THE CODE OF CIVIL PROCEDURE, 1908

ACT NO. 5 OF 19081

[21st March, 1908.]

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

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 :

PRELIMINARY

1. Short title, commencement and extent.—(1) This Act may be cited as the Code of Civil Procedure, 1908.

(2) It shall come into force on the first day of January, 1909.

2[(3) It extends to the whole of India except—

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(b) the State of Nagaland and the tribal areas:

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 State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications as may be specified in the notification.

Explanation. — In this clause, “tribal areas” means the territories which, immediately before the 21st day of January, 1972, were included in the tribal areas of Assam as referred to in paragraph 20 of the Sixth Schedule to the Constitution.

(4) In relation to the Amindivi Islands, and the East Godavari, West Godavari and Visakhapatnam Agencies in the State of Andhra Pradesh and the Union Territory of Lakshadweep, the application of this Code shall be without prejudice to the application of any rule or regulation for the time being in force in such Islands, Agencies or such Union Territory, as the case may be, relating to the application of this Code.]

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

(1) “Code” includes rules;

(2) “decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within 4*** section 144, but shall not include—

(a) any adjudication from which an appeal lies as an appeal from an order, or

(b) any order of dismissal for default.

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;

(3) “decree-holder” means any person in whose favour a decree has been passed or an order capable of execution has been made;

(4) “district” means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a “District Court”), and includes the local limits of the ordinary original civil jurisdiction of a High Court;

5[(5) “foreign Court” means a Court situate outside India and not established or continued by the authority of the Central Government;]

(6) “foreign judgment” means the judgment of a foreign Court;

(7) “Government Pleader” includes any officer appointed by the State Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader;

6[(7A) “High Court” in relation to the Andaman and Nicobar Islands, means the High Court in Calcutta;

(7B) “India”, except in sections 1, 29, 43, 44, 7[44A,] 78, 79, 82, 83 and 87A, means the territory of India excluding the State of Jammu and Kashmir;]

(8) “Judge” means the presiding officer of a Civil Court;

(9) “judgment” means the statement given by the Judge of the grounds of a decree or order;

(10) “judgment-debtor” means any person against whom a decree has been passed or an order capable of execution has been made;

(11) “legal representative” means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued;

(12) “mesne profits” of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession;

(13) “movable property” includes growing crops;

(14) “order” means the formal expression of any decision of a Civil Court which is not a decree;

(15) “pleader” means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court;

(16) “prescribed” means prescribed by rules;

(17) “public officer” means a person falling under any of the following descriptions, namely :—

(a) every Judge;

(b) every member of 8[an All-India Service];

(c) every commissioned or gazetted officer in the military 9[naval or air] forces of. 10[the Union]

11*** while serving under the Government;

(d) Every officer of a court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order, in the Court, and every person especially authorised by a court of Justice to perform any of such duties;

(e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

(f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government; and

(h) every officer in the service or pay of the Government, or remunerated by fees or commission for the performance of any public duty;

(18) “rules” means rules and forms contained in the First Schedule or made under section 122 or section 125;

(19) “share in a corporation” shall be deemed to include stock, debenture stock, debentures or bonds; and

(20) “signed”, save in the case of a judgment or decree, includes stamped.

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3. Subordination of Courts.—For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court.

4. Savings.—(1) In the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law for the time being in force.

(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 landholder 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.

5. Application of the Code to Revenue Courts.—(1) Where any Revenue Courts are governed by the provisions of this Code in those matters of procedure upon which any special enactment applicable to them is silent, the State Government 13*** may, by notification in the Official Gazette, declare that any portions of those provisions which are not expressly made applicable by this Code shall not apply to those Courts, or shall only apply to them with such modifications as the State Government 14*** may prescribe.

(2) “Revenue Court” in sub-section (1) means a Court having jurisdiction under any local law to entertain suits or other proceedings relating to the rent, revenue or profits of land used for agricultural purposes, but does not include a Civil Court having original jurisdiction under this Code to try such suits or proceedings as being suits or proceedings of a civil nature.

6. Pecuniary jurisdiction.—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.

7. Provincial Small Cause Courts.—The following provisions shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887(9 of 1887) 15[or under the Berar Small Cause Courts Law, 1905], or to Courts exercising the jurisdiction of a Court of Small Causes 16[under the said Act or Law], 17[or to Courts in 18[any part of India to which the said Act does not extend] exercising a corresponding jurisdiction that is to say,—

(a) so much of the body of the Code as relates to—

(i) suits excepted from the cognizance of a Court of Small Causes;

(ii) the execution of decrees in such suits;

(iii) the execution of decrees against immovable property; and

(b) the following sections, that is to say,— section 9,

sections 91 and 92,

sections 94 and 95 19[so far as they authorize or relate to]—

(i) orders for the attachment of immovable property,

(ii) injunctions,

(iii) the appointment of a receiver of immovable property, or

(iv) the interlocutory orders to in clause (e) of section 94], and sections 96 to 112 and 115.

8. Presidency Small Cause Courts.—Save as provided in sections 24, 38 to 41, 75, clauses (a), (b) and (c), 76, 20[77, 157 and 158], and by the Presidency Small Cause Courts Act, 1882 (15 of 1882), the provisions in the body of this Code shall not extend to any suit or proceeding in any Court of Small Causes established in the towns of Calcutta, Madras and Bombay :

21[Provided that—

(1) the High Courts of Judicature at Fort William, Madras and Bombay, as the case may be, may from time to time, by notification in the Official Gazette, direct22 that any such provisions not inconsistent with the express provisions of the Presidency Small Cause Courts Act, 1882 (15 of 1882), and with such modifications and adaptations as may be specified in the notification, shall extend to suits or proceedings or any class of suits or proceedings in such Court;

(2) all rules heretofore made by any of the said High Courts under section 9 of the Presidency Small Cause Courts Act, 1882 (15 of 1882) shall be deemed to have been validly made.]

PART I
SUITS IN GENERAL JURISDICTION OF THE COURTS AND Res Judicata

9. Courts to try all civil suits unless barred.—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.

23[Explanation I].—A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.

24[Explanation II].—For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place.]

STATE AMENDMENTS

Maharashtra.—

Section 9A of the Code of Civil Procedure, 1908, in its application to the State of Maharashtra (hereinafter referred to as “the principal Act”), shall be deleted.

[Vide Maharashtra Act 61 of 2018, sec. 2.]

Notwithstanding the deletion of section 9A of the principal Act,—

(1) where consideration of a preliminary issue framed under section 9A is pending on the date of commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this section, referred to as “the Amendment Act”), the said issue shall be deemed to be an issue framed under Order XIV of the principal Act and shall be decided by the Court, as it deems fit, along with all other issues, at the time of final disposal of the suit itself :

Provided that, the evidence, if any, led by any party or parties to the suit, on the preliminary issue so framed under section 9A, shall be considered by the Court along with evidence, if any, led on other issues in the suit, at the time of final disposal of the suit itself ;

(2) in all the cases, where a preliminary issue framed under section 9A has been decided, holding that the Court has jurisdiction to entertain the suit, and a challenge to such decision is pending before a revisional Court, on the date of commencement of the Amendment Act, such revisional proceedings shall stand abated :

Provided that, where a decree in such suit is appealed from any error, defect or irregularity in the order upholding jurisdiction shall be treated as one of the ground of objection in the memorandum of appeal as if it had been included in such memorandum ;

(3) in all cases, where a preliminary issue framed under section 9A has been decided, holding that the Court has no jurisdiction to entertain the suit, and a challenge to such decision is pending before an appellate or revisional Court, on the date of commencement of the Amendment Act, such appellate or revisional proceedings shall continue as if the Amendment Act has not been enacted and section 9A has not been deleted :

Provided that, in case the appellate or revisional Court, while partly allowing such appeal or revision, remands the matter to the trial Court for reconsideration of the preliminary issue so framed under section 9A, upon receipt of these proceedings by the trial Court, all the provisions of the principal Act shall apply ;

(4) in all cases, where an order granting an ad-interim relief has been passed under sub-section (2) of section 9A prior to its deletion, such order shall be deemed to be an ad-interim order made under Order XXXIX of the principal Act and the Court shall, at the time of deciding the application in which such an order is made, either confirm or vacate or modify such order.

[Vide Maharashtra Act 61 of 2018, sec. 3.]

Maharashtra.—

In section 3 of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018, for clause (1), the following clause shall be substituted and shall be deemed to have been substituted with effect from 27th June 2018, being the date of commencement of the said Act, namely:—

“(1) where consideration of a preliminary issue framed under section 9A is pending on the date of commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this section, referred to as “the Amendment Act”), the said issue shall be decided and disposed of by the Court under section 9A, as if the said section 9A has not been deleted;”.

[Vide Maharashtra Act 72 of 2018, sec. 2, (w.e.f. 27-6-2018.)]

10. Stay of suit.—No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in 25[India] have jurisdiction to grant the relief claimed, or in any Court beyond the limits of [India] established or continued by 26[the Central Government 27***.] and having like jurisdiction, or before 28[the Supreme Court].

Explanation.—The pendency of a suit in a foreign Court does not preclude the Courts in [India] from trying a suit founded on the same cause of action.

11. Res judicata.—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 I.—The expression “former suit” shall denote a suit which has been decided prior to a suit in question whether or not it was instituted prior thereto.

Explanation II.—For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.

Explanation III.—The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other.

Explanation IV.—Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.

Explanation V.—Any relief claimed in the plaint, which is not expressly granted by the decree, shall for the purposes of this section, be deemed to have been refused.

Explanation VI.—Where persons litigate bona fide in respect of a 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 .

29[Explanation VII.—The provisions of this section shall apply to a proceeding for the execution of a decree and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a proceeding for the execution of the decree, question arising in such proceeding and a former proceeding for the execution of that decree.

Explanation VIII. —An issue heard and finally decided by a Court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been subsequently raised.]

12. Bar to further suit. —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.

13. When foreign judgment not conclusive.—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—

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of 30[India] in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in 2[India].

14. Presumption as to foreign judgments.—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.

PLACE OF SUING

15. Court in which suits to be instituted.—Every suit shall be instituted in the Court of the lowest grade competent to try it.

16. Suits to be instituted where subject-matter situate.—Subject to the pecuniary or other limitations prescribed by any law, suits—

(a) for the recovery of immovable property with or without rent or profits,

(b) for the partition of immovable property,

1. Ins. by Act 104 of 1976, s. 6 (w.e.f. 1-2-1977).

2. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951).

(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,

(d) or the determination of any other right to or interest in immovable property,

(e) for compensation for wrong to immovable property,

(f) for the recovery of movable property actually under distraint or attachment,

shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:

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.

Explanation.—In this section “property” means property situate in 31[India].

17. Suits for immovable property situate within jurisdiction of different Courts.—Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts, 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.

18. Place of Institution of suit where local limits of jurisdiction of Courts are uncertain.— (1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts, any immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction:

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.

(2) Where a statement has not been recorded under sub-section (1), and an objection is taken before an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for uncertainty as to the court having jurisdiction with respect thereto and there has been a consequent failure of justice.

19. Suits for compensation for wrongs to person or movables.—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.

Illustrations

(a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.

(b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta or in Delhi.

20. Other suits to be instituted where defendants reside or cause of action arises.—Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction—

(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or

(b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided

that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally works for gain, as aforesaid, acquiesce in such institution; or

(c) The cause of action, wholly or in part, arises.

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33[Explanation].—A corporation shall be deemed to carry on business at its sole or principal office in 34[India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.

Illustrations

(a) A is a tradesman in Calcutta, B carries on business in Delhi. B, by his agent in Calcutta, buys goods of A and requests A to deliver them to the East Indian Railway Company. 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.

(b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benaras, B and C make a joint promissory note payable on demand, and deliver it to A. 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 objects, the suit cannot proceed without the leave of the Court.

21. Objections to jurisdiction. —35[(1)] No objection as to the place of suing shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice.

36[(2) No objection as to the competence of a Court with reference to the pecuniary limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity, and, in all cases where issues are settled, at or before such settlement, and unless there has been a consequent failure of justice.

(3) No objection as to the competence of the executing Court with reference to the local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the executing Court at the earliest possible opportunity, and unless there has been a consequent failure of justice.]

37[21A. 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.

Explanation.—The expression “former suit” means a suit which has been decided prior to the decision in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was instituted prior to the suit in which the validity of such decree is questioned.]

22. Power to transfer suits which may be instituted in more than one Court.—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 any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.

