The Code of Civil Procedure
Code of Civil Procedure · Federal · 1908 · Act V of 1908
Legal status
In force
Effective date
1909-01-01
Sections
797
Appendices — Appendix A
First Schedule
Order I — Parties To Suits
- Order I Rule 1: Who may be joined as plaintiffs
- Order I Rule 10: Suit in name of wrong plaintiff
- Order I Rule 11: Conduct of suit
- Order I Rule 12: Appearance of one of several plaintiffs of defendants for others
- Order I Rule 13: Objections as to non joinder or misjoinder
- Order I Rule 2: Power of Court to order separate trials
- Order I Rule 3: Who may be joined as defendants
- Order I Rule 4: Court may give judgement for or against one or more of joint parties
- Order I Rule 5: Defendant need not be interested in all the relief claimed
- Order I Rule 6: Joinder of parties liable on same contract
- Order I Rule 7: When plaintiff in doubt from whom redress is to be sought
- Order I Rule 8: One person may sue or defend on behalf of all in same interest
- Order I Rule 9: Misjoinder and nonjoinder
Order II — Frame Of Suit
- Order II Rule 1: Frame of suit
- Order II Rule 2: Suit to include the whole claim
- Order II Rule 3: Joinder of causes of action
- Order II Rule 4: Only certain claims to be joined for recovery of immoveable property
- Order II Rule 5: Claims by or against executor, administrator or heir
- Order II Rule 6: Power of Court to order separate trials
- Order II Rule 7: Objections as to misjoinder
Order III — Recognized Agents And Pleaders
- Order III Rule 1: Appearances etc., may be in person, by recognized agent or by pleader
- Order III Rule 2: Recognized agents
- Order III Rule 3: Service of process on recognized agent
- Order III Rule 4: Appointment of pleader
- Order III Rule 5: Service of process on pleader
- Order III Rule 6: Agent to accept service
Order IV — Institution Of Suits
Order IX — Appearance Of Parties And Consequence Of Non Appearance
- Order IX Rule 1: Parties to appear on day fixed in summons for defendant to appear and answer
- Order IX Rule 10: Procedure in case of non attendance of one or more of several plaintiffs
- Order IX Rule 11: Procedure in case of non attendance of one or more of several defendants
- Order IX Rule 12: Consequence of non attendance, without sufficient cause shown, of party ordered to
- Order IX Rule 13: Setting aside decree ex parte against defendant
- Order IX Rule 14: No decree to be set aside without notice to opposite party
- Order IX Rule 2: Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay
- Order IX Rule 3: Where neither party appears, suit to be dismissed
- Order IX Rule 4: Plaintiff may bring fresh suit or Court may restore suit to file
- Order IX Rule 5: Dismissal of suit where plaintiff, after summons returned unserved, fails for three
- Order IX Rule 6: Procedure when only plaintiff appears
- Order IX Rule 7: Procedure where defendant appears on day of adjourned hearing and assigns good
- Order IX Rule 8: Procedure where defendant only appears
- Order IX Rule 9: Decree against plaintiff by default bars fresh suit
Order L — Provincial Small Cause Courts
Order V — Issue And Service Of Summons
- Order V Rule 1: Summons
- Order V Rule 10: Mode of service
- Order V Rule 10A: Service by post
- Order V Rule 11: Service on several defendants
- Order V Rule 12: Service to be on defendant in person when practicable or on his agent
- Order V Rule 13: Service on agent by whom defendant carries on business
- Order V Rule 14: Service on agent in charge in suits for immoveable property
- Order V Rule 15: Where service may be on male member of defendant’s family
- Order V Rule 16: Person served to sign acknowledgment
- Order V Rule 17: Procedure when defendant refuses to accept service, or cannot be found
- Order V Rule 18: Endorsement of time and manner of service
- Order V Rule 19: Examination of serving officer
- Order V Rule 2: Copy or statement annexed to Summons
- Order V Rule 20: Substituted service
- Order V Rule 21: Service of summons where defendant resides within jurisdiction of another Court
- Order V Rule 22: [Service within Presidency towns of summons issued by Courts outside.] Omitted by A(repealed)
- Order V Rule 23: Duty of Court to which summons is sent
- Order V Rule 24: Service on defendant in prison
- Order V Rule 25: Service where defendant resides out of Pakistan and has no agent
