CHAPTER 21 THE CIVIL PROCEDURE ACT
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ARRANGEMENT OF SECTIONS
Part I – Preliminary
Section
1–Short title and application.
1A-Objective of Act.
1B-Duty of Court.
2–Interpretation.
3–Saving of special jurisdiction and powers.
3A–Saving of inherent powers of court.
4–Pecuniary jurisdiction.
Part II – Suits in General
Jurisdiction of Courts
5–Courts to try all civil suits unless barred.
6–Stay of suit.
7–Res judicata.
8–Bar to further suit.
9–When foreign judgment not conclusive.
10–(Repealed.)
Place of Suing
11-Court in which suit to be instituted.
12–Suit to be instituted where subject-matter situate.
13–Suit for immovable property situate within jurisdiction of
different courts.
14–Suit for compensation for wrong to the person or movables.
15–Other suits to be instituted where defendant resides or cause
of action arises.
16–Objections to jurisdiction.
17–Power to transfer suits which may be instituted in more
than one court.
18–Power of High Court to withdraw and transfer case
instituted in subordinate court.
Institution of Suits
19–Institution of suits.
Procedure in Suits and Discovery
20–Service on defendant.
21–Service where defendant resides in another district.
22–Power to order discovery and the like.
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23–Summons to witness.
24–Penalty for default.
Judgment and Decree
25–Judgment and decree.
Interest
26–Interest.
Costs
27–Costs.
Part III – Execution
General
28–Application to orders.
29–Definition of “court which passed a decree”.
Courts by which Decrees may be Executed
30–Court by which decree may be executed.
31–Transfer of decree.
32–Result of execution proceedings to be certified.
33–Powers of court in executing transferred decree.
Questions to be Determined by Court Executing Decree
34–Questions to be determined by court executing decree.
35–(Repealed.)
Transferees and Legal Representatives
36–Transferee of decree.
37–Legal representative.
Procedure in Execution
38–Powers of court to enforce execution.
39–Enforcement of decree against legal representative.
40–Arrest and detention.
41–Subsistence allowances.
42–Detention and release.
43–Release on ground of illness.
Attachment
44–Property liable to attachment and sale in execution of
decree.
45–Seizure of property in dwelling-house.
46–Property attached in execution of decrees of several courts.
47–Private alienation of property after attachment to be void.
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Sale
48–Purchaser’s title.
49–Suit against purchaser not maintainable on ground of
purchase being on behalf of plaintiff.
Distribution of Assets
50–Distribution of assets.
Resistance to Execution
51–Resistance to execution.
Part IV – Inci dental Proceedings
Commissions
52–Power of court to issue commission.
53–Commission to another court.
54–Letter of request.
55–Commission issued by foreign court.
Part V – Suits in Partic ular Cases
Suits by Aliens and by or against Foreign Rulers
56–When alien may sue.
57–When foreign state may sue.
Interpleader
58–When interpleader suit may be instituted.
Part VI – Speci al Proceedings
Arbitration
59–Arbitration.
Special Case
60–Power to state case for opinion of court.
Suits Relating to Public Matters
61–Public nuisance.
62–Public charity.
Part VII – Supplemental Proceedings
63–Supplemental proceedings.
64–Compensation for arrest, attachment or injunction on
insufficient grounds.
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Part VIII – Appeals to the Hig h Court and Court of
Appeal
Appeals from Original Decrees
65–Appeal from other courts.
66–Appeal from decree of High Court.
67–Appeal from original decree.
68–Appeal from final decree where no appeal from
preliminary decree.
69–Decision where appeal heard by two or more judges.
70–(Renumbered.)
71–(Renumbered.)
Appeals from Appellate Decrees of a Subordinate Court
71A–Second appeal from subordinate court.
Appeals from Appellate Decrees of the High Court
72–Second appeal from the High Court.
73
(Repealed.)
74
Appeals from Orders
75–Orders from which appeal lies.
76–Other orders.
77–What court to hear appeal.
General Provisions Relating to Appeals
78–Powers of appellate court.
79–Procedure in appeals from appellate decrees and orders.
79A–No decree to be altered for error not affecting merits or
jurisdiction.
79B–Summary rejection of appeal.
79C–Mode of hearing appeal.
79D–Grounds for second appeal from High Court.
79E–No second appeal from High Court in certain cases.
79F–Appeals by paupers.
79G-Time for filing appeals from subordinate courts.
Part IX – Revi ew
80–Review.
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Part X - Rules
81–Rules Committee.
Part XI – Misc ellaneous Provisi ons
82–Exemption of certain women.
83–Arrest other than in execution of decree.
84–Exemption from arrest under civil process.
85–Procedure relating to arrest and attachment.
86–Language of courts.
87–Assessors.
Section
88–Administration of oath on affidavit.
89–Miscellaneous proceedings.
90–Orders and notices to be in writing.
91–Application for restitution.
92–Enforcement of liability of surety.
93–Consent or agreement by persons under disability.
94–Execution of decree of High Court before costs ascertained.
95–Enlargement of time.
96–Power to make up deficiency of court fees.
97–(Renumbered.)
98–Execution of instruments by order of court.
99–Amendment of judgments, decrees or orders.
100–General power to amend.
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