit the record to the High Court, with a statement of its reasons for the doubt as to the nature of the suit. 24. 45. Release of property from attachment (1) rule 10 and rule 11, clauses (b) and (c), of Order VII; (4) rules 5, 6, 8, 9, 10, 11, 13, 14, 15, and 16 (so far as relates to manner of taking evidence) of Order XVIII; (6) rule 7 of Order XXXIII (so far as relates to the making of a memorandum); and rule 35 of Order XLIL shall not apply to any such High Court in the exercise of its appellate jurisdiction. (1) In a suit for redemption, if the plaintiff succeeds, the Court shall pass a preliminary decree: –, (a) ordering that an account be taken of what was due to the defendant at the date of such decree for:-, (iii) other costs, charges and expenses properly incurred by him up to that date, in respect of his mortgage-security, together with interest thereon ; or, (i) that if the plaintiff pays into Court the amount so found or declared due on or before such date as the Court may fix within six months from the date on which the Court confirms and countersigns the account taken under clause (a), or from the date on which such amount is declared in Court under clause (b), as the case may be, and thereafter pays such amount as may be adjudged due in respect of subsequent costs, charges and expenses as provided in rule 10 together with subsequent interest on such sums respectively as provided in rule 11, the defendant shall deliver up to the plaintiff, or to such person as the plaintiff appoints, all documents in his possession or power relating to the mortgaged property, and shall, if so required, retransfer the property to the plaintiff at his cost free from the mortgage and from all incumberances created by the defendant or any person claiming under him, or, where the defendant claims by derived title, by those under whom he claims, and shall also, if necessary, put the plaintiff in possession of the property; and, (ii) that, if payment of the amount found or declared due under or by the preliminary decree is not made on or before the date so fixed, or the plaintiff fails to pay, within such time as the Court may fix, the amount adjudged due in respect of subsequent costs, charges, expenses and interests, the defendant shall be entitled to apply for a final decree:-, (a) in the case of a mortgage other than a usufructuary mortgage, a mortgage by conditional sale, or an anomalous mortgage the terms of which provide for foreclosure only and not for sale, that the mortgage property be sold, or. 37. (c) by a decision on a reference from a Court of Small Causes,and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake OF error apparent on the face of the receipt, or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order. Court receiving copies of decree, etc., to file same without proof. (3) A debtor prohibited under clause (/) of sub-rule (1) may pay the amount of his debt into Court, and such payment shall discharge him as effectually as payment to the party entitled to receive the same. (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 : Provided that a documentary may be returned at any time earlier than that prescribed by this rule if the person applying therefor delivers to the proper officer a certified copy to be substituted for the original and undertakes to produce the original if required to do so: Provided also that no document shall be returned which, by force of the decree, has become wholly void or useless. (3) Where the judgment-debtor objects to the draft, is objections shall be stated in writing within such time, and the Court shall take such order approving or altering the draft, as it thinks fit. 97. Form of interrogatories Publication of rules, PART XIMISCELLANEOUS General Provisions 21. (1) Where it appears to a District Court that a Court subordinate thereto has, by reason of erroneously holding a suit to be cognizable by a Court of Small Causes or not to be so cognizable, failed to exercise a jurisdiction vested in it by law, or exercised a jurisdiction not so vested, the District Court may, and if required by a party shall, submit the record to the High Court with a statement of its reasons for considering the opinion of the subordinate Court with respect to the nature of the suit to be erroneous. (2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time to time, at any time before the passing of a final decree for foreclosure or sale, as the case may be, extend the time fixed for the payment of the amount found or declared due under sub-rule (1) or of the amount adjudged due in respect of subsequent costs, charges, expenses and interest. Persons specially appointed by Government to prosecute or defend for Ruler of foreign State. Application to Court whose decree complained of 153. It has power to pass a decree against Y. Receipt by next friend or guardian for the suit of property under decree for minor. 5. 10. (2) When the plaintiff has selected the causes of action with which he will proceed, the Court shall pass an order.giving him time within which to submit amended plaints for me remaining causes of action and for making up the Court-fees that may be necessary. Such appointment may be special or general and shall be made by an instrument in writing signed by principal, and such instrument or, if the appointment is general, a certified copy thereof shall be filed in Court. Powers of Court pending appeal Language of subordinate Courts [Omitted by Civil Laws (Reforms) Act (XIV of 1994)}. Service on agent by whom defendant carries on business Notice of day for receiving evidence of applicant’s pauperism Order to answer or answers further, 12. Here is a beautiful, mobile perfect PDF for Civil Procedure Code, 1908. Inquiry into pauperism, 2. 141. Production of document on which plaintiff sues. Such objection may be taken at once by an appeal from the order granting the application or in any appeal from the final decree or order passed or made in the suit. 15. 49. Civil Procedure Codes, 1908 CONTENTS PRELIMINARY 1. Where defendant may be called upon to furnish security for appearance 29. Institution of summary suits upon bills of exchange, etc. 10. The first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. (1) formal documents directed to be excluded by [Rule of the Supreme Court] in force for the time being; 38. Any Court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the Court thinks reasonable : Oral examination of party or companion of party. 149. Transfer of business (2) If presented by agent, Court may order applicant to be examined by commission. [12.5.1909]. 1,000. 3. Who may be joined as defendants (2) Where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of ascertaining such liability, the Court executing the decree may, of its own motion or on the application of the decree-holder, compel such legal representative to produce such accounts as it thinks fit. Procedure when only plaintiff appears. 109. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; It is hereby enacted as follows: –. The Court shall recorded such admissions and denies. (3) The Province of Kumaon and Garhwal and the Tarai Parganas (with modifications): U.P.Gazette 1909.Pt.I, p.3 and Gazette of India, 1909, Pt.I, p.31. Order of rejection not appealable: Objections to order granting application. 11. Procedure on rejecting plaint. (1) Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased. Witnesses to be examined in open Court Publication of rules.-Rules made in accordance with section 129 [x x x] shall be published in the official Gazette and shall from the date of publication or from such other date as may be specified have the force of law. (1) Where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that jurisdiction who is empowered to accept the service of the summons, the summons shall, unless the Court otherwise directs, be delivered or sent to the proper officer to be served by him or one of his subordinates. Where a minor co-plaintiff attaining majority desires to repudiate suit 139. (2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are applicable. 1,000. (3) The property attached under sub-rule (2) may, when the Court considers it fit so to direct, be sold and out of the proceeds, the Court may award such compensation to the injured party as it finds proper and shall pay the balance, if any, to the party entitled thereto’. Reattached in execution of decrees of several defendants making such inquiry as it thinks respecting. Of clause ( 1 ) no proceeding in any suit for sale but any person be. 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