23. To what Court application lies.—(I) Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellate Court.

(2) Where such Courts are subordinate to different Appellate Courts but to the same High Court, the application shall be made to the said High Court.

(3) Where such Courts are subordinate to different High Courts, the application shall be made to the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.

24. General power of transfer and withdrawal.—(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage—

(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or

(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and—

(i) try or dispose of the same; or

(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which 38[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

39[(3) For the purposes of this section,—

(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;

(b) “proceeding” includes a proceeding for the execution of a decree or order.]

(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.

40[(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.]

41[25. Power of Supreme Court to transfer suits, etc.—(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.

(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.

(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.]

INSTITUTION OF SUITS

26. Institution of suits. — 42[(1)] Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

43[(2) In every plaint, facts shall be proved by affidavit.]

44[Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of Rule 15A.]

SUMMONS AND DISCOVERY

27. Summons to defendants.—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 45[on such day not beyond thirty days from date of the institution of the suit.]

28. Service of summons where defendant resides in another State.—(1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State.

(2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue together with the record (if any) of its proceedings with regard thereto.

46[(3) Where the language of the summons sent for service in another State is different from the language of the record referred to in sub-section (2), a translation of the record,—

(a) in Hindi, where the language of the Court issuing the summons is Hindi, or

(b) in Hindi or English where the language of such record is other than Hindi or English, shall also be sent together with the record sent under that sub-section.]

47[29. Service of foreign summonses.—Summonses and other processes issued by—

(a) any Civil or Revenue Court established in any part of India to which the provisions of this Code do not extend, or

(b) any Civil or Revenue Court established or continued by the authority of the Central Government outside India, or

(c) any other Civil or Revenue Court outside India to which the Central Government has, by notification in the Official Gazette, declared the provisions of this section to apply,

may be sent to the Courts in the territories to which this Code extends, and served as if they were summonses issued by such Courts.]

30. 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,—

(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.

31. Summons to witness.—The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects.

32. Penalty for default.—The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may—

(a) issue a warrant for his arrest;

(b) attach and sell his property;

(c) impose a fine upon him 48[not exceeding five thousand rupees];

(d) order him to furnish security for his appearance and in default commit him to the civil prison.

JUDGMENT AND DECREE

33. Judgment and decree.—The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow.

INTEREST

34. Interest.— (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, 49[with further interest at such rate not exceeding six per cent. per annum as the Court deems reasonable on such principal sum], from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit:

50[Provided that where the liability in relation to the sum so adjudged had arisen out of a commercial transaction, the rate of such further interest may exceed six per cent. per annum, but shall not exceed the contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions.

Explanation I.—In this sub-section, “nationalised bank” means a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970).

Explanation II.—For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.]

(2) Where such a decree is silent with respect to the payment of further interest 51[on such principal sum] from the date of the decree to the date of payment or other earlier date, the Court shall be deemed to have refused such interest, and a separate suit therefor shall not lie.

COSTS

35. Costs.—(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of an incident to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers.

(2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in writing.

52* * * * *

53[35. Costs.— (1) In relation to any commercial dispute, the Court, notwithstanding anything contained in any other law for the time being in force or Rule, has the discretion to determine:

(a) whether costs are payable by one party to another;

(b) the quantum of those costs; and

(c) when they are to be paid.

Explanation.—For the purpose of clause (a), the expression “costs” shall mean reasonable costs relating to—

(i) the fees and expenses of the witnesses incurred;

(ii) legal fees and expenses incurred;

(iii) any other expenses incurred in connection with the proceedings.

(2) If the Court decides to make an order for payment of costs, the general rule is that the unsuccessful party shall be ordered to pay the costs of the successful party:

Provided that the Court may make an order deviating from the general rule for reasons to be recorded in writing.

Illustration

The Plaintiff, in his suit, seeks a money decree for breach of contract, and damages. The Court holds that the Plaintiff is entitled to the money decree. However, it returns a finding that the claim for damages is frivolous and vexatious.

In such circumstances the Court may impose costs on the Plaintiff, despite the Plaintiff being the successful party, for having raised frivolous claims for damages.

(3) In making an order for the payment of costs, the Court shall have regard to the following circumstances, including—

(a) the conduct of the parties;

(b) whether a party has succeeded on part of its case, even if that party has not been wholly successful;

(c) whether the party had made a frivolous counterclaim leading to delay in the disposal of the case;

(d) whether any reasonable offer to settle is made by a party and unreasonably refused by the other party;

and

(e) whether the party had made a frivolous claim and instituted a vexatious proceeding wasting the time of

the Court.

(4) The orders which the Court may make under this provision include an order that a party must pay––

(a) a proportion of another party’s costs;

(b) a stated amount in respect of another party’s costs;

(c) costs from or until a certain date;

(d) costs incurred before proceedings have begun;

(e) costs relating to particular steps taken in the proceedings;

(f) costs relating to a distinct part of the proceedings; and

(g) interest on costs from or until a certain date.]

54[35A. Compensatory costs in respect of false or vexatious claims or defences.—(1) If in any suit or other proceedings 55[including an execution proceeding but 56[excluding an appeal or a revision] any party objects to the claim or defence on the ground that the claim or defence or any part of it is, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the Court, 57[if it so thinks fit], may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment to the object or by the party by whom such claim or defence has been put forward, of cost by way of compensation.

58*[(2) No Court shall make any such order for the payment of an amount exceeding 59[three thousand rupees] or exceeding the limits of its pecuniary jurisdiction, whichever amount is less:

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, 1887 (9 of 1887), 60[or under a corresponding law in force in 61[any part of India to which the said Act does not extend] and not being a Court constituted 62[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 which any Court or class of Courts is empowered to award as costs under this section.]

(3) No person against whom an order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of any claim or defence made by him.

(4) The amount of any compensation awarded under this section in respect of a false or vexatious claim or defence shall be taken into account in any subsequent suit for damages or compensation in respect of such claim or defence.]

63[35B. Costs for causing delay.—(1) If, on any date fixed for the hearing of a suit or for taking any step therein, a party to the suit—

(a) fails to take the step which he was required by or under this Code to take on that date, or

(b) obtains an adjournment for taking such step or for producing evidence or on any other ground,

the Court may, for reasons to be recorded, make an order requiring such party to pay to the other party such costs as would, in the opinion of the Court, be reasonably sufficient to reimburse the other party in respect of the expenses incurred by him in attending the Court on that date, and payment of such costs, on the date next following the date of such order, shall be a condition precedent to the further prosecution of—

(a) the suit by the plaintiff, where the plaintiff was ordered to pay such costs,

(b) the defence by the defendant, where the defendent was ordered to pay such costs.

Explanation.—Where separate defences have been raised by the defendant or groups of defendants, payment of such costs shall be a condition precedent to the further prosecution of the defence by such defendants or groups of defendants as have been ordered by the Court to pay such costs.

(2) The costs, ordered to be paid under sub-section (1), shall not, if paid, be included in the costs awarded in the decree passed in the suit; but, if such costs are not paid, a separate order shall be drawn up indicating the amount of such costs and the names and addresses of the persons by whom such costs are payable and the order so drawn up shall be executable against such persons. ]