- Order V Rule 26: Service in foreign territory through Political Agent or Court
- Order V Rule 26A: Service on civil public officer or on servant of railway company or local authority,
- Order V Rule 27: Service on civil public officer or on servant of railway company or local authority
- Order V Rule 28: Service on soldiers, sailors or airmen
- Order V Rule 29: Duty of person to whom summons is delivered or sent for services
- Order V Rule 3: Court may order defendant or plaintiff to appear in person
- Order V Rule 30: Substitution of letter for summons
- Order V Rule 4: No party to be ordered to appear in person unless resident within certain limits
- Order V Rule 5: Summons to be either to settle issues or for final disposal
- Order V Rule 6: Fixing day for appearance of defendant
- Order V Rule 7: Summons to order defendant to produce documents relied on by him
- Order V Rule 8: On issue of summons for final disposal, defendant to be directed to produce his
- Order V Rule 9: Delivery or transmission of summons for service
Order VI — Pleadings Generally
- Order VI Rule 1: Pleading
- Order VI Rule 10: Malice, knowledge, etc
- Order VI Rule 11: Notice
- Order VI Rule 12: Implied contract or relation
- Order VI Rule 13: Presumptions of law
- Order VI Rule 14: Pleading to be signed
- Order VI Rule 15: Verification of pleadings
- Order VI Rule 16: Striking out pleadings
- Order VI Rule 17: Amendment of pleadings
- Order VI Rule 18: Failure to amend after order
- Order VI Rule 2: Pleading to state material facts and not evidence
- Order VI Rule 3: Forms of pleading
- Order VI Rule 4: Particulars to be given where necessary
- Order VI Rule 5: Further and better statement, or particulars
- Order VI Rule 6: Condition precedent
- Order VI Rule 7: Departure
- Order VI Rule 8: Denial of contract
- Order VI Rule 9: Effect of document to be stated
Order VII — Plaint
- Order VII Rule 1: Particulars to be contained in plaint
- Order VII Rule 10: Return of plaint
- Order VII Rule 12: Procedure on rejecting plaint
- Order VII Rule 13: Where rejection of plaint does not preclude presentation of fresh plaint
- Order VII Rule 14: Production of document on which plaintiff sues
- Order VII Rule 15: Statement in case of documents not in plaintiff’s possession or power
- Order VII Rule 16: Suits on last negotiable instruments
- Order VII Rule 17: Production of shop book
- Order VII Rule 18: Inadmissibility of document not produced when plaint filed
- Order VII Rule 19: Address to be filed with plaint
- Order VII Rule 2: In money suits
- Order VII Rule 20: Nature of address to be filed
- Order VII Rule 21: Consequences of failure to file address
- Order VII Rule 22: Procedure when party not found at the place of address
- Order VII Rule 23: Service on pleader
- Order VII Rule 24: Change of address
- Order VII Rule 25: Service by other modes
- Order VII Rule 26: List of legal representatives of Plaintiff
- Order VII Rule 3: Where the subject matter of the suit is immoveable property
- Order VII Rule 4: When plaintiff sues as representative
- Order VII Rule 5: Defendant`s interest and liability to be shown
- Order VII Rule 6: Grounds of exemption from limitation law
- Order VII Rule 7: Relief to be specifically stated
- Order VII Rule 8: Relief founded on separate grounds
- Order VII Rule 9: Procedure of admitting plaint
- Order VII Rule 11: Rejection of plaint
Order VIII — Written Statement And Set Off
- Order VIII Rule 1: Written statement
- Order VIII Rule 10: Procedure when party fails to present written statement called for by Court
- Order VIII Rule 11: Address for service
- Order VIII Rule 12: Consequences of failure to file address
- Order VIII Rule 13: List of legal representatives of defendant
- Order VIII Rule 2: New facts must be specially pleaded
- Order VIII Rule 3: Denial to be specific
- Order VIII Rule 4: Evasive denial
- Order VIII Rule 5: Specific denial
- Order VIII Rule 6: Particular of set off to be given in written statement
- Order VIII Rule 7: Defence or set off founded on separate grounds
- Order VIII Rule 8: New ground of defence
- Order VIII Rule 9: Subsequent Pleadings
Order X — Examination Of Parties By The Court
- Order X Rule 1: Ascertainment whether allegations in pleadings are admitted or denied
- Order X Rule 1A: The Court may adopt any lawful procedure not inconsistent with the provisions of this Code
