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High COURT. 617. Reference of question to High Court. 618. Court may pass decree contingent
upon opinion of High Court. 619. Judgment of High Court to be trans
mitted, and case disposed of accord
ingly. 620. Costs of reference to High Court. 621. Power to alter, &c., decrees of Court
making reference. 622. Power to call for record of cases not
appealable to High Court,
CHAPTER XLV. OF APPEALS TO THE QUEEN IN COUNCIL. 594. Decree' defined. 595. When appeals lie to Queen in Council. 596. Value of subject matter. 597. Bar of certain appeals. 598. Application to Court whose decrce
complained of. 000. Certificate as to value or fitness. 601. Effect of refusal of certificate. 602. Security and deposit required on grant
of certificate. 603. Admission of appeal and procedure
thereon. 604. Revocation of acceptance of security. 605. Power to order further security or
payment. 606. Effect of failnre to comply with order. 607. Refund of balance of deposit. 608. Powers of Court pending appeal. 609. Increase of security found inade.
quate. 010. Procedure to enforce orders of Queen
in Council. 611. Appeal against order relating to exe
cution, 612. Power to make rules.
Publication of rules. 613. Legalization of existing rules.
OF REVIEW OP JUDGMEXT, 623. Application for review of judgment. 624. To whom application for review
may be made. 625. Form of applications for review. 626. Application when rejected.
Application when granted.
Proviso. 627. Application for review in Court con
sisting of two or more Judges, 628. Application when rejected. 629. Order of rejection final,
Objections to admission. 630. Registry of application granted, and
order for re-hearing.
CIIAPTER XLVIII. SPECIAL RULES RELATING TO THE CHAR
TERED High COURTS. 631. Chapter to apply only to certain High Courts.
644. Use of forms in fourth sclecule.
Courts to state cases.
tions as to jurisdiction in small
632. Application of Code to Iligh Courts. 633. High Court to record judgments ac
cording to its own rules. 634. Power to order execution of decree
before ascertainment of costs, and
execution for costs subsequently. 635. Unanthorized persons not to address
Court. 636. Who may
serve process of High Court. 637 Non-jndicial acts may be done by
in original civil jurisdiction.
cise of insolvont jurisdiction. 639. Power to frame forms.
646B. Power to District Court to submit for
revision proceedings had noder
Admission of afhdavits as evidence. 648. Procedure when person to be arrested
or property to be attached is outside
district. 649. Rules applicable to all civil process
for arrest, sale or payment. 650. Application of rules as to witnessesg. 650 A. Service of foreign summonsos. 652. Power to make subsidiary rules of
procedure. 653. Release on ground of illness of judg.
ment-debtor. The First SCHEDULE.—Acts repealed. THE SECOND SCHEDULE. - Chapters and sec.
tions of this Code
An Act to Consolidate and Amend the Laws relating to the Procedure of the
Courts of Civil Juilicature.
the procedure of the Courts of Civil Judicature; Preamble.
It is hereby enacted as follows:
PRELIMINARY. 1. This Act may be cited as “The Code of Civil Procedure :" Short title.
and it shall come into force on the first day of Conimeucement.
This section and section 3 extend to the whole of British India(a). The
other sections extend to the whole of British Local extent.
India except the Scheduled Districts as defined in Act No. XIV. of 1874.
2. In this Act, unless there be something Interpretation-clause.
repugnant in the subject or context“chapter :"
“chapter" means a chapter of this Code ; “district” means the local limits of the jurisdiction of a principal Civil “ district :"
Court of original jurisdiction (hereinafter called “ District Court :"
a District Court'), and includes the local limits of the ordinary original civil jurisdiction of a High Court(1) : every Court of a grade inferior to that of a District Court and every Court of Small Causes shall, for the purposes of this Code, be deemed to be subordinate to the High Court and the District Court: “pleader” means every person entitled to appear and plead for another
in Court, and includes an advocate, a vakil "pleader :"
and an attorney of a High Court: “Government Pleader” includes also any officer appointed by the Local
Government to perform all or any of the func“ Government Pleader :"
tions expressly imposed by this Code on the Government Pleader:
“ Collector” means every officer performing “ Collector :"
the duties of a Collector of land-revenue: " decree means the formal expression of an adjudication upon any
right claimed, or defence set up, in a Civil “ decree :"
Court when such adjudication, so far as regards the Court expressing it, decides the suit or appeal(c). An order rejecting a plaint or directing accounts to be taken, or determining any question mentioned or referred to in section 241, but not specified in section 588, is within this efinition: an order specified in section 588 is not within this definition:
order” means the formal expression of “ order:”
any decision of a Civil Court which is not a decree as above defined :
S. 1 (a).–See cl. (8) of S. 2 of Act I. of 1868. The Cocle has been extended to Sind (G. G. 1882, p. 405) and introduced into the States of Miraj and Ramdurg (ib 1883, p. 282), the Jaghir territories of the State of Jath (ib. p. 388), the Akalkot State (ib. 1885, p. 721), the Sachin State (ib. 1887, p. 377) and the Residency and Civil Station of Kolhapur (ib. p. 931.)