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Footnotes

  1. This Act has been amended in its application to Assam by Assam Acts 2 of 1941 and 3 of 1953; to Tamil Nadu by Madras Act 34 of 1950, Madras A.O. 1950, and Tamil Nadu Act 15 of 1970; to Punjab by Punjab Act 7 of 1934; to Uttar Pradesh by U.P. Acts 4 of 1925, 35 of 1948, 24 of 1954, 17 of 1970, 57 of 1976 and 31 of 1978; to Karnataka by Mysore Act 14 of 1955; to Kerala by Kerala Act 13 of 1957; to Rajasthan by Rajasthan Act 19 of 1958; to Maharashtra by Maharashtra Act 22 of 1960 and 25 of 1970; It has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and, by notification under ss. 5 and 5A of the Schedule Districts Act, 1874 (14 of 1874), also to the following Scheduled Districts:—
    (1) The district of Jalpaiguri, Cachar (excluding the North Cachar Hills, Goalpara (including the Eastern Duars), Kamrup, Darrang, Nowgong (excluding the Mikir Hill Tracts) Sibsagar (excluding the Mikir Hill Tracts) and Lakhimpur (excluding the Dibrugarh Frontier Tracts): Gazette of India, 1909, Pt. 1. p. 5 and ibid, 1914, Pt. I, p. 1690.
    (2) The District of Darjeeling and the District of Hazaribagh, Ranchi, Palamau and Manbhum in Chota Nagpur: Calcutta Gazette, 1909, Pt. I, p. 25 and Gazette of India, 1909, Pt. I, p. 33.
    (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.
    (4) The Pargana of Jaunsar-Bawar in Dehradun and the Scheduled portion of the Mirzapur District : U.P. Gazette, 1909, Pt. I, p. 4 and Gazette of India, 1909, Pt. I, p. 32.
    (5) Coorg: Gazette of India, 1909, Pt. I, p. 32.
    (6) Scheduled Districts in the Punjab: Gazette of India, 1909, Pt. I, p. 33.
    (7) Sections 36 to 43 to all the Scheduled Districts in Madras, Gazette of India, 1909, Pt. I., p. 152.
    (8) Scheduled Districts in the C.P., except so much as is already in force and so much as authorizes the attachment and sale of immovable property in execution of a decree, not being a decree directing the sale of such property: Gazette of India, 1909, Pt. I, p. 239.
    (9) Ajmer-Merwara except ss. 1 and 155 to 158: Gazette of India, 1909, Pt. II, p. 480.
    (10) Pargana Dhalbhum, the Municipality of Chaibassa in the Kolhan and the Porahat Estate in the District of Singhbhum: Calcutta, Gazette of India, 1909, Pt. I, p. 453 and Gazette of India, 1909, Pt. I, p. 443.
    Under s. 3(3)(a) of the Sonthal Parganas Settlement Regulation (3 of 1872), ss. 38 to 42 and 156 and rules 4 to 9 in Order XXI in the First Schedule have been declared to be in force in the Sonthal Parganas and the rest of the Code for the trial of suits referred to in s. 10 of the Sonthal Parganas Justice Regulation, 1893 (5 of 1893): see Calcutta, Gazette, 1909, Pt. I, p. 45.
    It has been declared to be in force in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s. 2; in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3 and Sch. and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch.
    It has been extended to the District of Koraput and Ganjam Agency by Orissa Regulation (5 of 1951), s.2. It has been extended to the State of Manipur (w.e.f. 1-1-1957) by Act 30 of 1950, s. 3 to the whole of the
    Union Territory of Lakshadweep (w.e.f. 1-10-1967) by Regulation 8 of 1965, s. 3 and Sch.: to Goa, Daman and Diu (w.e.f. 15-6-1966) by Act 30 of 1965, s. 3; to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. 1 and to the State of Sikkim (w.e.f. 1-9-1984), vide Notification No. S.O. 599 (E), dated 13-8-1984, Gazette of India, Extraordinary., Part. II, s. 3. ↩︎
  2. Subs. by Act 104 of 1976, s. 2, for sub-section (3) (w.e.f. 1-2-1977). ↩︎
  3. Clause (a) omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). ↩︎
  4. The words and figures “section 47 or” omitted by s. 3, ibid. (w.e.f. 1-2-1977). ↩︎
  5. Subs. by Act 2 of 1951, s. 4, for clause 5 (w.e.f. 1-4-1951). ↩︎
  6. Ins. by s. 4, ibid. (w.e.f. 1-4-1951). ↩︎
  7. Ins. by Act 42 of 1953, s. 4 and the Third Schedule (w.e.f. 23-12-1953). ↩︎
  8. Subs. by Act 104 of 1976, s. 3, for “the Indian Civil Service” (w.e.f. 1-2-1977). ↩︎
  9. Subs. by Act 35 of 1934, s. 2 and the Schedule, for “or naval”. ↩︎
  10. Subs. by the A.O. 1950, for “his Majesty”. ↩︎
  11. The words “including His Majesty’s Indian Marine Service” omitted by Act 35 of 1934, s. 2 and the Schedule. ↩︎
  12. Clause (21) Omitted by Act 2 of 1951, s. 4, Earlier Clause (21) ins. by the A.O. 1950. ↩︎
  13. The words “with the previous sanction of the G.G. in C”, omitted by Act 38 of 1920, s. 2 and the First Schedule Pt. I. ↩︎
  14. The words “with the sanction aforesaid” omitted by s. 2 and the First Schedule Pt. I, ibid. ↩︎
  15. Ins. by Act 4 of 1941, s. 2 and the Third Schedule. ↩︎
  16. Subs. by s. 2 and the Third Schedule., ibid., for “under that Act”. ↩︎
  17. Ins. by Act 2 of 1951, s. 5. ↩︎
  18. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”. ↩︎
  19. Subs. by Act 1 of 1926, s. 3, for “so far as they relate to injunctions and interlocutory orders” . ↩︎
  20. Subs. by Act 104 of 1976, s. 4, for “77 and 155 to 158” (w.e.f. 1-2-1977). ↩︎
  21. Added by Act 1 of 1914, s. 2. ↩︎
  22. For instance of such direction, see Calcutta Gazette, 1910, Pt. I, p. 814. ↩︎
  23. Explanation renumbered as Explanation I thereof by Act 104 of 1976, s. 5 (w.e.f. 1-2-1977). ↩︎
  24. Ins. by s. 5, ibid. (w.e.f. 1-2-1977). ↩︎
  25. Subs. by Act 2 of 1951, s. 3, for “the States”. ↩︎
  26. Subs. by the A.O. 1937, for “the G.G. in C.” ↩︎
  27. The words “or the Crown Representative” omitted by the A.O. 1948 ↩︎
  28. Subs. by the A.O. 1950, for “His Majesty in Council”. ↩︎
  29. Ins. by Act 104 of 1976, s. 6 (w.e.f. 1-2-1977). ↩︎
  30. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951). ↩︎
  31. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951). ↩︎
  32. Explanation 1 omitted by Act 104 of 1976, s. 7 (w.e.f. 1-2-1977). ↩︎
  33. Subs. by s. 7, ibid., for “Explanation II” (w.e.f. 1-2-1977). ↩︎
  34. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951). ↩︎
  35. S. 21 renumbered as sub-section (1) by Act 104 of 1976, s. 8 (w.e.f. 1-2-1977). ↩︎
  36. Ins. by s. 8, ibid. (w.e.f. 1-2-1977). ↩︎
  37. Ins. by s. 9, ibid. (w.e.f. 1-2-1977). ↩︎
  38. Subs. by Act 104 of 1976, s. 10, for “thereafter tries such suit” (w.e.f. 1-2-1977). ↩︎
  39. Subs. by s. 10, ibid., for sub-section (3) (w.e.f. 1-2-1977). ↩︎
  40. Ins. by s. 10, ibid. (w.e.f. 1-2-1977). ↩︎
  41. Subs. by s. 11, ibid., for s. 25 (w.e.f. 1-2-1977). ↩︎
  42. S. 26 renumbered as sub-section (1) by Act 46 of 1999, s. 2 (w.e.f. 1-7-2002). ↩︎
  43. Ins. by s. 3, ibid., (w.e.f. 1-7-2002). ↩︎
  44. * Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015). ↩︎
  45. Ins. by s. 3, ibid., (w.e.f. 1-7-2002). ↩︎
  46. Ins. by Act 104 of 1976, s. 12 (w.e.f. 1-5-1977). ↩︎
  47. Subs. by Act 2 of 1951, s. 6, for section 29 (w.e.f. 1-4-1951). ↩︎
  48. Subs. by Act 46 of 1999, s. 4, for “not exceeding five hundred rupees” (w.e.f. 1-7-2002).` ↩︎
  49. Subs. by Act 66 of 1956, s. 2, for certain words (w.e.f. 1-1-1957). ↩︎
  50. Ins. by Act 104 of 1976, s. 13 (w.e.f. 1-7-1977). ↩︎
  51. Subs. by Act 66 of 1956, s. 2, for “on such aggregate sum as aforesaid” (w.e.f. 1-1-1957). ↩︎
  52. Sub-section (3) omitted by Act 66 of 1956, s. 3 (w.e.f. 1-1-1957). ↩︎
  53. *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015) ↩︎
  54. Section 35A ins. by Act 9 of 1922, s. 2, which, under section 1(2) thereof may be brought into force in any State by the State Government on any specified date. It has been so brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P., Assam, Orissa and Madras. ↩︎
  55. Subs. by Act 66 of 1956, s. 4, for “not being an appeal” (w.e.f. 1-2-1957). ↩︎
  56. Subs. by Act 104 of 1976, s. 14, for “excluding an appeal” (w.e.f. 1-2-1977). ↩︎
  57. Subs. by Act 66 of 1956, s. 4, for certain words (w.e.f. 1-2-1957). ↩︎
  58. *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015). ↩︎
  59. Subs. by Act 104 of 1976, s. 14, for “one thousand rupees” (w.e.f. 1-2-1977). ↩︎
  60. Ins. by Act 2 of 1951, s. 7. ↩︎
  61. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “a Part B State”. ↩︎
  62. Subs. by Act 2 of 1951, s. 7, for “under that Act” (w.e.f. 1-4-1951). ↩︎
  63. Ins. by Act 104 of 1976, s. 15 (w.e.f. 1-2-1977). ↩︎
  64. Subs. by s. 16, ibid., for section 36 (w.e.f. 1-2-1977). ↩︎
  65. Ins. by s. 17, ibid. (w.e.f. 1-2-1977). ↩︎
  66. Ins. by s. 18, ibid. (w.e.f. 1-2-1977). ↩︎
  67. Ins. by Act 104 of 1976, s. 18, (w.e.f. 1-2-1977). ↩︎
  68. Ins. by Act 22 of 2002, s. 2 (w.e.f. 1-7-2002). ↩︎
  69. S. 42 renumbered as sub-section (1) by Act 104 of 1976, s. 19, (w.e.f. 1-2-1977). ↩︎
  70. Ins. by s. 19, ibid., (w.e.f. 1-2-1977). ↩︎
  71. Subs. by Act 2 of 1951, s. 8, for section 43 (w.e.f. 1-4-1951). ↩︎
  72. Subs. by Act 2 of 1951, s. 9, for section 44 (w.e.f. 1-4-1951). ↩︎
  73. Ins. by Act 8 of 1937, s. 2. ↩︎
  74. The words “the United Kingdom or” omitted by Act 71 of 1952, s. 2. ↩︎
  75. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951). ↩︎
  76. Subs. by Act 71 of 1952, s. 2, for Explanations 1 to 3. ↩︎
  77. Subs. by the A.O. 1937, for section 45. ↩︎
  78. The words “or continued” omitted by the A.O. 1948. ↩︎
  79. Subs. by the A.O. 1950, for “in any Indian State”. ↩︎
  80. Sub-section (2) omitted by Act 104 of 1976, s. 20 (w.e.f. 1-2-1977). ↩︎
  81. Subs. by s. 20, ibid. for the Explanation (w.e.f. 1-2-1977). ↩︎
  82. Ins. by ibid, s. 21, (w.e.f. 1-2-1977). ↩︎
  83. Ins. by Act 21 of 1936, s. 2. ↩︎
  84. Subs. by Act 3 of 1921, s. 2, for “will be discharged”. ↩︎
  85. Subs. by s. 2, ibid., for “shall release”. ↩︎
  86. Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977). ↩︎
  87. Subs. by Act 46 of 1999, s. 5, “one thousand rupees” (w.e.f. 1-7-2002). ↩︎
  88. Subs. by s. 5, ibid., by clause (b) (w.e.f. 1-7-2002). ↩︎
  89. Ins. by Act 104 of 1976, s. 22 (w.e.f. 1-2-1977). ↩︎
  90. Subs. by Act 46 of 1999, s. 5, for “five hundred rupees” (w.e.f. 1-7-2002). ↩︎
  91. For amendments to s. 60, in its application to East Punjab, see the Punjab Relief of Indebtedness Act, 1934 (Pun. Act 7 of 1934), s. 35, as amended by Pun. Acts 12 of 1940 and 6 of 1942. ↩︎
  92. Subs. by Act 104 of 1976, s. 23, for “an agriculturist” (w.e.f. 1-2-1977) ↩︎
  93. Ins. by s. 23, ibid. (w.e.f. 1-2-1977). ↩︎
  94. For such a notification, see Gazette of India, 1909, Pt. I, p. 5. ↩︎
  95. Subs. by the A.O. 1937, for “the G.G. in C.” ↩︎
