Oral submission by the parties. Sub-section 2 omitted by Act No. Where any person agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed. Added by Act 1 of 1914, sec. The Court of first instance does not cease to have jurisdiction to execute a decree merely on the ground that after the institution of the suit wherein the decree was passed orafter the passing of the decree, any area has been transferred from the jurisdiction of that Court to the jurisdiction of any other Court; but in every such case, such otherCourt shall also have jurisdiction to execute the decree, if at the time of amking the application for execution of the decree it would have jurisdiction to try the said suit. A decree may be executed either by the court which passed it, or by the Court to which it is sent for execution. ? Reference of High Court Division.
Where any money payable to a Govt. 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. Exemption from arrest and personal appearance. Decision where appeal heard by two or more Judges. A may sue B and C at Benaras, where the cause of action arose.
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 its ordinary jurisdiction. When foreign judgment not conclusive. Where any person agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed. Civil Procedure Code, 1908 An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. You can also buy bundles of 50 cards by paying a nominal fee.
What Courts to hear appeals. Execution of decrees passed by Revenue Courts in places to which this Code does not extend. The Dh holds a legitimate Sale Deed in his favour thro Court, since 2002, while as the Fraudulent Transfer in favour of the Objector is by way of the fraud Sale Deed in 2011. Short title, commencement and extent. Power of Court in executing transferred decree:? General Provisions relating to Appeals 107. A decree may be executed either by the court which passed it, or by the Court to which it is sent for execution.
Rules to be subject to approval. 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,- a make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence; b issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid; c order any fact to be proved by affidavit. The provisions of this Code relating to the execution of decree including provisions relating to payment under a decree shall, so far as they are applicable, be deemed to apply to the execution of orders including payment an order. Sub-section 3 omitted by Act 66 of 1956, sec. Partition of estate or separation of share. Seizure of property in dwelling-house. Power of Supreme Court to transfer suits,etc.
Presumption as to foreign judgments. The words in italics were subs. Compensatory costs in respect of false or vexatious claims or defences. When the evidence of the defence is to be secured, the state Evidence Defence is mentioned. A bunch of such document is known as paper book. Where Court may authorise Collector to stay public sale of land. Exercise of powers of Advocate-General outside presidency-towns.
Power to transfer suits which may be instituted in more than one Court. A Caveat is a Notice given by a person, informing the Court that another person may file a suit or application against him and that the Court must give the Caveator person filing the Caveat a fair hearing before deciding any matter brought before it in the relevant case. A, B and C being together at Benaras, B and C make a joint promissory note payable on demand, and deliver it to A. Style of foreign Rulers as parties to suits. ? In which court the suit is to be filed in Mumbai.
Power of High Court to make rules as to their original Civil Procedure. Why do people file Caveats? Illustrations a A proposes, by letter, to sell a house to B at a certain price. Oath on affidavit by whom to be administered. Illustrations a A is a tradesman in Calcutta, B carries on business in Delhi. The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow.
Part to apply only to certain High Courts. Proceeds of execution-sale to be rateably distributed among decree-holders. 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. The State Government may, by general or special order published in the Official Gazette, declare that such portion of agricultural produce,or of any class of agricultural produce,as may appear to the State Government to be necessary for the purpose of providing until the next harvest the due cultivation of the land and for the support ofthe judgment-debtor and his family, shall, in the case of all agriculturists or of any class of agriculturists, be exempted from liability to attachment or sale in exaction of a decree. Held, the decree is not passed against Managing Director in his individual capacity.
Private alienation of property after attachment to be void. These provisions are applicable to Commercial disputes of specified value. Is there any Citation of a case or an Order or Rule available? Bar on suit to set aside decree on objection as to place of suing? Execution of decree or order by Court to which it is sent. No second appeal in certain cases. Power of Court to issue commissions.