- Order X Rule 2: Oral examination of party or companion of party
- Order X Rule 3: Substance of examination to be written
- Order X Rule 4: Consequence of refusal or inability of pleader to answer
Order XI — Discovery And Inspection
- Order XI Rule 1: Discovery by interrogatories
- Order XI Rule 10: No exception to be taken
- Order XI Rule 11: Order to answer or answer further
- Order XI Rule 12: Application for discovery of documents
- Order XI Rule 13: Affidavit of documents
- Order XI Rule 14: Production of documents
- Order XI Rule 15: Inspection of documents referred to in pleadings or affidavits
- Order XI Rule 16: Notice to produce
- Order XI Rule 17: Time for inspection when notice given
- Order XI Rule 18: Order for inspection
- Order XI Rule 19: Verified copies
- Order XI Rule 2: Particular interrogatories to be submitted
- Order XI Rule 20: Premature discovery
- Order XI Rule 21: Non compliance with order for discovery
- Order XI Rule 22: Using answers to interrogatories at trial
- Order XI Rule 23: Order to apply to minors
- Order XI Rule 3: Costs of interrogatories
- Order XI Rule 4: Forms of interrogatories
- Order XI Rule 5: Corporations
- Order XI Rule 6: Objections to interrogatories by answer
- Order XI Rule 7: Setting aside and striking out interrogatories
- Order XI Rule 8: Affidavit in answer, filing
- Order XI Rule 9: Forms of affidavit in answer
Order XII — Admissions
- Order XII Rule 1: Notice of admission of case
- Order XII Rule 2: Notice to admit documents
- Order XII Rule 3: Form of notice
- Order XII Rule 4: Notice to admit facts
- Order XII Rule 4A: Power of Court to record admission of documents and facts
- Order XII Rule 5: Forms of admission
- Order XII Rule 6: Judgment on admissions
- Order XII Rule 7: Affidavit of signature
- Order XII Rule 8: Notice to produce documents
- Order XII Rule 9: Costs
Order XIII — Production, Impounding And Return Of Documents
- Order XIII Rule 1: Documentary evidence to be produced at first hearing
- Order XIII Rule 10: Court may send for papers from its own records or from other Courts
- Order XIII Rule 11: Provisions as to documents applied to material objects
- Order XIII Rule 2: Effect of non production of documents
- Order XIII Rule 3: Rejection of irrelevant or inadmissible documents
- Order XIII Rule 4: Endorsement on documents admitted in evidence
- Order XIII Rule 5: Endorsements on copies of admitted entries in books, accounts and records
- Order XIII Rule 6: Endorsements on documents rejected as inadmissible in evidence
- Order XIII Rule 7: Recording of admitted and return of rejected documents
- Order XIII Rule 8: Court may order any document to be impounded
- Order XIII Rule 9: Return of admitted documents
Order XIV — Settlement Of Issues And Determination Of Suit On Issues Of Law Or
- Order XIV Rule 1: Framing of issues
- Order XIV Rule 2: Issue of law and fact
- Order XIV Rule 3: Materials from which issues may be framed
- Order XIV Rule 4: Court may examine witnesses or documents before framing issues
- Order XIV Rule 5: Power to amend, and strike out, issues
- Order XIV Rule 6: Questions of fact or law may by agreement be stated in form of issues
- Order XIV Rule 7: Court, if satisfied that agreement was executed in good faith, may pronounce judgment
Order XIX — Affidavits
Order XL — Appointment Of Receivers
Order XLI — Appeals From Original Decrees
- Order XLI Rule 1: Form of appeal
- Order XLI Rule 10: Appellate Court may require appellant to furnish security for costs
- Order XLI Rule 11: Power to dismiss appeal without sending notice to Lower Court
- Order XLI Rule 12: Day for hearing appeal
- Order XLI Rule 13: Appellate Court to give notice to Court whose decree appealed from
- Order XLI Rule 14: Publication and service of notice of day for hearing appeal
- Order XLI Rule 15: Contents of notice
- Order XLI Rule 16: Right to begin
- Order XLI Rule 17: Dismissal of appeal for appellant’s default
- Order XLI Rule 18: Dismissal of appeal where notice not served in consequences of appellant’s failure to
- Order XLI Rule 19: Readmission of appeal dismissed for default
- Order XLI Rule 2: Grounds which may be taken in appeal
- Order XLI Rule 20: Power to adjourn hearing and direct persons appearing interested to be made
- Order XLI Rule 21: Rehearing on application of respondent against whom ex parte decree made