  96. Subs. by Act 9 of 1937, s. 2, for clauses (h) and (i). The amendments made by that section have no effect in respect of any proceedings arising out of a suit instituted before 1st June, 1937, see ibid., section 3. ↩︎
  97. The words “and salary, to the extent of the first hundred rupees and one-half the remainder of such salary” omitted by Act 5 of 1943, s. 2. ↩︎
  98. Subs. by s. 2, ibid., for clause (i) and the proviso. ↩︎
  99. Subs. by Act 26 of 1963, s. 2, for “the first hundred rupees”. ↩︎
  100. Subs. by Act 104 of 1976, s. 23, for “two hundred rupees and one-half the remainder” (w.e.f. 1-2-1977). ↩︎
  101. Subs. by Act 46 of 1999, s. 6, for “four hundred rupees” (w.e.f. 1-7-2002). ↩︎
  102. Ins. by Act 66 of 1956, s. 6 (w.e.f. 1-1-1957). ↩︎
  103. Subs. by Act 104 of 1976, s. 23, for “the proviso” (w.e.f. 1-2-1977). ↩︎
  104. Ins. by Act 66 of 1956, s. 6 (w.e.f. 1-1-1957). ↩︎
  105. Subs. by s. 23, ibid., for clause (j) (w.e.f. 1-2-1977). ↩︎
  106. Subs. by Act 9 of 1937, s. 2, for “1897”. ↩︎
  107. Ins. by Act 104 of 1976, s. 23 (w.e.f. 1-2-1977). ↩︎
  108. Subs. by Act 9 of 1937, s. 2, for the original clause (l), see also footnote 3. ↩︎
  109. Subs. by Act 5 of 1943, s. 2, for “public officer”. ↩︎
  110. Subs. by the A.O. 1950 for “crown”. ↩︎
  111. Subs. by the A.O. 1937, for “G.G. in C”. ↩︎
  112. Subs. by Act 5 of 1943, s. 2, for “any such officer or servant”. ↩︎
  113. Subs. by the A.O. 1937, for “any law passed under the Indian Councils Act 1861 and 1892”. ↩︎
  114. Subs. by Act 104 of 1976, s. 23, for Explanation I (w.e.f. 1-2-1977). ↩︎
  115. Added by Act 9 of 1937, s. 2, The amendments made by that section shall not effect in respect of any proceeding arising out of any suit instituted before 1st June, 1937, see ibid., section 3. ↩︎
  116. Subs. by Act 104 of 1976, s. 23, “Explanation 2. —in clauses (h) and (i)” (w.e.f. 1-2- 1977). ↩︎
  117. Ins. by the A.O. 1937. ↩︎
  118. Subs. by Act 104 of 1976, s. 23, for figur “3” (w.e.f. 1-2-1977). ↩︎
  119. Subs. by Act 5 of 1943, s. 2, for “Public officer”. ↩︎
  120. Subs. by the A.O. 1950, for “a Federal Railway”. ↩︎
  121. Clause (ii) omitted by the A.O. 1948. ↩︎
  122. The words “railway or” omitted by the A.O. 1950. ↩︎
  123. Ins. by Act 104 of 1976, s. 23 (w.e.f. 1-2-1977). ↩︎
  124. Ins. by Act 104 of 1976, s. 23 (w.e.f. 1-2-1977). ↩︎
  125. The brackets and letter “(a)”, rep. by Act 10 of 1914, s. 3 and the Second Schedule. ↩︎
  126. The word “or” rep. by, s. 3, ibid., and the Second Schedule. ↩︎
  127. Clause (b) rep. by, s. 3 ibid., and the Second Schedule. ↩︎
  128. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and the First Schedule Pt 1. ↩︎
  129. Explanation ins. by Act 104 of 1976, s. 24 (w.e.f. 1-2-1977). ↩︎
  130. Section 64 renumbered as sub-section (1) by Act 22 of 2002, s. 3 (w.e.f. 1-7-2002). ↩︎
  131. Ins. by, Act 22 of 2002, s. 3, (w.e.f. 1-7-2002). ↩︎
  132. Section 67 renumbered as sub-section (1) by Act 1 of 1914, s. 3. ↩︎
  133. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and the Schedule, Pt. 1. ↩︎
  134. Added by Act 1 of 1914, s. 3. ↩︎
  135. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and the Schedule, Pt. 1. ↩︎
  136. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984). ↩︎
  137. Ins. by Act 104 of 1976, s. 26 (w.e.f. 1-2-1977). ↩︎
  138. Subs. by Act 2 of 1951, s. 3, for “the States”. ↩︎
  139. Subs. by Act 2 of 1951, s. 11, for section 78 (w.e.f. 1-4-1951) ↩︎
  140. Subs by the A.O. 1948, for section 79. ↩︎
  141. Subs. by the A.O. 1950, for “the Dominion of India”. ↩︎
  142. S. 80 renumbered as sub-section (1) by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977). ↩︎
  143. Subs. by s. 27, ibid., for “No suit shall be instituted” (w.e.f. 1-2-1977). ↩︎
  144. Subs. by Act 26 of 1963, s. 3, for “shall be instituted against the Government” (w.e.f. 5-6-1964). The words in italics were subs. by the A.O. 1948, for “Instituted against the Crown” ↩︎
  145. Subs. by the A.O. 1937, for “in the case of the Secretary of State in Council, delivered to, or left at the office of a Secretary to the L.G. or the Collector of the District”. ↩︎
  146. Ins. by Act 6 of 1948, s. 2. ↩︎
  147. Clause (aa) ins. by Act 6 of 1948, s. 2 and relattered as clause (b) and the Former clause (b) omitted by the A.O. 1948. ↩︎
  148. Ins. by Act 26 of 1963, s. 3 (w.e.f. 5-6-1964). ↩︎
  149. Subs. by s. 3, ibid., for “a State Government” (w.e.f. 5-6-1964). ↩︎
  150. The word “and” omitted by the A.O. 1948. ↩︎
  151. Clause (d) omitted ibid. ↩︎
  152. Ins. by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977). ↩︎
  153. Subs. by s. 28, ibid., for sub-section (1) (w.e.f. 1-2-1977). ↩︎
  154. Subs. by Act 104 of 1976, s. 28, for “such report” (w.e.f. 1-2-1977). ↩︎
  155. Ins. by Act 32 of 1949, s. 2. ↩︎
  156. Subs. by the A.O. 1950, for “the Dominion of India”. ↩︎
  157. Subs. by Act 2 of 1951, s. 12, for the former heading and sub-sections 83 to 87 (w.e.f. 1-4-1951). ↩︎
  158. The words “Ruler of a” omitted by Act 104 of 1976, s. 29 (w.e.f. 1-2-1977). ↩︎
  159. Subs. by s. 29, ibid., for “a Ruler” (w.e.f. 1-2-1977). ↩︎
  160. Subs. by s. 29, ibid., for “the Ruler (w.e.f. 1-2-1977). ↩︎
  161. Subs. by s. 29, ibid., for “the Ruler (w.e.f. 1-2-1977). ↩︎
  162. Subs. by s. 29, ibid., for “him” (w.e.f. 1-2-1977). ↩︎
  163. Subs. by Act 104 of 1976, s. 29, for “himself” (w.e.f. 1-2-1977). ↩︎
  164. Subs. by s. 29, ibid., for “him” (w.e.f. 1-2-1977). ↩︎
  165. Subs. by s. 29, ibid., for sub-section (3) (w.e.f. 1-2-1977). ↩︎
  166. Ins. by s. 29, ibid. (w.e.f. 1-2-1977). ↩︎
  167. Clause (a) re-lettered as clause (aa) by Act 104 of 1976, s. 29 (w.e.f. 1-2-1977). ↩︎
  168. Subs. by s. 29, ibid, for “or retinue of the Ruler, Ambassador” (w.e.f. 1-2-1977). ↩︎
  169. Subs. by s. 29, ibid, for “as they apply in relation to the Ruler of a foreign State” (w.e.f. 1-2-1977). ↩︎
  170. Ins. by s. 29, ibid. (w.e.f. 1-2-1977). ↩︎
  171. Subs. by Act 54 of 1972, s. 3, for sub-section (1) (w.e.f. 9-9-1972). ↩︎
  172. The word “and” omitted by s. 3, ibid. (w.e.f. 9-9-1972). ↩︎
  173. Subs. by Act 54 of 1972, s. 3, for clause (b) (w.e.f. 9-9-1972). ↩︎
  174. Ins. by Act 46 of 1999, s. 7 (w.e.f. 1-7-2002), Earlier rep by Act 10 of 1940, s. 49 or the Third Schedule. ↩︎
  175. Subs. by Act 104 of 1976, s. 30, for the former headings (w.e.f. 1-2-1977). ↩︎
  176. Subs. by s. 30, ibid., for sub-section (1) (w.e.f. 1-2-1977). ↩︎
  177. S. 92 shall not apply to any religious trust in Bihar, see Bihar Act 1 of 1951. ↩︎
  178. Subs. by Act 104 of 1976, s. 31, for “consent in writing of the Advocate-General” (w.e.f. 1-2-1977). ↩︎
  179. Ins. by Act 66 of 1956, s. 9 (w.e.f. 1-1-1957). ↩︎
  180. Ins. by Act 2 of 1951, s. 13 (w.e.f. 1-4-1951). ↩︎
  181. Subs. by the A.O. (No. 2), 1956, for “a Part B State”. ↩︎
  182. Ins. by Act 104 of 1976, s. 31 (w.e.f. 1-2-1977). ↩︎
  183. Subs. by Act 46 of 1999, s. 8, for “not exceeding one thousand rupees” (w.e.f. 1-7-2002). ↩︎
  184. Subs. by Act 104 of 1976, s. 32, for “expense or injury caused to him” (w.e.f. 1-2-1977). ↩︎
  185. Ins. by Act 104 of 1976, s. 33 (w.e.f. 1-2-1977). ↩︎
  186. Subs. by Act 46 of 1999, s. 9, for “three thousand rupees” (w.e.f. 1-7-2002). ↩︎
  187. Subs. by Act 104 of 1976, s. 34, for certain words (w.e.f. 1-2-1977). ↩︎
  188. Ins. by Act 18 of 1928, s. 2 and the First Schedule. ↩︎
  189. Ins. by Act 104 of 1976, s. 35 (w.e.f. 1-2-1977). ↩︎
  190. Proviso Added by s. 35, ibid. (w.e.f. 1-2-1977). ↩︎
  191. Ins. by s. 36, ibid. (w.e.f. 1-2-1977). ↩︎
  192. Subs. by s. 37, ibid., for section 100 (w.e.f. 1-2-1977). ↩︎
  193. Subs. by Act 22 of 2002, s. 4, for section 100 A (w.e.f 1-7-2002). ↩︎
  194. Subs. by s. 5, ibid., for section 102 (w.e.f. 1-7-2002). ↩︎
  195. Subs. by Act 104 of 1976, s. 40, for section 103 (w.e.f. 1-2-1977). ↩︎
  196. Clauses (a) to (f) omitted by Act 10 of 1940, s. 49 and the Third Schedule. ↩︎
  197. Ins. by Act 9 of 1922, s. 3, see also foot-note to section 35A, Supra. ↩︎
  198. Ins. by Act 104 of 1976, s. 41 (w.e.f. 1-2-1977). ↩︎
  199. Ins. by Act 9 of 1922, s. 3, see also foot-note to section 35A, Supra. ↩︎
  200. Words “made after the commencement of this Code” omitted by, s. 42, ibid., (w.e.f. 1-2-1977). ↩︎
  201. Subs. by Act 49 of 1973, s. 2, for section 109 (w.e.f. 29-11-1973). ↩︎
  202. Ins. by the A.O. 1937. ↩︎
  203. Subs. by the A.O. 1950, for the former sub-section (1). ↩︎
  204. Added by Act 24 of 1951, s. 2 (w.e.f. 1-4-1951). ↩︎
  205. Section 115 re-numbered as sub-section (1) by Act 104 of 1976, s. 43 (w.e.f. 1-2-1977). ↩︎
  206. Subs. by Act 46 of 1999, s.12, for “proviso” (w.e.f. 1-7-2002). ↩︎
  207. Ins. by Act 104 of 1976, s. 43 (w.e.f 1-2-1977). ↩︎
  208. Ins. by Act 46 of 1999, s.12 (w.e.f. 1-7-2002). ↩︎
  209. Subs. by Act 2 of 1951, s. 14, for “CHARTERED HIGH COURTS”. ↩︎
  210. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for “For Part A States and Part B States”. ↩︎
  211. Sub-section (2) rep. by Act 3 of 1909, s. 127 and the Third Sch. ↩︎
  212. Subs. by the A.O. 1950, for “Courts which are High Courts for the purposes of the Government of India Act, 1935”. ↩︎
  213. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “for Part A States and Part B States”. The words in italics were ins. by Act 2 of 1951, s. 15 (w.e.f. 1-4-1951). ↩︎
  214. The words “and the Chief Court of Lower Burma” rep. by Act 11 of 1923, s. 3 and the Second Schedule. ↩︎
  215. Subs. by Act 13 of 1916, s. 2 and the Schedule, for “each of the towns of Calcutta, Madras, Bombay, Allahabad, Lahore and Rangoon”. ↩︎
  216. The words “and of the Chief Court” omitted by the Act 11 of 1923, s. 3 and the Second Schedule. These words were again ins. by Act 32 of 1925, and subsequently omitted by the A.O. 1948. ↩︎
  217. The brackets and words “(in Burma)” rep. by Act 11 of 1923, s. 3 and the Second Schedule. ↩︎
  218. Subs. by Act 2 of 1951, s. 16, for clauses (b) and (c). ↩︎
  219. Clauses (d) and (e) re-lettered as clauses (c) and (d) respectively by s. 16, ibid. (w.e.f. 1-4-1961). ↩︎
  220. The word “and” omitted by Act 38 of 1978, s. 3 and the Second Schedule (w.e.f. 26-11-1978) ↩︎
  221. Clause (d) omitted by s. 3, ibid. and the Second Schedule. ↩︎
  222. Subs. by Act 104 of 1976, s. 44, for “Chief Justice or Chief Judge” (w.e.f. 1-2-1977). ↩︎
  223. Proviso omitted by s. 44, ibid. (w.e.f. 1-2-1977). ↩︎
