網頁圖片
PDF
ePub 版
[blocks in formation]

Saving of procedure in suits instituted before 1st October 1877. 4. Saving of certain Acts affecting Oudh, Panjáb, Central Provinces and Burma.

5. Sections extending to Mufassal Small Cause Courts. 6. Saving of jurisdiction and procedure

(a) of Military Courts of Request;

(b) of officers appointed to try small suits in Bombay; (c) of village Munsifs and village Panchayats in Madras; (d) of Recorder of Rangoon sitting as an Insolvent Court. 7. Saving of certain Bombay laws.

8. Presidency Small Cause Courts. 9. Division of Code.

PART I.

OF SUITS IN GENERAL.

CHAPTER I.

OF THE JURISDICTION OF THE COURTS AND

RES JUDICATA.

10. No person exempt from jurisdiction by reason of descent or

11.

place of birth.

Courts to try all civil suits unless specially barred.

SECTIONS.

12. Pending suits.

13. Res judicata.

14. When foreign judgment no bar to suit in British India.

CHAPTER II.

OF THE PLACE OF SUING.

15. Court in which suit to be instituted.

16. Suits to be instituted where subject-matter situate.

17. Suits to be instituted where defendants reside or cause of

action arose.

18. Suits for compensation for wrongs to person or moveables. 19. Suits for immoveable property situate in single districts, but within jurisdictions of different Courts.

Suits for immoveable property situate in different districts. 20. Power to stay proceedings where all defendants do not reside within jurisdiction.

Application when to be made.

21. Remission of Court-fee where suit instituted in another Court. 22. Procedure where Courts in which suit may be instituted are subordinate to the same Appellate Court.

23. Procedure where they are not so subordinate.

24. Procedure where they are subordinate to different High Courts. 25. Transfer of suits.

CHAPTER III.

OF PARTIES AND THEIR APPEARANCES, APPLICATIONS AND ACTS.

26. Persons who may be joined as plaintiffs.

27. Court may substitute or add plaintiff for or to plaintiff suing. 28. Persons who may be joined as defendants.

29. Joinder of parties liable on same contract.

30. One party may sue or defend on behalf of all in same interest. 31. Suit not to fail by reason of misjoinder.

32. Court may dismiss or add parties.

No one to be added as plaintiff or as next friend without his
consent.

Parties to suits instituted or defended under Section 30.
Defendants added to be served.

Conduct of suit.

SECTIONS.

33. Where defendant added, plaintiff to amend.

34. Time for taking objections as to nonjoinder or misjoinder of

parties.

35. Each of several plaintiffs or defendants may authorize any other to appear, &c., for him.

Authority to be in writing signed and filed.

Recognized Agents and Pleaders.

36. Appearances, &c., may be in person, by recognized agent or by pleader.

37. Recognized agents.

Persons holding powers-of-attorney from parties out of jurisdiction.

Certificated mukhtárs.

Persons carrying on trade or business for parties out of jurisdiction.

Recognized agents in Panjáb, Oudh and Central Provinces. 38. Service of process on recognized agent.

39. Appointment of pleader.

40. Service of process on pleader.

41. Agent to receive process.

His appointment to be in writing and to be filed in Court.

CHAPTER IV.

OF THE FRAME OF THE SUIT.

42. Suit how to be framed.

43. Suit to include the whole claim.

Relinquishment of part of claim.

Omission to sue for one of several remedies.

44. Only certain claims to be joined with suit for recovery of land. Claims by or against executor, administrator, or heir.

45. Plaintiff may join several causes of action.

Court may order separation.

46. Defendant may apply to confine suit.

47. Court on hearing application may exclude some causes and order amendment.

CHAPTER V.

OF THE INSTITUTION OF SUITS.

48. Suits to be commenced by plaint.

49. Language of plaint.

SECTIONS.

50. Particulars to be contained in plaint.

51.

In money suits.

Where plaintiff sues as a representative.

Defendant's interest and liability to be shown.
Grounds of exemption from limitation-law.
Plaint to be subscribed and verified.

52. Contents of verification.

Verification to be signed and attested.

53. When the plaint may be rejected, returned for amendment, or

amended.

Proviso.

Attestation of amendment.

54. When the plaint shall be rejected.

55. Procedure on rejecting a plaint.

56. When rejection of plaint does not preclude presentation of fresh plaint.

57. When the plaint shall be returned to be presented to the proper Court.

Procedure on returning plaint.

58. Procedure on admitting plaint.

Concise statements.

Register of suits.

59. Production of document on which plaintiff sues.

Delivery of document or copy.

List of other documents.

60. Statement in case of documents not in his possession or power. 61. Suits on lost negotiable instruments.

62. Production of shop-book.

Original entry to be marked and returned.

63. Inadmissibility of document not produced when plaint filed.

CHAPTER VI.

OF THE ISSUE AND SERVICE OF SUMMONS.

64.

Summons.

Issue of Summons,

65. Copy or statement annexed to summons.

66. Court may order defendant or plaintiff to appear in person. 67. No party to be ordered to appear in person unless resident within 50 or, where there is a railway, 200 miles.

SECTIONS.

68. Summons to be either to settle issues or for final disposal. 69. Fixing day for appearance of defendant.

70. Summons to order defendant to produce documents required by plaintiff or relied on by defendant.

71. On issue of summons or final disposal, parties to be directed to produce their witnesses.

Service of Summons.

72. Delivery of summons for service.

73. Mode of service.

74. Service on several defendants.

75. Service to be on defendant in person, when practicable, or on

his agent.

76. Service on agent by whom defendant carries on business.

77. Service on agent in charge, in suits for immoveable property. 78. When service may be on male member of defendant's family. 79. Person served to sign acknowledgment.

80.

81.

Procedure when defendant refuses to accept service,

or cannot be found.

Endorsement of time and manner of service.

82. Examination of serving officer.

Substituted service.

83. Effect of substituted service.

84. When service is substituted, time for appearance to be fixed. 85. Service of summons when defendant resides within jurisdiction of another Court and has no agent to accept service. 86. Service within Presidency-towns and Rangoon of process issued by Mufassal Courts.

87. Service on defendant in jail.

88. Procedure if jail be in a different district.

89. Service when defendant resides out of British India and has

no agent to accept service.

90. Service through British Resident or agent of Government.

[blocks in formation]

93. Process to be served at expense of party issuing it.

Costs of service.

94. Notices and orders in writing how served.

95. Postage.

Postage.

« 上一頁繼續 »