- Order XLI Rule 22: Upon hearing, respondent may be object to decree as if he had preferred separate
- Order XLI Rule 23: Remand of case by Appellate Court
- Order XLI Rule 24: Where evidence on record sufficient
- Order XLI Rule 25: Where Appellate Court may frame issues and refer them for trial to Court whose
- Order XLI Rule 26: Findings and evidence to be put on record
- Order XLI Rule 27: Production of additional evidence in Appellate Court
- Order XLI Rule 28: Mode of taking additional evidence
- Order XLI Rule 29: Points to be defined and recorded
- Order XLI Rule 3: Rejection or amendment of memorandum
- Order XLI Rule 30: Judgment when and where pronounced
- Order XLI Rule 31: Contents, date and signature of judgment
- Order XLI Rule 32: What judgment may direct
- Order XLI Rule 33: Power of Court of Appeal
- Order XLI Rule 34: Dissent to be recorded
- Order XLI Rule 35: Date and contents of decree
- Order XLI Rule 36: Copies of judgment and decree to be furnished parties
- Order XLI Rule 37: Certified copy of decree to be sent to Court whose decree appealed from
- Order XLI Rule 4: One of several plaintiffs or defendants may obtain reversal of whole decree where it
- Order XLI Rule 5: Stay by Appellate Court
- Order XLI Rule 6: Security in case of order for execution of decree appealed from
- Order XLI Rule 7: [No security to be required from the Government or a public officer in certain cases.] Rep(repealed)
- Order XLI Rule 8: Exercise of powers in appeal from order made in execution of decree
- Order XLI Rule 9: Registry of memorandum of appeal
Order XLII — Appeals From Appellate Decrees
Order XLIII — Appeals From Orders
Order XLIV — Pauper Appeals
Order XLIX — *High Courts
Order XLV — Appeals To The [Supreme Court]
- Order XLV Rule 1: “Decree” defined
- Order XLV Rule 10: Power to order further security or payment
- Order XLV Rule 11: Effect of failure to comply with order
- Order XLV Rule 12: Refund of balance deposit
- Order XLV Rule 13: Powers of Court of pending appeal
- Order XLV Rule 14: Increase of security found Inadequate
- Order XLV Rule 15: Procedure to enforce orders of the Supreme Court
- Order XLV Rule 16: Appeal from order relating to execution
- Order XLV Rule 17: [Appeals to the(repealed)
- Order XLV Rule 2: Application to Court whose decree complained of
- Order XLV Rule 3: Certificate as to value or fitness
- Order XLV Rule 4: Consolidation of suits
- Order XLV Rule 5: Remission of dispute to Court of first instance
- Order XLV Rule 6: [Effect of refusal of certificate.] Omitted by F.A.O., 1975 Art.2 and Sch(repealed)
- Order XLV Rule 7: Security and deposit required on grant of certificate
- Order XLV Rule 8: Admission of appeal and procedure thereon
- Order XLV Rule 9: Revocation of acceptance of security
- Order XLV Rule 9A: [Power to dispense with notices in case of deceased parties.] Omitted by F.A.O. 1975,(repealed)
Order XLVI — Reference
- Order XLVI Rule 1: Reference of question to High Court
- Order XLVI Rule 2: Court may pass decree contingent upon decision of High Court
- Order XLVI Rule 3: Judgment of High Court to be transmitted, and case disposed of accordingly
- Order XLVI Rule 4: Costs of reference to High Court
- Order XLVI Rule 5: Power to alter etc., decree, of Court making reference
- Order XLVI Rule 6: Power to refer to High Court questions as jurisdiction in small causes
- Order XLVI Rule 7: Power to District Court to submit for revision proceedings had under mistake as to
Order XLVII — Review
- Order XLVII Rule 1: Application for review of judgment
- Order XLVII Rule 2: To whom applications for review may be made
- Order XLVII Rule 3: Form of applications for review
- Order XLVII Rule 4: Application where rejected
- Order XLVII Rule 5: Application for review in Court consisting of two or more Judges
- Order XLVII Rule 6: Application where rejected
- Order XLVII Rule 7: Oder of rejection not appealable
- Order XLVII Rule 8: Registry of application garnted, and order for re hearing
- Order XLVII Rule 9: Bar of certain applications
Order XLVIII — Miscellaneous
Order XV — Disposal Of The Suit At The First Hearing
Order XVI — Summoning And Attendance Of Witnesses
- Order XVI Rule 1: Summons to attend to give evidence or produce documents
- Order XVI Rule 10: Procedure where witness fails to comply with summons
- Order XVI Rule 11: If witness appears attachment may be withdrawn