  224. Subs. by Act 104 of 1976, s. 44, for “Chief Justice or Chief Judge” (w.e.f. 1-2-1977). ↩︎
  225. Subs. by the A.O. 1937, for “by the G.G. in C. or by the L.G., as the case may be”. ↩︎
  226. Subs. by Act 38 of 1920, s. 2 and the First Schedule, Pt. I, for “as the G.G. in C. may determine”. ↩︎
  227. Subs. by the A.O.1937, for “in the case of the Court of the Judicial Commissioner of Coorg, the G.G. in C., and, in other cases the L.G.”. ↩︎
  228. Subs. by the A.O.1937, for section 126. ↩︎
  229. Subs. by the A.O. 1950, for “Governor General”. ↩︎
  230. Subs. by Act 24 of 1917, s. 2 and the First Schedule, for “sanctioned”. ↩︎
  231. Subs. by the A.O. 1937, for “Gazette of India or in the local Official Gazette, as the case may be”. Strictly the substitution would read “Official Gazette or in the Official Gazette, as the case may be, but the latter words have been omitted as being redundant”. ↩︎
  232. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “for a Part A State or a Part B State”. ↩︎
  233. Ins. by the A.O. 1950. ↩︎
  234. Ins. by Act 2 of 1951, s. 17 (w.e.f. 1-4-1951). ↩︎
  235. Subs. by the A.O. 1937, for section 130. ↩︎
  236. Subs. by the A.O. 1950, for “not constituted by His Majesty by Letters Patent”. ↩︎
  237. Subs., ibid., for “so constituted”. ↩︎
  238. The word and letter “Part A” omitted by the Adaptation of Laws (No. 2) Order, 1956. ↩︎
  239. Subs. by the A.O. 1950, for “section 224 of the Government of India Act, 1935”. ↩︎
  240. Subs. by the A.O.1937, for “Gazette of India or in the Local Official Gazette, as the case may be”. Strictly the substitution would read “Official Gazette or in the Official Gazette, as the case may be,” but the latter words have been omitted as being redundant. ↩︎
  241. Subs. by Act 66 of 1956, s. 12, for sub-section (1) (w.e.f. 1-1-1957). ↩︎
  242. Sub-section (2) omitted by Act 66 of 1956, s. 12 (w.e.f. 1-1-1957). ↩︎
  243. The words “so exempted” omitted by s. 12, ibid. ↩︎
  244. Ins. by Act 23 of 1925, s. 3. ↩︎
  245. Subs. by Act 104 of 1976, s. 45, for sub-section (1) (w.e.f. 1-2-1977). ↩︎
  246. The words or “of the Chief Court of Lower Burma”, omitted by the A.O. 1937. ↩︎
  247. Subs., ibid., for “Bombay or Rangoon”. ↩︎
  248. For s. 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act 1941, (Assam 1 of 1941), s. 2. ↩︎
  249. Subs. by Act 4 of 1914, s. 2 and the Schedule, Pt. I, for “L.G.”. ↩︎
  250. Ins. by Act 104 of 1976, s. 46 (w.e.f. 1-2-1977). ↩︎
  251. Ins. by, s. 47, ibid. (w.e.f 1-2-1977). ↩︎
  252. The words “with the previous sanction of the G.G, in C.” omitted by Act 38 of 1920, s. 2 and the First Schedule I, Pt. I ↩︎
  253. Ins. by Act 66 of 1956, s. 13 (w.e.f. 1-1-1957). ↩︎
  254. Subs. by Act 104 of 1976. s. 48, for “varied or reversed, the Court of first instance” (w.e.f. 1-2-1977). ↩︎
  255. Ins. by Act 66 of 1956, s. 13 (w.e.f. 1-1-1957) ↩︎
  256. Subs. by s. 48, ibid., for “such part thereof as has been varied or reversed” (w.e.f. 1-2-1977). ↩︎
  257. Subs. by s. 48, ibid., for “consequential on such variation or reversal” (w.e.f. 1-2-1977). ↩︎
  258. Ins. by. s. 48, ibid. (w.e.f. 1-2-1977). ↩︎
  259. Subs. by Act 104 of 1976, s. 49, for “has become liable as surety” (w.e.f. 1-2-1977). ↩︎
  260. Subs. by s. 49, ibid., for certain words (w.e.f. 1-2-1977). ↩︎
  261. Ins. by Act 46 of 1999, s. 13 (w.e.f. 1-7-2002). ↩︎
  262. Ins. by Act 104 of 1976, s. 50 (w.e.f. 1-5-1977). ↩︎
  263. Ins. by Act 104 of 1976. s. 51 (w.e.f. 1-2-1977). ↩︎
  264. Subs. by Act 104 of 1976, s. 52, for rules 1 and 3 respectively (w.e.f. 1-2-1977). ↩︎
  265. Subs. by Act 104 of 1976, s. 52, for rules 1 and 3 respectively (w.e.f. 1-2-1977). ↩︎
  266. Ins. by s. 52, ibid. (w.e.f. 1-2-1977). ↩︎
  267. Subs. by Act 104 of 1976, s. 52, for rule 8 (w.e.f. 1-2-1977). ↩︎
  268. Ins. by s. 52, ibid. (w.e.f. 1-2-1977). ↩︎
  269. The proviso added by, ibid., s. 52 (w.e.f. 1-2-1977). ↩︎
  270. See now the Limitation Act, 1963 (36 of 1963), s. 21. ↩︎
  271. Ins. by Act 104 of 1976, s. 52 (w.e.f. 1-2-1977). ↩︎
  272. Subs. by s. 52, ibid., for “the suit” (w.e.f. 1-2-1977). ↩︎
  273. Subs. by Act 104 of 1976, s. 53, for rule 6 (w.e.f. 1-2-1977). ↩︎
  274. Subs. by Act 22 of 1926, s. 2, for “duly appointed to act”. ↩︎
  275. Subs. by s. 2, ibid., for rule 4. ↩︎
  276. Subs. by Act 104 of 1976, s. 54, for certain words (w.e.f. 1-2-1977). ↩︎
  277. Ins. by s. 54, ibid. (w.e.f. 1-2-1977). ↩︎
  278. Subs. by s. 54, ibid., for sub-rule (3) (w.e.f. 1-2-1977). ↩︎
  279. Subs. by Act 104 of 1976, s. 54, for certain words (w.e.f. 1-2-1977). ↩︎
  280. Ins. by s. 54, ibid. (w.e.f. 1-2-1977). ↩︎
  281. Subs. by Act 46 of 1999, s. 14, for certain words (w.e.f. 1-7-2002). ↩︎
  282. Ins. by s. 14, ibid. (w.e.f. 1-7-2002). ↩︎
  283. Subs. by Act 22 of 2002, s. 6, for sub-rule (1) (w.e.f. 1-7-2002). ↩︎
  284. *. Shall be applicable to commercial disputes of a specified value only by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10- 2015). ↩︎
  285. Subs. by Act 46 of 1999, s. 15, for sub-rule (2) (w.e.f. 1-7-2002). ↩︎
  286. Subs. by s. 15, ibid., for certain words (w.e.f. 1-7-2002). ↩︎
  287. Subs. by s. 15, ibid., for certain words (w.e.f. 1-7-2002). ↩︎
  288. Subs. by Act 22 of 2002, s. 6, for rule 9 (w.e.f. 1-7-2002). ↩︎
  289. Subs. by Act 104 of 1976, s. 55, for rule 15 (w.e.f. 1-2-1977). ↩︎
  290. Ins. by s. 55, ibid. (w.e.f. 1-2-1977). ↩︎
  291. Ins. by Act 104 of 1976, s. 55 (w.e.f. 1-2-1977). ↩︎
  292. Ins. by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957). ↩︎
  293. Subs. by Act 46 of 1999, s. 15, for certain words (w.e.f. 1-7-2002). ↩︎
  294. Subs. by the A.O. 1937, for “Bombay and Rangoon”. ↩︎
  295. Subs. by Act 46 of 1999, s. 15, for certain words (w.e.f. 1-7-2002). ↩︎
  296. Subs. by Act 2 of 1951, s. 3, for “the State”. ↩︎
  297. Ins. by Act 19 of 1951, s. 2. ↩︎
  298. Subs. by Act 104 of 1976, s. 53, for “resides in Pakistan,” (w.e.f. 1-2-1977). ↩︎
  299. Subs. by s. 55, ibid., for certain words (w.e.f. 1-2-1977). ↩︎
  300. Subs. by s. 55, ibid., for rule 26 (w.e.f. 1-2-1977). ↩︎
  301. Subs. by the A.O. 1950, for “his Majesty’s”. ↩︎
  302. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or naval”. ↩︎
  303. The words “or His Majesty’s Indian Marine Service” omitted by Act 35 of 1934, s. 2 and the Schedule. ↩︎
  304. Ins. by s. 2 and the Schedule ibid. ↩︎
  305. Ins. by Act 10 of 1927, s. 2 and the First Schedule. ↩︎
  306. Subs. by Act 104 of 1976, s. 56, for rule 2 (w.e.f. 1-2-1977). ↩︎
  307. * Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). ↩︎
  308. Ins. by Act 104 of 1976, s. 56 (w.e.f. 1-2-1977). ↩︎
  309. Ins. by Act 46 of 1999, s. 16 (w.e.f. 1-7-2002). ↩︎
  310. * Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). ↩︎
  311. Subs. by Act 104 of 1976, s. 56, for rule 16 (w.e.f. 1-2-1977). ↩︎
  312. Subs. by Act 22 of 2002, s. 7, for rules 17 and 18 (w.e.f. 1-7-2002). ↩︎
  313. Subs. by Act 104 of 1976, s. 57, for certain words (w.e.f. 1-2-1977). ↩︎
  314. *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). ↩︎
  315. The proviso added by s. 57, ibid. (w.e.f. 1-2-1977). ↩︎
  316. Subs. by Act 22 of 2002, s. 8, for rule 9 (w.e.f. 1-7-2002). ↩︎
  317. This rule has been applied to suits for the recovery of rent under the Chota Nagpur Tenancy Act, 1908 (Ben. 6 of 1908) s. 265. ↩︎
  318. Subs. by Act 104 of 1976, s. 57, for certain words (w.e.f. 1-2-1977). ↩︎
  319. Ins. by s. 57, ibid. (w.e.f. 1-2-1977). ↩︎
  320. Ins. by s. 57, ibid. (w.e.f. 1-2-1977). ↩︎
  321. Ins. by Act 46 of 1999, s. 17 (w.e.f. 1-7-2002). ↩︎
  322. Subs. by Act 22 of 2002, s. 8, for sub-clauses (f) and (g) (w.e.f. 1-7-2002). ↩︎
  323. Added by Act 104 of 1976, s. 57 (w.e.f. 1-2-1977). ↩︎
  324. Subs. by Act 46 of 1999, s. 17, for rule 14 (w.e.f. 1-7-2002). ↩︎
  325. Subs. by Act 22 of 2002, s. 8, for sub-rule (3) (w.e.f. 1-7-2002). ↩︎
  326. Subs. by Act 104 of 1976, s. 58, for the former heading (w.e.f. 1-2-1977). ↩︎
  327. Subs. by Act 22 of 2002, s. 9, for rule 1 (w.e.f 1-7-2002). ↩︎
  328. *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). ↩︎
  329. Ins. by Act 46 of 1999, s.18 (w.e.f. 1-7-2002). ↩︎
  330. Subs. by Act 22 of 2002, s. 9, for sub-rule (3) (w.e.f. 1-7-2002). ↩︎
  331. Rule 5 renumbered as sub-rule (I) by Act 104 of 1976, s. 58 (w.e.f. 1-2-1977). ↩︎
  332. *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015). ↩︎
  333. Ins. by s. 58, ibid. (w.e.f. 1-2-1977). ↩︎
  334. Ins. by Act 104 of 1976, s. 58 (w.e.f. 1-2-1977). ↩︎
  335. Ins. by Act 104 of 1976, s. 58 (w.e.f. 1-2-1977). ↩︎
  336. Subs. by Act 22 of 2002, s. 9, for rules 9 and 10 (w.e.f. 1-7-2002). ↩︎
  337. *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). ↩︎
  338. Subs. by s. 10, ibid., for rule 2 (w.e.f. 1-7-2002). ↩︎
  339. Subs. by Act 104 of 1976 s. 59, for certain words (w.e.f. 1-2-1977). ↩︎
  340. Subs. by Act 46 of 1999, s. 19, for “one month” (w.e.f 1-7-2002). ↩︎
  341. Subs. by Act 24 of 1920 s. 2, for sub-rule (1). ↩︎
  342. Subs. by Act 46 of 1999, s. 19, for “one month” (w.e.f 1-7-2002). ↩︎
  343. Subs. by Act 104 of 1976, s. 59, for cl. (a) (w.e.f 1-2-1977). ↩︎
  344. The proviso added by Act 104 of 1976, s. 59 (w.e.f. 1-2-1977). ↩︎
  345. Explanation ins. by s. 59, ibid. (w.e.f. 1-2-1977). ↩︎
  346. Ins. by Act 46 of 1999, s. 20 (w.e.f. 1-7-2002). ↩︎
  347. Subs. by Act 104 of 1976, s. 60, for rule 2 (w.e.f. 1-2-1977). ↩︎
  348. This rule is not applicable to the Chief Court of Oudh, see the Oudh Court Act, 1925 (U.P. 4 of 19.25), s. 16(2). ↩︎
  349. Subs. by Act 46 of 1999, s. 20, for certain words (w.e.f. 1-7-2002). ↩︎
  350. Ins. by s. 21, ibid. (w.e.f. 1-7-2002). ↩︎
  351. Subs. by Act 104 of 1976, s. 61, for certain words (w.e.f. 1-2-1977). ↩︎
  352. Subs. by Act 46 of 1999, s. 21, for “at any time” (w.e.f. 1-7-2002). ↩︎
  353. Ins. by Act 104 of 1976, s. 61 (w.e.f. 1-2-1977). ↩︎
  354. Ins. by Act 104 of 1976, s. 61 (w.e.f. 1-2-1977). ↩︎
  355. Rule 21 renumbered as sub- rule ( 1 ) by s. 61 , ibid. (w. e. f. 1 – 2 – 19 . 77 ). ↩︎
  356. Subs. by Act 104 of 1976, s. 61, for “an order may be made accordingly” (w.e.f. 1-2-1977). ↩︎
  357. Ins. by s. 61, ibid. (w.e.f. 1-2-1977). ↩︎
  358. *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). ↩︎
  359. Subs. by Act 104 of 1976, s. 62, for “to admit any document” (w.e.f. 1-2-1977). ↩︎
  360. Subs. by Act 46 of 1999, s. 22, for “fifteen” (w.e.f. 1-7-2002). ↩︎
  361. Ins. by Act 104 of 1976, s. 62 (w.e.f. 1-2-1977). ↩︎
