Ultimate Law Resources : Database for Lawyers

(Civil) Procedure Code of 1908

Topic Serial #	Content	Case Law
	HEARING OF THE SUIT AND EXAMINATION OF WITNESSES
1	Right to begin	Case Law
2	Statement and production of evidence	Case Law
3	Evidence where several issues	Case Law
4	Witnesses to b examined in open Court	Case Law
5	How evidence shall be taken in appealable cases
6	When deposition to be interpreted	Case Law
7	Evidence under section 138
8	Memorandum when evidence not taken down by Judge
9	When evidence may be taken in English
10	Any particular question and answer may be taken down
11	Questions objected to and allowed by Court
12	Remarks on demeanour of witnesses
13	Memorandum of evidence in unappealable case
14	Judge unable to make such memorandum to record reasons of his inability
15	Power to deal with evidence taken before another Judge
16	Power to examine witness immediately	Case Law
17	Court may recall and examine witness	Case Law
18	Power of Court to inspect	Case Law
	ORDER_XIX
	AFFIDAVITS
1	Power to order any point to be proved by affidavit
2	Power to order attendance of deponent for cross examination
3	Matters to which affidavits shall be confined	Case Law
	ORDER_XX
	JUDGMENT AND DECREE
1	Judgment when pronounced	Case Law
2	Power to pronounce judgment written by Judge's predecessor
3	Judgment to be signed	Case Law
4	Judgments of Small Cause Courts	Case Law
5	Court to state its decision on each issue	Case Law
6	Contents of decree	Case Law
7	Date of decree
8	Procedure where Judge has vacated office before signing decree
9	Decree for recovery of immovable property
10	Decree for delivery of movable property
11	Decree may direct payment by instalments
12	Decree for possession and mesne profits	Case Law
13	Decree in administration suit	Case Law
14	Decree in pre-emption suit	Case Law
15	Decree in suit for dissolution of partnership
16	Decree in suit for account between principal and agent
17	Special directions as to accounts
18	Decree in suit for partition of property or separate possession of a share therein	Case Law
19	Decree when set-off is allowed	Case Law
20	Certified copies of judgment and decree to be furnished
	ORDER_XXI
	EXECUTION OF DECREES AND ORDERS
	PAYMENT UNDER DECREE
1	Modes of paying money under decree	Case Law
2	Payment out of Court to decree-holder	Case Law
3	Lands situate in more than one jurisdiction
4	Mode of transfer
5	Mode of transfer
6	Procedure where Court desires that its own decree shall be executed by another Court
7	Court receiving copies of decree, etc., to file same without proof
8	Execution of decree or order by Court to which it is sent
9	Execution by High Court of decree transferred by other Court
10	Application for execution	Case Law
11	Oral application
12	Application for attachment of movable property not in judgment-debtor's possession
13	Application for attachment of immovable property to contain certain particulars
14	Power to require certified extract from Collector's register in certain cases
15	Application for execution by joint decree-holder	Case Law
16	Application for execution by transferee of decree
17	Procedure on receiving application for execution of decree
18	Execution in case of cross-decrees
19	Execution in case of cross-claim under same decree
20	Cross-decrees and cross-claims in mortgage suits
21	Simultaneous execution
22	Notice to show cause against execution in certain cases
23	Procedure after issue of notice
23	23-A Deposit of decretal amount, etc	Case Law
24	Process for execution
25	Endorsement on process
26	When Court may stay execution
27	Liability of judgment-debtor discharged
28	Order of Court which passed decree or of appellate Court to be binding upon Court applied to
29	Stay of execution pending suit between decree-holder and judgment-debtor	Case Law
30	Decree of payment of money	Case Law
31	Decree for specific movable property
32	Decree for specific performance, for restitution of conjugal rights, or for an injunction	Case Law
33	Discretion of Court in executing decrees for restitution of conjugal rights	Case Law
34	Decree for execution of document, or endorsement of negotiable instrument
35	Decree for immovable property	Case Law
36	Decree for delivery of immovable property when in occupancy of tenant	Case Law
37	Discretionary power to permit judgment-debtor to show cause against detention in prison	Case Law