- Order XVI Rule 12: Procedure if witness fails to appear
- Order XVI Rule 13: Mode of attachment
- Order XVI Rule 14: Court may of its accord summon as witnesses strangers to suit
- Order XVI Rule 15: Duty of persons summoned to give evidence or produce document
- Order XVI Rule 16: When they may depart
- Order XVI Rule 17: Application of rules 10 to 13
- Order XVI Rule 18: Procedure where witness apprehended cannot give evidence or produce document
- Order XVI Rule 19: No witness to be ordered to attend in person unless resident within certain limits
- Order XVI Rule 2: Expenses of witness to be paid into Court on applying for summons
- Order XVI Rule 20: Consequence of refusal of party to give evidence when called on by Court
- Order XVI Rule 21: Rules as to witnesses to apply to parties summoned
- Order XVI Rule 3: Tender of expenses to witness
- Order XVI Rule 4: Procedure where insufficient sum paid in
- Order XVI Rule 5: Time, place and purpose of attendance to be specified in summons
- Order XVI Rule 6: Summons to produce document
- Order XVI Rule 7: Power to require persons present in Court to give evidence or produce document
- Order XVI Rule 7A: Service of summons by parties
- Order XVI Rule 8: Service of summons by Court
- Order XVI Rule 9: Time for serving summons
Order XVII — Adjournments
- Order XVII Rule 1: Court may grant time and adjourn hearing
- Order XVII Rule 2: Costs of adjournment
- Order XVII Rule 3: Court may proceed not withstanding either party fails to produce evidence, etc
- Order XVII Rule 4: Appearance of parties on the day next after holiday
- Order XVII Rule 5: Appearance of parties on the day when the presiding officer is absent
Order XVIII — Hearing Of The Suit And Examination Of Witnesses
- Order XVIII Rule 1: Right to begin
- Order XVIII Rule 10: Any particular question and answer may be taken down
- Order XVIII Rule 11: Questions objected to and allowed by Court
- Order XVIII Rule 12: Remarks on demeanour of witnesses
- Order XVIII Rule 13: Memorandum of evidence in un appealable cases
- Order XVIII Rule 14: Judge unable to make such memorandum to record reasons of his inability
- Order XVIII Rule 15: Power to deal with evidence taken before another Judge
- Order XVIII Rule 16: Power to examine witness immediately
- Order XVIII Rule 2: Statement and production of evidence
- Order XVIII Rule 3: Evidence where several issues
- Order XVIII Rule 4: Witnesses to be examined in open Court
- Order XVIII Rule 5: How evidence shall be taken in appealable cases
- Order XVIII Rule 6: When deposition to be interpreted
- Order XVIII Rule 7: Evidence under section 138
- Order XVIII Rule 8: Memorandum when evidence not taken down by judge
- Order XVIII Rule 9: When evidence may be taken in English
Order XX — Judgment And Decree
- Order XX Rule 1: Judgment when pronounced
- Order XX Rule 10: Decree for delivery of movable property
- Order XX Rule 11: Decree may direct payment by installments
- Order XX Rule 12: Decree for possession and mesne profits
- Order XX Rule 13: Decree in administration suit
- Order XX Rule 14: Decree in pre emption suit
- Order XX Rule 15: Decree in suit for dissolution of partnership
- Order XX Rule 16: Decree in suits for account between principal and agent
- Order XX Rule 17: Special directions as to accounts
- Order XX Rule 18: Decree in suit for partition of property or separate possession of a share therein
- Order XX Rule 19: Decree when set off is allowed
- Order XX Rule 2: Power to pronounce judgment written by judge's predecessor
- Order XX Rule 20: Certified copies of the judgment and decree to be furnished
- Order XX Rule 3: Judgment to be signed
- Order XX Rule 4: Judgment of Small Cause Courts
- Order XX Rule 5: Court to state its decision on each issue
- Order XX Rule 6: Contents of decree
- Order XX Rule 7: Date of decree
- Order XX Rule 8: Procedure where Judge has vacated office before signing decree
- Order XX Rule 9: Decree for recovery of immovable property
Order XXI — Execution Of Decrees And Orders
- Order XXI Rule 1: Modes of paying money under decree
- Order XXI Rule 10: Application for execution
- Order XXI Rule 100: Dispossession by decree holder or purchaser
- Order XXI Rule 101: Bona fide claimant to be restored to possession
- Order XXI Rule 102: Rules not applicable to transferee lite bendente