  362. Ins. by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957). ↩︎
  363. Second proviso omitted by Act 46 of 1999, s. 22 (w.e.f. 1-7-2002). ↩︎
  364. Subs. by Act 104 of 1976, s. 62, for rule 6 (w.e.f 1-2-1977). ↩︎
  365. Subs. by Act 46 of 1999, s. 23, for rules 1 and 2 (w.e.f. 1-7-2002). ↩︎
  366. Subs. by Act 104 of 1976, s. 63, for the First proviso (w.e.f. 1-2-1977). ↩︎
  367. *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). ↩︎
  368. Subs. by Act 104 of 1976, s. 64, for certain words (w.e.f. 1-2-1977). ↩︎
  369. Subs. by s. 64, ibid., for rule 2 (w.e.f. 1-2-1977). ↩︎
  370. Subs. by Act 46 of 1999, s. 24, for certain words (w.e.f. 1-7-2002). ↩︎
  371. Subs. by Act 22 of 2002, s. 11, for rule 5 (w.e.f. 1-7-2002). ↩︎
  372. *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). ↩︎
  373. Rule 2 renumbered as sub-rule (1) by Act 104 of 1976, s. 65 (w.e.f. 1-2-1977). ↩︎
  374. Ins. by s. 65, ibid. (w.e.f 1-2-1977). ↩︎
  375. *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). ↩︎
  376. Subs. by Act 104 of 1976, s. 66, for rule 1 (w.e.f. 1-2-1977). ↩︎
  377. Subs. by Act 46 of 1999, s. 25, for certain words (w.e.f. 1-7-2002). ↩︎
  378. Subs. by Act 104 of 1976, s. 66, for rule 1A (w.e.f. 1-2-1977). ↩︎
  379. Ins. by Act 46 of 1999, s. 25 (w.e.f. 7-2002). ↩︎
  380. Ins. by Act 104 of 1976, s. 66 (w.e.f. 1-2-1977). ↩︎
  381. Ins. by Act 104 of 1976, s. 66 (w.e.f. 1-2-1977). ↩︎
  382. Subs. by s. 66, ibid., for certain words (w.e.f. 1-2-1977). ↩︎
  383. Subs. by s. 66. ibid., for sub-rule (1) (w.e.f. 1-2-1977). ↩︎
  384. Rule 12 renumbered as sub-rule (1) by Act 104 of 1976, s. 66 (w.e.f. 1-2-1977). ↩︎
  385. Ins. by s. 66, ibid. (w.e.f. 1-2-1977). ↩︎
  386. Subs. by s. 66, ibid., for certain words (w.e.f. 1-2-1977). ↩︎
  387. Subs. by Act 104 of 1976, s. 66, for “fifty” (w.e.f. 1-2-1977). ↩︎
  388. Subs. by s. 66, ibid., for “two hundred miles” (w.e.f. 1-2-1977). ↩︎
  389. The proviso added, by s. 66, ibid. (w.e.f. 1-2-1977). ↩︎
  390. Ins. by s. 67, ibid. (w.e.f. 1-2-1977). ↩︎
  391. Subs. by Act 46 of 1999, s. 26, for sub-rule (1) (w.e.f. 1-7-2002). ↩︎
  392. Subs. by s. 26, ibid., for certain words (w.e.f. 1-7-2002). ↩︎
  393. Subs. by Act 104 of 1976, s. 68, for the previous proviso (w.e.f. 1-2-1977). ↩︎
  394. The Explanation ins. by Act 104 of 1976, s. 68 (w.e.f. 1-2-1977). ↩︎
  395. Subs. by s. 68, ibid., for certain words (w.e.f. 1-2-1977). ↩︎
  396. Ins. by Act 22 of 2002, s. 12 (w.e.f. 1-7-2002). ↩︎
  397. *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). ↩︎
  398. Sub-rule (4) omitted by Act 46 of 1999, s. 27 (w.e.f. 1-7-2002). ↩︎
  399. Ins. by Act 104 of 1976, s. 69 (w.e.f. 1.2-1977). ↩︎
  400. Subs. by Act 22 of 2002, s. 12, for rule 4 (w.e.f. 1-7-2002). ↩︎
  401. *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). ↩︎
  402. Subs. by Act 104 of 1976, s. 69, for rule 5 (w.e.f. 1-2-1977). ↩︎
  403. The provisions of rule so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2). ↩︎
  404. The provisions of rules 6, 7, 8, 9, so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see, s. 16 (2), ibid. ↩︎
  405. Ins. by Act 104 of 1976, s. 69 (w.e.f. 1-2-1977). ↩︎
  406. Subs. by s. 69, ibid., for rule 9 (w.e.f. 1-2-1977). ↩︎
  407. The provisions of rules 11, 13, 14, 15, so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2). ↩︎
  408. Subs. by Act 104 of 1976, s. 69, for the rule, (w.e.f. 1-2-1977). ↩︎
  409. The provisions of rules 11, 13, 14, 15, so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2). ↩︎
  410. The provisions of rules 11, 13, 14, 15, so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2). ↩︎
  411. The provisions of rules 11, 13, 14, 15, so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2). ↩︎
  412. The provisions of rules 11, 13, 14, 15, so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2). ↩︎
  413. Ins. by s. 69, ibid. (w.e.f. 1-2-1977). ↩︎
  414. Ins. by Act 46 of 1999, s. 27 (w.e.f. 1-7-2002). ↩︎
  415. *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). ↩︎
  416. Subs. by Act 66 of 1956, s. 14, for rule I (w.e.f. 1-1-1957). ↩︎
  417. The provisions of rules 1, 3, 4 and 5 are not applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2). ↩︎
  418. Subs. by Act 22 of 2002, s. 13, for sub-rule (1) (w.e.f. 1-7-2002), Earlier rule 1 renumbered as sub-rule (1) of that rule by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977). ↩︎
  419. *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). ↩︎
  420. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977). ↩︎
  421. Certain words omitted by Act 46 of 1999, s. 28 (w.e.f. 1-2-1977). ↩︎
  422. Subs. by Act 104 of 1976, s. 70 for “A Judge may” (w.e.f. 1-2-1977). ↩︎
  423. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977). ↩︎
  424. Subs. by Act 104 of 1976, s. 70, for “names and descriptions of the parties” (w.e.f. 1-2-1977). ↩︎
  425. Subs. by Act 46 of 1999, s. 28, for rules 6A and 6B (w.e.f. 1-7-2002). ↩︎
  426. Subs. by Act 104 of 1976, s. 70, for certain words (w.e.f. 1-2-1977). ↩︎
  427. Subs. by s. 70, ibid., for cl. (b) (w.e.f. 1-2-1977). ↩︎
  428. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977). ↩︎
  429. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977). ↩︎
  430. Ins. by s. 71, ibid. (w.e.f. 1-2-1977). ↩︎
  431. Subs. by Act 104 of 1976, s. 72, for rule 1 (w.e.f. 1-2-1977). ↩︎
  432. Subs. by s. 72, ibid., for certain words (w.e.f. 1-2-1977). ↩︎
  433. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). ↩︎
  434. In the application of the Act to Punjab, sub-rule (3) rep. by the Punjab Relief of Indebtedness Act, 1934 (Pun. Act 7 of 1934), s. 36. ↩︎
  435. Subs. by the A.O. 1937, for “Bombay or Rangoon”. ↩︎
  436. Subs. by Act 104 of 1976, s. 72, for rule 5 (w.e.f. 1-2-1977). ↩︎
  437. Subs. by Act 104 of 1976, s. 72, for sub-clause (ii) (w.e.f. 1-2-1977). ↩︎
  438. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). ↩︎
  439. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). ↩︎
  440. Subs. by s. 72, ibid., for certain words (w.e.f. 1-2-1977). ↩︎
  441. Subs. by s. 72, ibid., for certain words (w.e.f. 1-2-1977). ↩︎
  442. Subs. by Act 104 of 1976, s. 72, for “one year” (w.e.f. 1-2-1977). ↩︎
  443. Ins. by Act 8 of 1937, s. 3. ↩︎
  444. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). ↩︎
  445. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). ↩︎
  446. Subs. by s. 72, ibid., for “one year” (w.e.f. 1-2-1977). ↩︎
  447. Subs. by Act 38 of 1978, s. 3 and the second Sch., for “the last preceding rule” (w.e.f. 26-11-1978). ↩︎
  448. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). ↩︎
  449. Subs. by Act 38 of 1978, s. 3 and the second Sch., for “the last preceding rule” (w.e.f. 26-11-1978). ↩︎
  450. Subs. by Act 104 of 1976, s. 72, for sub-rule (3) (w.e.f. 1-2-1977). ↩︎
  451. Subs. by Act 104 of 1976, s. 72, for “the Court may require” (w.e.f. 1-2-1977). ↩︎
  452. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). ↩︎
  453. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). ↩︎
  454. Subs. by s. 72, ibid, for “six months” (w.e.f. 1-2-1977). ↩︎
  455. Subs. by s. 72, ibid, for “six months” (w.e.f. 1-2-1977). ↩︎
  456. Ins. by Act 29 of 1923, s. 2. ↩︎
  457. Subs. by Act 104 of 1976, s. 72, for “one year (w.e.f. 1-2-1977). ↩︎
  458. Subs. by Act 104 of 1976, s. 72, for “one year (w.e.f. 1-2-1977). ↩︎
  459. Ins. by Act 22 of 2002, s. 14 (w.e.f. 1-7-2002). ↩︎
  460. Ins. by Act 29 of 1923, s. 3. ↩︎
  461. Subs. by s. 3, ibid., for “shall not be executed by detention in prison”. ↩︎
  462. The words “and the decree-holder is the wife” omitted by s. 3, ibid. ↩︎
  463. Subs. by Act 104 of 1976, s. 72, for sub-rule (6) (w.e.f. 1-2-1977). ↩︎
  464. Subs. by Act 21 of 1936, s. 3, for “may”. ↩︎
  465. Ins. by s. 3, ibid. ↩︎
  466. Subs. by s. 4, ibid., for rule 40. ↩︎
  467. Rule 41 renumbered as sub-rule (1) by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). ↩︎
  468. Subs. by s. 72, ibid., for “in the case of a corporation” (w.e.f. 1-2-1977). ↩︎
  469. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). ↩︎
  470. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). ↩︎
  471. Ss. 46A to 46-I ins. by Act 104 of 1976, s. 72 (w.e.f 1-2-1977). ↩︎
  472. Subs. by Act 5 of 1943, s. 3, for “public officer”. ↩︎
  473. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). ↩︎
  474. Subs. by Act 25 of 1942, s. 3 and the second Sch., for “the Central Government or the Provincial Government may by notification in the Official Gazette”. ↩︎
  475. Subs. by Act 26 of 1939, s. 2, for certain words. ↩︎
  476. Subs. by Act 25 of 1942, s. 3, and the Schedule, for “the Central Government or the Provincial Government, as the may be”. ↩︎
  477. Subs. by Act 104 of 1976, s. 72, for sub-rule (3) (w.e.f. 1-2-1977). ↩︎
  478. Subs. by s. 72, ibid., for Explanation (w.e.f. 1-2-1977). ↩︎
  479. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). ↩︎
  480. Subs. by Act 2 of 1951, s. 3, for “the States”. ↩︎
  481. Subs. by Act 2 of 1951, s. 3, for “the States”. ↩︎
  482. Subs. by Act 104 of 1976, s. 72, for certain words (w.e.f. 1-2-1977). ↩︎
  483. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). ↩︎
  484. Subs. by Act 104 of 1972, s. 72, for sub-clause (ii) (w.e.f. 1-2-1977). ↩︎
  485. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). ↩︎
  486. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). ↩︎
  487. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). ↩︎
  488. Subs. by Act 104 of 1976, s. 72, for rule 57 (w.e.f. 1-2-1977). ↩︎
  489. Subs. by s. 72, ibid., for the sub heading “Investigation of claims and objections” and for rules 58 to 63 (w.e.f. 1-2-1977). ↩︎
  490. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). ↩︎
  491. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). ↩︎
  492. Subs. by Act 104 of 1976, s. 72, for “thirty days” (w.e.f. 1-2-1977). ↩︎
  493. Subs. by s. 72, ibid., for “fifteen days” (w.e.f. 1-2-1977). ↩︎
  494. Subs. by s. 72, ibid., for “ seven days” (w.e.f. 1-2-1977). ↩︎
  495. The words “or to the Collector or subordinate of the Collector, as the case may,” omitted by Act 66 of 1956, s. 14 (w.e.f. 1-1- 1957). ↩︎
  496. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). ↩︎
  497. Subs. by Act 104 of 1976, s. 72, for certain words (w.e.f. 1-2-1977). ↩︎
  498. Subs. by s. 72, ibid., for rule 90 (w.e.f. 1-2-1977). ↩︎
  499. Added by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). ↩︎