38	Warrant for arrest to direct judgment-debtor be brought up	Case Law
39	[Omitted]
40	Proceeding on appearance of judgment-debtor in obedience to notice or after arrest	Case Law
41	Examination of judgment-debtor as to his property
42	Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined
43	Attachment of movable property other than agricultural produce, in possession of judgment-debtor
44	Attachment of agricultural produce
45	Provisions as to agricultural produce under attachment
46	Attachment of debt, share and other property not in possession of judgment-debtor
47	Attachment of share in movables	Case Law
48	Attachment of salary or allowances of public officer or servant of railway company or local authority
49	Attachment of partnership property
50	Execution of decree against firm
51	Attachment of negotiable instruments
52	Attachment of property in custody of Court or public officer	Case Law
53	Attachment of decree
54	Attachment of immovable property	Case Law
55	Removal of attachment after satisfaction of decree
56	Order for payment of coin or currency notes to party entitled under decree
57	Determination of attachment
58	Investigation of claims to, and objections to attachment of, attached property	Case Law
59	Evidence to be adduced by claimant
60	Release of property from attachment
61	Continuance of attachment subject to claim of encumbrancer
62	Questions relating to rights, etc., of claimant in attached property to be decided by Court	Case Law
63	[Omitted]
64	Power to order property attached to be sold and proceeds to be paid to person entitled	Case Law
65	Sales by whom conducted and how made
66	Proclamation of sales by public auction	Case Law
67	Mode of making proclamation
68	Time of sale	Case Law
69	Adjournment or stoppage of sale
70	Saving of certain sales
71	Defaulting purchaser answerable for loss on re-sale
72	Decree-holder not to bid for or buy property without permission
73	Restriction on bidding or purchase by officers
74	Sale of agricultural produce
75	Special provisions relating to growing crops
76	Negotiable instruments and shares in corporations
77	Sale by public auction
78	Irregularity not to vitiate sale, but any person injured may sue
79	Delivery of movable property, debts and shares
80	Transfer of negotiable instruments and shares
81	Vesting order in case of other property
82	What Court may order sales
83	Postponement of sale to enable judgment-debtor to raise amount of decree	Case Law
84	Deposit by purchaser and re-sale on default
85	Time for payment in full of purchase money
86	Procedure in default of payment
87	Notification on re-sale
88	Bid of co-sharer to have preference
89	Application to set aside sale on deposit	Case Law
90	Application to set aside sale on ground of irregularity or fraud	Case Law
91	Application by purchase to set aside sale on ground of judgment-debtor having no saleable interest	Case Law
92	Sale when to become absolute or be set aside	Case Law
93	Return of purchase money in certain cases
94	Certificate to purchaser
95	Delivery of property in occupancy of judgment-debtor	Case Law
96	Delivery of property in occupancy of tenant
97	Rseistance or obstruction to possession of immovable property	Case Law
98	Resistance or obstruction judgment-debtor	Case Law
99	Resistance or obstruction by bona fide claimant	Case Law
100	Dispossession by decree-holder or purchaser	Case Law
101	Bona fide claimant to be restored to possession	Case Law
102	Rules not applicable to transferee pendente lite
103	Certain orders conclusive and suit barred	Case Law
	ORDER_XXII
	DEATH; MARRIAGE AND INSOLVENCY OF PARTIES
1	No abatement by partys death if right to sue survives	Case Law
2	Procedure where one of several plaintiffs or defendants dies and right to sue survives
3	Procedure in case of death of one of several plaintiffs or of sole plaintiff	Case Law
4	Procedure in case of death of one of several defendants or of sole defendant	Case Law
5	Determination of question as to legal representative
6	No abatement by reason of death after hearing	Case Law
7	Suit not abated by marriage of female party
8	When plaintiffs insolvency bears suit
9	Effect of dismissal	Case Law
10	Procedure in case of assignment before final order in suit	Case Law
11	Application of Order to appeals
12	Application of Order to proceedings

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