- Order XXI Rule 103: Certain orders conclusive and suit barred
- Order XXI Rule 11: Oral application
- Order XXI Rule 12: Application for attachment of moveable property not in judgment debtor’s
- Order XXI Rule 13: Application for attachment of immoveable property to contain particulars
- Order XXI Rule 14: Power to require certified extract from Collector`s register in certain cases
- Order XXI Rule 15: Application for execution by joint decree holder
- Order XXI Rule 16: Application for execution by transferee of decree
- Order XXI Rule 17: Procedure on receiving application for execution of decree
- Order XXI Rule 18: Execution in case of cross decrees
- Order XXI Rule 19: Execution in case of cross claims under same decree
- Order XXI Rule 2: Payment out of Court to decree holder
- Order XXI Rule 20: Cross decrees and cross claims in mortgage suits
- Order XXI Rule 21: Simultaneous execution
- Order XXI Rule 22: Notice to show cause against execution in certain cases
- Order XXI Rule 23: Procedure after issue of notice
- Order XXI Rule 23A: Deposit of decretal amount, etc
- Order XXI Rule 24: Process for Execution
- Order XXI Rule 25: Endorsement on process
- Order XXI Rule 26: When Court may stay execution
- Order XXI Rule 27: Liability of judgment debtor or discharged
- Order XXI Rule 28: Order of Court which passed decree or of appellate Court to be binding upon Court
- Order XXI Rule 29: Stay of execution pending suit between decree holder and judgment debtor
- Order XXI Rule 3: Lands situate in more than one jurisdiction
- Order XXI Rule 30: Decree for payment of money
- Order XXI Rule 31: Decree for specific moveable property
- Order XXI Rule 32: Decree for specific performance for restitution of conjugal rights, or for an injuction
- Order XXI Rule 33: Discretion of Court in executing decrees for restitution of conjugal rights
- Order XXI Rule 34: Decree for execution of document, or endorsement of negotiable instruments
- Order XXI Rule 35: Decree for immoveable property
- Order XXI Rule 36: Decree for delivery of immoveable property when in occupancy of tenant
- Order XXI Rule 37: Discretionary power to permit judgment debtor to show cause against detention in
- Order XXI Rule 38: Warrant for arrest to direct judgment debtor to be brought up
- Order XXI Rule 39: [* * * * * * *](repealed)
- Order XXI Rule 4: [Transfer to Court of Small Causes.] Omitted by the A.O., 1949(repealed)
- Order XXI Rule 40: Proceedings on appearance of judgment debtor in obedience to notice or
- Order XXI Rule 41: Examination of judgment debtor as to his property
- Order XXI Rule 42: Attachment in case of decree for rent or mesne profits or other matter, amount of
- Order XXI Rule 43: Attachment of moveable property other than agricultural produce, in possession of
- Order XXI Rule 44: Attachment of agricultural produce
- Order XXI Rule 45: Provisions as to agricultural produce under attachment
- Order XXI Rule 46: Attachment of debt, share and other property not in possession of judgment debtor
- Order XXI Rule 47: Attachment of share in moveables
- Order XXI Rule 48: Attachment of salary or allowances of public officer or servant of railway company
- Order XXI Rule 49: Attachment of partnership property
- Order XXI Rule 5: Mode of transfer
- Order XXI Rule 50: Execution of decree against firm
- Order XXI Rule 51: Attachment of negotiable instruments
- Order XXI Rule 52: Attachment of property in custody of Court or public officer
- Order XXI Rule 53: Attachment of decrees
- Order XXI Rule 54: Attachment of immoveable property
- Order XXI Rule 55: Removal of attachment after satisfaction of decree
- Order XXI Rule 56: Order for payment of coin or currency notes to party entitled under decree
- Order XXI Rule 57: Determination of attachment
- Order XXI Rule 58: Investigation of claims to, and objections to attachment of, attached property
- Order XXI Rule 59: Evidence to be adduced by claimant
- Order XXI Rule 6: Procedure where Court desires that its own decree shall be executed by another Court
- Order XXI Rule 60: Release of property from attachment
- Order XXI Rule 61: Continuance of attachment subject to claim of encumbrancer
- Order XXI Rule 62: Questions relating to rights, etc., of claimant in attached property to be decided by
- Order XXI Rule 63: [Saving of suits to establish right to attached property.] Omitted by the Law Reforms(repealed)
