Execution of decrees passed by Courts in reciprocating territory. When appeals lie to the Supreme Court. It deals whether how suit shall be instituted, who shall institute, how Court shall determine the claim in favour of defendants, on what grounds suit can be dismissed, and how the costs are determined. First appeal lies in the Court of District Judge. There are only two cases in which Court can amend or vary a decree or order after it is drawn up and signed, namely: 1.
Judgement cannot be given without issuing decree. Costs awarded to the decree-holder shall, unless otherwise directed, be retained out of the money recovered by him under the garnishee order and in priority to the amount of his decree. Where a plaintiff or defendant, who has been ordered to appear in person, does not appear in person, or show sufficient cause to the satisfaction of the Court for failing so to appear, he shall be subject to all the provisions of the foregoing rules applicable to plaintiffs and defendants respectively, who do not appear. Where the value of the suit is Rs. Vesting order in case of other property Sale of Immovable Property 82. Power to amend and strike out issues 6.
If the property attached includes both live-stock and other articles, separate list of the live-stock shall similarly be prepared and attested. Power to transfer suits which may be instituted in more than one Court. Appointment of receiver: In order to keep the property of defendant in the custody of Court, Court may appoint receiver for maintenance and subsequently its sale. Court in which suits to be instituted. It has been so brought into force in Bombay, Bengal, U. The list shall constitute an application by the plaintiff under sub-rule 2 above. No second appeal in certain cases.
Persons served to sign acknowledgement. No decree shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite-party. Illustrations a A holds a decree against B for Rs. Decree may direct payment by instalments. Legal representative Procedure in Execution 51. Where the suit is against a local authority the Court in fixing the day for such authority to answer the plaint shall allow a reasonable time for the necessary communication with any department of the Government and for the issue of necessary instructions to the pleader of the authority, and may extend the time at its discretion. It is open to party to withdraw his plaint as a whole or partly at any stage of proceedings.
The rent for the whole of the years 1905, 1906 and 1907 is due and unpaid. Particulars to be given where necessary. When jurisdiction then original: 10. Security and deposit required on grant of certificate 8. Such applications should not be entertained thereafter, unless good cause is shown to the satisfaction of the Court. Added by Act 1 of 1914, sec. The postal acknowledgment purporting to contain the signature of the defendant may be deemed to be prima facie proof of sufficient service of the summons on the defendant on the day on which it purports to have been signed by him.
The order shall direct that the guardian as and when required by the Court shall file into Court the account of the moneys so received by him. Inspection of documents referred to in pleadings or affidavits. It must contain due reservations for future claim. Parties to appear before Commissioner Commissions issued at the instance of foreign Tribunals 19. Where the plaintiff sues in representative character the plaint shall show not only has an actual existing interest in the subject-matter, but that he has taken the steps if any necessary to enable him to institute a suit concerning it.
Consequences of non filing of registered address. Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court sue motu or any party may apply for an order to that effect and the Court may make such order as it thinks just. The judgement or decree of lower Court is contravened to law and fact. Consequences of failure to file address. Every party, whether original, added or substituted, who appears in any suit or other proceeding shall, on or before the date fixed in the summons, notice or other process served on him as the date of the hearing file in Court a proceeding stating his address for service, and if he fails to do so, he shall be liable to have his defence, if any, struck out and to be placed in the same position as if he had not defended. Service on soldiers, sailors or airmen 29. Further and better statement, or particulars.
If the property cannot, from its nature or bulk, be conveniently kept on the Court premises, or in the personal custody of the Nazir, he may, subject to the approval by the Court, make such arrangement for its safe custody under his own supervision as may be most convenient and economical, and the Court may fix the remuneration to be allowed to the persons, not being officers, of the Court, in whose custody the property is kept. If on the date fixed, such party is not present and the process is not declared by the Court under rule 19 of Order 5, to have been duly served, another date shall be fixed and a copy of the process shall be sent to the registered address by registered post, and such service shall be deemed to be as effectual as if the process had been personally served. Property liable to attachment and sale in execution of decree. Duty of defendant to produce documents upon which relief is claimed or relied upon by him. Mortgagee not to bid at sale without the leave of the Court. His holding of property is holding of the Court.
Copies of judgments when to be made available. Address for service of notice. Provided that such withdrawal shall not have the effect of prejudicing any claim by the plaintiff disputing the correctness of the amount deposited: Provided further that if the amount deposited includes any sums claimed by the depositor to be deductible on any account, the Court may require the plaintiff to furnish the security for such sum before he is allowed to withdraw the same. Where leave is granted to the mortgagee to bid, a reserve price to be fixed by the Court. Before the enactment of Banking Ordinance, the cases relating with banking were dealt in ordinary civil courts but after its enactment, special courts are constituted to deal with banking matters. Execution of decrees passed by Civil Courts in places to which this Code does not extend.