  500. Subs. by Act 22 of 2002, s. 14, for “thirty days” (w.e.f. 1-7-2002). ↩︎
  501. Subs. by Act 104 of 1976, s. 72, for “the Court shall make an order setting aside the sale” (w.e.f. 1-2-1977). ↩︎
  502. Ins. by Act 22 of 2002 , s. 14 ( w. e. f. 1 – 7 – 2002 ). ↩︎
  503. Ins. by Act 104 of 1976 , s . 72 ( w. e. f 1 – 2 – 1977 ) . ↩︎
  504. Subs. by s. 72, ibid., for sub-rule (2) (w.e.f. 1-2-1977). ↩︎
  505. Subs. by Act 104 of 1976, s. 72, for rules 98 to 103 (w.e.f. 1-2-1977). ↩︎
  506. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). ↩︎
  507. Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977). ↩︎
  508. Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977). ↩︎
  509. Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977). ↩︎
  510. See now the Limitation Act, 1973 (36 of 1963), ss. 4 and 5. ↩︎
  511. Ins. by Act 104 of 1976, s. 73 (w.e.f 1-2-1977). ↩︎
  512. Ins. by Act 104 of 1976, s. 73 (w.e.f 1-2-1977). ↩︎
  513. Subs. by s. 74, ibid., for rule 1 (w.e.f. 1-2-1977). ↩︎
  514. Ins. by Act 104 of 1976, s. 74 (w.e.f. 1-2-1977). ↩︎
  515. Ins. by Act 104 of 1976, s. 74 (w.e.f. 1-2-1977). ↩︎
  516. Subs. by s. 74, ibid., for certain words (w.e.f. 1-2-1977). ↩︎
  517. Ins. by Act 104 of 1976, s. 74 (w.e.f. 1-2-1977). ↩︎
  518. Ins. by Act 104 of 1976, s. 74 (w.e.f. 1-2-1977). ↩︎
  519. Ins. by Act 104 of 1976, s. 74 (w.e.f. 1-2-1977). ↩︎
  520. Subs. by Act 66 of 1956, s. 14, for rule 1 (w.e.f. 1-1-1957). ↩︎
  521. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977). ↩︎
  522. Subs. by s. 75, ibid., for “for the examination of” (w.e.f. 1-2-1977). ↩︎
  523. Subs. by the A.O 1937, for “any civil or military officer of the Government”. ↩︎
  524. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977). ↩︎
  525. Ins. by Act 46 of 1999, s. 29 (w.e.f. 1-7-2002). ↩︎
  526. Subs. by Act 2 of 1951, s. 3, for “the States”. ↩︎
  527. Subs. by Act 104 of 1976, s. 75, for certain words (w.e.f. 1-2-1977). ↩︎
  528. Subs. by the A.O. 1937, for “civil or military officer of the Government”. ↩︎
  529. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977). ↩︎
  530. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977). ↩︎
  531. Subs. by Act 2 of 1951, s. 3, for “the States”. ↩︎
  532. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977). ↩︎
  533. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977). ↩︎
  534. Ins. by Act 10 of 1932, s. 3. ↩︎
  535. The words “the high Court is established under the Indian high Courts Act 1861, or the Government of India Act, 1915, and” omitted by the A.O. 1937. ↩︎
  536. Subs. ibid., for “its ordinary original civil jurisdiction”. ↩︎
  537. Subs. by Act 104 of 1976, s. 75, for “16, 17 and 18” (w.e.f 1-2-1977). ↩︎
  538. Subs. by A.O. 1937, for “the Secretary of State for India in Council”. ↩︎
  539. Subs. ibid., for “against the Secretary of State for India in Council”. ↩︎
  540. Subs. by A.O. 1937, for “the Secretary of State for India in Council”. ↩︎
  541. The words ‘or’ if the suit is against the Secretary of State, the words “the Secretary of State” omitted by the A.O. 1948. ↩︎
  542. Subs. by the A.O. 1937, for rule 4. ↩︎
  543. Subs. by the A.O. 1950, for “Crown pleader” which had been subs. by the A. O. 1937, for “Government pleader”. ↩︎
  544. Subs. by the A.O. 1937, for “the said Secretary of State, for India in Council”. ↩︎
  545. The words “or the Government,” omitted by the A. O. 1948. ↩︎
  546. Ins. by Act 104 of 1976, s. 76 (w.e.f. 1-2-1977). ↩︎
  547. Subs. by the A.O. 1950, for “Crown pleader” which had been subs. by the A. O. 1937, for “Government pleader”. ↩︎
  548. Subs. by A.O. 1937, for “the Secretary of State for India in Council”. ↩︎
  549. Subs. by the A.O. 1937 and the A. O. 1950, for “Crown pleader”. ↩︎
  550. Ins. by the A.O. 1937. ↩︎
  551. Ins. by the A.O. 1950. ↩︎
  552. The words “the Secretary of State or” omitted by the A.O.1948. ↩︎
  553. Cl. (b) omitted by the A.O. 1948. ↩︎
  554. Ins. by the A.O. 1950. ↩︎
  555. Ins. by Act 23 of 1942, s. 2. ↩︎
  556. Subs. by the A.O. 1950, for “the Government of India Act, 1935, or any Order-in-Council made thereunder”. ↩︎
  557. Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977). ↩︎
  558. Subs. by the A.O. 1948, for “substantial question of law as to the interpretation of the Government of India Act, 1935, or any Order-in-Council made thereunder”. ↩︎
  559. Subs. by the A.O. 1950, “In sub-section (1) of section 205 of the Government of India Act, 1935”. ↩︎
  560. Subs. ibid., for “the Advocate-General of India”. ↩︎
  561. Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977). ↩︎
  562. Subs. by the A. O. 1948, for “a substantial question of law as to the interpretation of the Government of India Act, 1935 or any Order-in-Council made thereunder”. ↩︎
  563. Subs. by the A.O. 1950, for “in sub-section (1) of section 205 of the Government of India Act, 1935”. ↩︎
  564. Subs., ibid., for “the Advocate-General of India”. ↩︎
  565. Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977). ↩︎
  566. Subs. by s. 77, ibid., for rule 3 (w.e.f. 1-2-1977). ↩︎
  567. Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977). ↩︎
  568. Ins. by Act 35 of 1934, s. 2 and the Sch. ↩︎
  569. Ins. by Act 10 of 1927, s. 2 and the First Sch. ↩︎
  570. Subs. by s. 2, ibid., and the First Sch., for “or soldier” and “or a soldier”. ↩︎
  571. Ins. by Act 35 of 1934, s. 2 and the Sch. ↩︎
  572. Subs. by the A.O. 1937, for “serving the Government”. ↩︎
  573. Subs. by Act 35 of 1934, s. 2 and the Sch., for “a military or air force”. ↩︎
  574. Subs. by Act 10 of 1927, s. 2 and the First Sch. for “or soldier”. ↩︎
  575. Ins. by Act 35 of 1934, s. 2 and the Sch. ↩︎
  576. Ins. by Act 10 of 1927, s. 2 and the Sch. ↩︎
  577. Ins. by Act 35 of 1934, s. 2 and the Sch. ↩︎
  578. Subs. by Act 2 of 1951, s. 3, for “the States”. ↩︎
  579. Subs. by Act 104 of 1976, s. 78, for the proviso (w.e.f. 1-2-1977). ↩︎
  580. Subs. by Act 2 of 1951, s. 3, for “the States”. ↩︎
  581. Subs. by Act 104 of 1976, s. 78, for rule 8 (w.e.f. 1-2-1977). ↩︎
  582. Subs. by Act 104 of 1976, s. 78, for rule 10 (w.e.f. 1-2-1977). ↩︎
  583. Subs. by Act 2 of 1951, s. 3, for “the States”. ↩︎
  584. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977). ↩︎
  585. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977). ↩︎
  586. The words “to the minor and” omitted by s. 79, ibid. (w.e.f. 1-2-1977). ↩︎
  587. Subs. by s. 79, ibid., for certain words (w.e.f. 1-2-1977). ↩︎
  588. Subs. by s. 79, ibid., for certain words (w.e.f. 1-2-1977). ↩︎
  589. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977). ↩︎
  590. Ins. by Act 16 of 1937, s. 2. ↩︎
  591. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977). ↩︎
  592. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977). ↩︎
  593. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977). ↩︎
  594. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977). ↩︎
  595. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977). ↩︎
  596. Subs. by Act 2 of 1951, s. 3. for “the States” ↩︎
  597. Subs. by Act 104 of 1976, s. 79, for rule 15 (w.e.f. 1-2-1977). ↩︎
  598. Ins. by s. 79, ibid. (w.e.f. 1-2-1977). ↩︎
  599. Ins. by s. 80, ibid. (w.e.f. 1-2-1977). ↩︎
  600. Subs. by Act 104 of 1976, s. 81, for “Suits by Paupers”(w.e.f. 1-2-1977). ↩︎
  601. Subs. by s. 81. ibid. for “pauper” (w.e.f. 1-2-1977). ↩︎
  602. Subs. by s. 81, ibid., for the Explanation (w.e.f. 1-2-1977). ↩︎
  603. Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977). ↩︎
  604. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977). ↩︎
  605. Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977). ↩︎
  606. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977). ↩︎
  607. Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977). ↩︎
  608. Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977). ↩︎
  609. Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977). ↩︎
  610. The provisions of this rule so far as it relates to the making of a memorandum are not applicable to the Chief Court of Oudh, see Oudh Courts Act, 1925 (U.P. Act 4 of 1925), s. 16 (2). ↩︎
  611. Subs. by Act 104 of 1976, s. 81, for “a memorandum of the substance of their evidence” (w.e.f. 1-2-1977). ↩︎
  612. Ins. by s. 81, ibid. (w.e.f. 1-2-1977). ↩︎
  613. Subs. by s. 81, ibid., for “as herein provided” (w.e.f. 1-2-1977). ↩︎
  614. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977). ↩︎
  615. Subs. by s. 81, ibid., for other then fees pay able for service of process” (w.e.f. 1-2-1977). ↩︎
  616. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977). ↩︎
  617. Ins. by s. 81, ibid. (w.e.f. 1-2-1977). ↩︎
  618. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977). ↩︎
  619. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “Government”. ↩︎
  620. Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977). ↩︎
  621. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977). ↩︎
  622. Ins. by Act 24 of 1942, s. 2. ↩︎
  623. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977). ↩︎
  624. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O.1937, for “Government”. ↩︎
  625. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O.1937, for “Government”. ↩︎
  626. Subs. by Act 24 of 1942, s. 2, for “or rule 11”. ↩︎
  627. Subs. by s. 2, ibid., for the rule 14. ↩︎
  628. Subs. by Act 104 of 1976, s. 81, for “provided that he first pays” (w.e.f. 1-2-1977). ↩︎
  629. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O.1937, for “Government”. ↩︎
  630. Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977). ↩︎
  631. Omitted by Act 19 of 1988, s. 3 and the Second Schedule. ↩︎
  632. Subs. by Act 104 of 1976, s. 81, for “pauper” (w.e.f. 1-2-1977). ↩︎
  633. Ins. by s. 81, ibid. (w.e.f. .1-2-1977). ↩︎
  634. Subs by Act 21 of 1929, s. 4, for the rules 2 to 8. ↩︎
  635. Subs. by Act 104 of 1976, s. 82, for “the last preceding rule” (w.e.f. 1-2-1977). ↩︎
  636. Ins. by Act 21 of 1929, s. 5. ↩︎
  637. Subs. by Act 104 of 1976, s. 82, for “the last preceding rule” (w.e.f. 1-2-1977). ↩︎
  638. Subs. by s. 82, ibid., for “an application by him” (w.e.f. 1-2-1977). ↩︎
  639. Subs. by Act 21 of 1929, s. 6, for rules 10 and 11. ↩︎
  640. Ins. by Act 104 of 1976, s. 82 (w.e.f. 1-2-1977). ↩︎
  641. Ins. by Act 104 of 1976, s. 82 (w.e.f. 1-2-1977). ↩︎
  642. Sub-clause (ii) omitted by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957). ↩︎