- Order XXI Rule 64: Power to order property attached to be sold and proceeds to be paid to person entitled
- Order XXI Rule 65: Sales by whom conducted and how made
- Order XXI Rule 66: Proclamation of sales by public auction
- Order XXI Rule 67: Mode of making proclamation
- Order XXI Rule 68: Time of sale
- Order XXI Rule 69: Adjournment or stoppage of sale
- Order XXI Rule 7: Court receiving copies of decree, etc., to file same without proof
- Order XXI Rule 70: Saving of certain sales
- Order XXI Rule 71: Defaulting purchaser answerable for loss on re sale
- Order XXI Rule 72: Decree holder not to bid for or buy property without permission
- Order XXI Rule 73: Restriction on bidding or purchase by officers
- Order XXI Rule 74: Sale of agricultural produce
- Order XXI Rule 75: Special provisions relating to growing crops
- Order XXI Rule 76: Negotiable instruments and shares in corporations
- Order XXI Rule 77: Sale by public auction
- Order XXI Rule 78: Irregularity not to vitiate sale, but any person injured may sue
- Order XXI Rule 79: Delivery of moveable property, debts and shares
- Order XXI Rule 8: Execution of decree or order by Court to which it is sent
- Order XXI Rule 80: Transfer of negotiable instruments and shares
- Order XXI Rule 82: What Courts may order sales
- Order XXI Rule 83: Postponement of sale to enable judgment debtor to raise amount of decree
- Order XXI Rule 84: Deposit by purchaser and re sale on default
- Order XXI Rule 85: Time for payment in full of purchase money
- Order XXI Rule 86: Procedure in default of payment
- Order XXI Rule 87: Notification on re sale
- Order XXI Rule 88: Bid of co sharer to have preference
- Order XXI Rule 89: Application to set aside sale on deposit
- Order XXI Rule 9: Execution by High Court of decree transferred by other Court
- Order XXI Rule 90: Application to set aside sale on ground of irregularity or fraud
- Order XXI Rule 91: Application by purchaser to set aside sale on ground of judgment debtor having no
- Order XXI Rule 92: Sale when to become absolute or be set aside
- Order XXI Rule 93: Return of purchase money in certain cases
- Order XXI Rule 94: Certificate to purchaser
- Order XXI Rule 95: Delivery of property in occupancy of judgment debtor
- Order XXI Rule 96: Delivery of property in occupancy of tenant
- Order XXI Rule 97: Resistance or obstruction to possession of immoveable property
- Order XXI Rule 98: Resistance or obstruction by judgment debtor
- Order XXI Rule 99: Resistance or obstruction by bona fide claimant
Order XXII — Death, Marriage And Insolvency Of Parties
- Order XXII Rule 1: No abatement by party’s death, if right to sue survives
- Order XXII Rule 10: Procedure in case of assignment before final order in suit
- Order XXII Rule 11: Application of Order to appeals
- Order XXII Rule 12: Application of Order to proceedings
- Order XXII Rule 2: Procedure where one of several plaintiffs or defendants dies and right to sue survives
- Order XXII Rule 3: Procedure in case of death of one of several plaintiffs or of sole plaintiff
- Order XXII Rule 4: Procedure in case of death of one of several defendants or of sole defendant
- Order XXII Rule 5: Determination of question as to legal representative
- Order XXII Rule 6: No abatement by reason of death after hearing
- Order XXII Rule 7: Suit not abated by marriage of female party
- Order XXII Rule 8: When plaintiff’s insolvency bars suit
- Order XXII Rule 9: Effect of dismissal
Order XXIII — Withdrawal And Adjustment Of Suits
Order XXIV — Payment Into Court
Order XXIX — Suits By Or Against Corporations
Order XXV — Security For Costs
Order XXVI — Commissions
- Order XXVI Rule 1: Cases in which Court may issue commission to examine witness
- Order XXVI Rule 10: Procedure of Commissioner
- Order XXVI Rule 11: Commission to examiner adjust accounts
- Order XXVI Rule 12: Courts to give Commissioner necessary instructions
- Order XXVI Rule 13: Commission to make partition of immoveable property
- Order XXVI Rule 14: Procedure of Commissioner
- Order XXVI Rule 15: Expenses of Commission to be paid into Court
- Order XXVI Rule 16: Powers of Commissioners
- Order XXVI Rule 17: Attendance and examination of witnesses before Commissioner
- Order XXVI Rule 18: Parties to appear before Commissioner
- Order XXVI Rule 19: Cases in which High Court may issue commission to examine witness