S. 2 (b).-See I. L. R., III. Calc., 370, and cl. 11 of the amended Letters Patent for the Bombay High Court, dated the 28th December, 1865.
8. 2 (c).-See I. L. R., IV. Calc., 531. An order dismissing an appeal as barred by limitation is a decree. P.J, 1885, p. 74. I. L. R., VII. All., 42.
An order directing a suit or appeal to abate is a decree. I. L. R., X. Bom., 220.
An order rejecting a plaiut on tbe ground of its being insufficiently stamped is a decree. I. L. R., VI. Calc., 219. The decree must be in a suit or appeal. I. L. R., V. Bom., 673.
"judgment” means the statement given by "judgment :"
the Judge of the grounds of a decree or order :
Judgo” means the presiding Officer of a "Judge :"
“judgment-debtor” means any "judgment-debtor:”
person against whom a decree or order has been made : decree-holder means any person in whose favour a decree or any
order capable of execution has been made, and "decree-holder :"
includes any person to whom such decree or order is transferred:
“written" includes printed and lithographed, “written :
and “writing”includes print and lithograph: “signed” includes marked, when the person making the mark is un
able to write his name; it also includes stamped “signed;"
with the name of the person referred to : foreign Court” means a Court situate beyond the limits of British
India and not having authority in British foreign Court :"
India nor established by the Governor General
in Council: “ foreign judgment :
foreign judgment” means the judgment of a foreign Court:
“public officer” means a person falling "public officer:”
under any of the following descriptions
(namely) :every Judge; every covenanted servant of Her Majesty;
every commissioned officer in the military or naval forces of IIer Majesty while serving under Government;
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 specially authorized by a Court of Justice to perform any of such daties;
every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
every officer of 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;
every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of Government, or to make any survey, assessment or contract on behalf of Government, or to execute any revenueprocess, or to investigate, or to report on, any matter affecting the pecuniary interests of Government, or to make, authenticate or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty. And in any part of British India in which this Code operates, “ Govern
ment” includes the Government of India as “ Government.”
well as the Local Government. 3. The enactments specified in the first schedule hereto annexed are
hereby repealed to the extent mentioned in Enactments repealed.
the third column thereof. But all notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed and forms framed under any such enactment, shall, so far as they are consistent with this Code, be deemed to be respectively published, made, appointed, filed, prescribed and framed hereunder. And when in any Act, Regulation or notification passed or issued prior
to the day on which this Code comes into References in previous Acts.
force, reference is made to Act No. VIII. of 1859, Act No. XXIII. of 1861, or the 'Code of Civil Procedure,' or to Act No. X. of 1877, or to any other Act hereby repealed, such reference shall, so far as may be practicable, be read as applying to this Code or the corresponding part thereof. Save as provided by section 99A, nothing herein contained shall affect
any proceedings prior to decree in any suit Saving of procedure in suits instituted before 1st June, 1882.
instituted or appeal preseuted before the first
day of June, 1882, or any proceedings after decree that may have been commenced and were still pending at that date.
Every appeal pending on the twenty-ninth day of July, 1879, which
would have lain if this Code had been in force Appeals pending on 29th July, 1979.
on the date of its presentation, shall be heard
and determined as if this Code had been in force on such date ; and every order passed before the same day, purporting to transfer a case to a Collector under Act No. X. of 1877, section 320, and every notification published before the same day, purporting to be issued under Act No. X. of 1877, section 360, shall be deemed to have been respectively passed and issued in accordance with law.