  643. Subs. by s. 14, ibid., for certain words (w.e.f. 1-1-1957). ↩︎
  644. Subs. by s. 14, ibid., for clause (b) (w.e.f. 1-1-1957). ↩︎
  645. Subs. by Act 21 of 1929, s. 7, for rule 15 ↩︎
  646. Rule 15 renumbered as sub-rule (1) by Act 104 of 1976, s. 82 (w.e.f. 1-2-1977). ↩︎
  647. Ins. by s. 82, ibid. (w.e.f. 1-2-1977). ↩︎
  648. Ins. by Act 104 of 1976, s. 83 (w.e.f. 1-2-1977). ↩︎
  649. Subs. by s. 83, ibid., for “The agreement” (w.e.f. 1-2-1977). ↩︎
  650. Subs. by s. 83, ibid., for “it was presented” (w.e.f. 1-2.1977). ↩︎
  651. Ins. by s. 83, ibid. (w.e.f. 1-2-1977). ↩︎
  652. The words “On Negotiable Instruments” omitted by s. 84, ibid. (w.e.f. 1-2-1977). ↩︎
  653. Subs. by s. 84, ibid., for rule 1 (w.e.f. 1-2-1977). ↩︎
  654. Subs. by Act 104 of 1976, s. 84, for rule 2 (w.e.f. 1-2-1977). ↩︎
  655. Subs. by s. 84, ibid., for rule 3 (w.e.f. 1-2-1977). ↩︎
  656. Subs. by Act 2 of 1951, s. 3, for “the States”. ↩︎
  657. Ins. by Act 104 of 1976, s. 85 (w.e.f. 1-2-1977). ↩︎
  658. Subs. by Act 104 of 1976, s. 85, for rule 8 (w.e.f. 1-2-1977). ↩︎
  659. Ins. by s. 85, ibid. (w.e.f. 1-2-1977). ↩︎
  660. Ins. by Act 1 of 1926, s. 4. ↩︎
  661. Subs. by Act 104 of 1976, s. 86, for “defraud” (w.e.f. 1-2-1977). ↩︎
  662. Ins. by s. 86, ibid. (w.e.f. 1-2-1977). ↩︎
  663. Ins. by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977). ↩︎
  664. Sub-rules (3) and (4) omitted by s. 86, ibid. (w.e.f. 1-2-1977). ↩︎
  665. Ins. by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977). ↩︎
  666.  Ins. by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977). ↩︎
  667.  Ins. by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977). ↩︎
  668. Ins. by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977). ↩︎
  669. The words “after notice to the defendant” omitted by s. 86, ibid. (w.e.f. 1-2-1977). ↩︎
  670. The words “after notice to the defendant” omitted by s. 86, ibid. (w.e.f. 1-2-1977). ↩︎
  671. Ins. by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977). ↩︎
  672. Subs. by Act 46 of 1999, s. 31, for certain words, (w.e.f. 1-7-2002). ↩︎
  673. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). ↩︎
  674. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). ↩︎
  675. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). ↩︎
  676. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). ↩︎
  677. Subs. by Act 104 of 1976, s. 87, for certain words (w.e.f. 1-2-1977). ↩︎
  678. Ins. by s. 87, ibid. (w.e.f. 1-2-1977). ↩︎
  679. See order XXVII, rule 8A, supra. ↩︎
  680. Subs. by Act 46 of 1999, s. 31, for rule 9 (w.e.f. 1-7-2002). ↩︎
  681. Subs. by Act 2 of 1951, s. 3, for “the States”. ↩︎
  682. Subs. by Act 46 of 1999, s. 31, for sub-rule (1) (w.e.f. 1-7-2002). ↩︎
  683. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). ↩︎
  684. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). ↩︎
  685. Subs. by Act 46 of 1999, s. 31, for sub-rule (2) (w.e.f. 1-7-2002). ↩︎
  686. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). ↩︎
  687. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). ↩︎
  688. The words “or rule 18” omitted by Act 46 of 1999, s. 31, (w.e.f. 1-7-2002). ↩︎
  689. Rule 20 re-numbered as sub-rule (1) by Act 104 of 1976, s. 87 (w.e.f 1-2-1977). ↩︎
  690. Ins. by s. 87, ibid. (w.e.f. 1-2-1977). ↩︎
  691. Subs. by s. 87, ibid., for certain words (w.e.f. 1-2-1977). ↩︎
  692. Ins. by s. 87, ibid. (w.e.f. 1-2-1977). ↩︎
  693. Subs-rule (3) omitted by Act 46 of 1999, s. 31 (w.e.f. 1-7-2002). ↩︎
  694. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). ↩︎
  695. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). ↩︎
  696. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). ↩︎
  697. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). ↩︎
  698. Rule 30 re-numbered as sub-rule (1) by s. 87, ibid. (w.e.f. 1-2-1977). ↩︎
  699.  Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). ↩︎
  700.  Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). ↩︎
  701. Ins. by Act 9 of 1922, s. 4, which under s. 1(2) thereof, may be brought into force in any State by the State Government on any specified date. The Act has been brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P. Assam, Orissa and Tamil Nadu. ↩︎
  702. This rule is not applicable to the Chief Court of Oudh in the exercise of its appellate Jurisdiction; see the Oudh Courts Act, 1925 (U.P. 4 of 1925), s. 16(3). ↩︎
  703. Ins. by Act 104 of 1976, s. 88 (w.e.f. 1-2-1977). ↩︎
  704. Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977). ↩︎
  705. Cls. (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid, (w.e.f. 1-2-1977). ↩︎
  706. Cls. (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid, (w.e.f. 1-2-1977). ↩︎
  707. Cls. (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid, (w.e.f. 1-2-1977). ↩︎
  708. Cls. (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid, (w.e.f. 1-2-1977). ↩︎
  709. Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977). ↩︎
  710. Cls. (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid, (w.e.f. 1-2-1977). ↩︎
  711. Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977). ↩︎
  712. Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977). ↩︎
  713. Cls. (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid, (w.e.f. 1-2-1977). ↩︎
  714. Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977). ↩︎
  715. Subs. by s. 90, ibid., for “pauper appeals” (w.e.f. 1-2-1977). ↩︎
  716. Subs. by s. 90, ibid., for “as pauper” (w.e.f 1-2-1977). ↩︎
  717. Rule 1 re-numbered as sub-rule (1) by Act 66 of 1956, s. 14. ↩︎
  718. Subs. by Act 104 of 1976, s. 90, for “pauper” and “paupers” respectively (w.e.f 1-2-1977), ↩︎
  719. Subs. by Act 104 of 1976, s. 90, for “pauper” and “paupers” respectively (w.e.f 1-2-1977), ↩︎
  720. Proviso omitted by Act 66 of 1956, s. 14. ↩︎
  721. Sub-rule (2) ins. by s. 14, ibid. and omitted by Act 104 of 1976, s. 90 (w.e.f 1-2-1977). ↩︎
  722. Subs. by Act 104 of 1976, s. 90, for rule 2 (w.e.f. 1-2-1977). ↩︎
  723. Subs. by the A.O. 1950, for “King-in-Council”. ↩︎
  724. Rule 2 re-numbered as sub-rule (1) of that rule by Act 104 of 1976, s. 91 (w.e.f. 1-2-1977). ↩︎
  725. Subs. by the A.O. 1950, for “His Majesty in Council”. ↩︎
  726. Ins. by Act 104 of 1976, s. 91 (w.e.f. 1-2-1977). ↩︎
  727. Subs. by Act 49 of 1973, s. 4, for sub-rule (1). ↩︎
  728. Subs. by Act 26 of 1920, s. 3, for “six months”. ↩︎
  729.  Ins. by s. 3, ibid. ↩︎
  730. Ins. by the A.O. 1950. ↩︎
  731. Subs. by the A.O. 1950, for “His Majesty in Council”. ↩︎
  732. Subs., ibid., for “order of His Majesty in Council”. ↩︎
  733. Added by Act 26 of 1920, s. 3. ↩︎
  734. Sub-rule (2) omitted by the A.O. 1950. ↩︎
  735. Subs. by the A.O. 1950, for “his Majesty in Council”. ↩︎
  736. Ins. by Act 26 of 1920, s. 4. ↩︎
  737. Subs. by the A.O. 1950, for “his Majesty in Council”. ↩︎
  738. Subs. by the A.O. 1950, for “his Majesty in Council”. ↩︎
  739. Subs., by the A.O. 1950, for “His Majesty in Council”. ↩︎
  740. Subs., ibid., for “any order”. ↩︎
  741. Subs., ibid., for “any order”. ↩︎
  742. Subs., ibid., for “His Majesty”. ↩︎
  743. Subs., ibid., for “order”. ↩︎
  744. Subs., by the A.O. 1950, for “His Majesty in Council”. ↩︎
  745. Subs., ibid., for “order”. ↩︎
  746. Subs., ibid., for “order”. ↩︎
  747. Sub-rule (3) omitted by the A.O. 1950. ↩︎
  748. Ins. by Act 26 of 1920, s. 5. ↩︎
  749. Subs. by the A.O. 1950, for “Unless His Majesty in Council is pleased otherwise to direct, no order of His Majesty in Council”. ↩︎
  750. Subs., ibid., for “order”. ↩︎
  751. Subs., ibid., for “His Majesty in Council”. ↩︎
  752. Ins. by Act 24 of 1951, s. 2. ↩︎
  753. Ins. by Act 24 of 1951, s. 2. ↩︎
  754. Ins. by Act 104 of 1976, s. 92 (w.e.f. 1-2-1977). ↩︎
  755. Subs. by Act 104 of 1976, s. 92, for sub-rule (1) (w.e.f. 1-2-1977). ↩︎
  756.  Ins. by Act 4 of 1941, s. 2, and the Third Sch. ↩︎
  757. Subs. by s. 2, and the Third Sch. ibid., for “under that Act”. ↩︎
  758.  Ins. by Act 2 of 1951, s. 18. ↩︎
  759. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”. ↩︎
  760. Subs. by the A. O. 1950, for “The Secretary of State or the Federation of India or the Province of , as the case may be” ↩︎
  761. Subs. by Act 104 of 1976, s. 93, for paragraph 2 (w.e.f. 1-2-1977).
    *Not applicable where suit is instituted by the Advocate-General. ↩︎
  762. Subs. by Act 104 of 1976 s. 93, for “a decree for the balance” (w.e.f. 1-2-1977). ↩︎
  763. Ins. by Act 104 of 1976, s. 93 (w.e.f. 1-2-1977). ↩︎
  764. See now the Limitation Act, 1963 (36 of 1963). ↩︎
  765. See now the Limitation Act, 1963 (36 of 1963). ↩︎
  766. See now the Limitation Act, 1963 (36 of 1963). ↩︎
  767. See now the Indian Succession Act, 1925 (39 of 1925). ↩︎
  768. See now the Indian Succession Act, 1925 (39 of 1925). ↩︎
  769. Subs. by Act 104 of 1976, s. 94, for certain words (w.e.f- 1-2-1977). ↩︎
  770. Subs. by Act 104 of 1976, s. 94, for Form No. 4 (w.e.f 1-2-1977) ↩︎
  771. Subs. by s. 94, ibid. (w.e.f. 1-2-1977). ↩︎
  772. Subs. by Act 21 of 1929, s. 8 and Sch., for the original forms 3 to 11. ↩︎
  773. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. ↩︎
  774. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. ↩︎
  775. *Words not required to be deleted. ↩︎
  776. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11 ↩︎
  777. Subs. by Act 21 of 1929, s. 8 and the Sch., for Form 3 to 11. ↩︎
  778. Subs. by Act 21 of 1929, s. 9 and the Sch., for Forms 3 to 11 ↩︎
  779. Subs. by Act 21 of 1929, s. 9 and the Sch., for Forms 3 to 11 ↩︎
  780. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11 ↩︎
  781. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11 ↩︎
  782. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11 ↩︎
  783. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11. ↩︎
  784. *Words not required to be deleted. ↩︎
  785. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11 ↩︎
  786. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11 ↩︎
  787. *Words not required to be deleted. ↩︎
  788. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11 ↩︎
  789. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11 ↩︎
  790. *Words not required to be deleted. ↩︎
  791. Subs. by Act 21 of 1929, s. 8 and Schedule, for Forms 3 to 11. ↩︎
  792. Subs. by Act 21 of 1929, s. 8 and Schedule, for Forms 3 to 11 ↩︎

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