- Order XXVI Rule 2: Order for commission
- Order XXVI Rule 20: Application for commission
- Order XXVI Rule 21: To whom commissions may be issued
- Order XXVI Rule 22: Issue, execution and return of commissions and transmission of evidence to foreign
- Order XXVI Rule 3: Where witness resides within Court’s jurisdiction
- Order XXVI Rule 4: Persons for whose examination commission may issue
- Order XXVI Rule 5: Commission or request to examine witness not within Pakistan
- Order XXVI Rule 6: Court to examine witness pursuant to commission
- Order XXVI Rule 7: Return of commission with depositions of witnesses
- Order XXVI Rule 8: When depositions may be read in evidence
- Order XXVI Rule 9: Commissions to make local investigations
Order XXVII — Suits By Or Against [The Government] Or Public Officers In Their
- Order XXVII Rule 1: Suits by or against Government
- Order XXVII Rule 2: Persons authorised to act for Government
- Order XXVII Rule 3: Plaints in suits by or against Government
- Order XXVII Rule 4: Agent for Government to receive process
- Order XXVII Rule 5: Fixing of day for appearance on behalf of Government
- Order XXVII Rule 6: Attendance of person able to answer questions relating to suit against Government
- Order XXVII Rule 7: Extension of time to enable public officer to make reference to Government
- Order XXVII Rule 8: Procedure in suits against public officer
- Order XXVII Rule 8A: No security to be required from Government or a public officer in certain cases
- Order XXVII Rule 8B: Definitions of “Government” and “Government pleader
Order XXVIII — Suits By Or Against Military [Or Naval] Men [Or Airmen]
Order XXX — Suits By Or Against Firms And Persons Carrying On Business In Names
- Order XXX Rule 1: Suing of partners in name of firm
- Order XXX Rule 10: Suit against person carrying on business in name other than his own
- Order XXX Rule 2: Disclosure of partner’s names
- Order XXX Rule 3: Service
- Order XXX Rule 4: Right of suit on death of partner
- Order XXX Rule 5: Notice in what capacity served
- Order XXX Rule 6: Appearance of partners
- Order XXX Rule 7: No appearance except by partners
- Order XXX Rule 8: Appearance under protest
- Order XXX Rule 9: Suits between co partners
Order XXXI — Suits By Or Against Trustees, Executors And Administrators
Order XXXII — Suits By Or Against Minors And Persons Of Unsound Mind
- Order XXXII Rule 1: Minor to sue by next friend
- Order XXXII Rule 10: Stay of proceedings on removal, etc., of next friend
- Order XXXII Rule 11: Retirement, removal or death of guardian for the suit
- Order XXXII Rule 12: Course to be followed by minor plaintiff or applicant on attaining majority
- Order XXXII Rule 13: Where minor co plaintiff attainig majority desires to repudiate suit
- Order XXXII Rule 14: Unreasonable or improper suit
- Order XXXII Rule 15: Application of rules to persons of unsound mind
- Order XXXII Rule 16: Certain laws not to be affected
- Order XXXII Rule 2: Where suit is instituted without next friend, plaint to be taken off the file
- Order XXXII Rule 3: Guardian for the suit to be appointed by Court for minor defendant
- Order XXXII Rule 4: Who may act as next friend or be appointed guardian for the suit
- Order XXXII Rule 5: Representation of minor by next friend or guardian for the suit
- Order XXXII Rule 6: Receipt by next friend or guardian for the suit of property under decree for minor
- Order XXXII Rule 7: Agreement or compromise by next friend or guardian for the suit
- Order XXXII Rule 8: Retirement of next friend
- Order XXXII Rule 9: Removal of next friend
Order XXXIII — Suits By Paupers
- Order XXXIII Rule 1: Suits may be instituted in forma pauperis
- Order XXXIII Rule 10: Costs where pauper succeeds
- Order XXXIII Rule 11: Procedure where pauper fails
- Order XXXIII Rule 11A: Procedure where pauper suit abates
- Order XXXIII Rule 12: Provincial Government may apply for payment or court fees
- Order XXXIII Rule 13: Provincial Government to be deemed a party
- Order XXXIII Rule 14: Recovery of amount of court fees
- Order XXXIII Rule 15: Refusal to allow applicant to sue as pauper to bar subsequent application of like
- Order XXXIII Rule 16: Costs
- Order XXXIII Rule 2: Contents of application
- Order XXXIII Rule 3: Presentation of application
- Order XXXIII Rule 4: Examination of applicant
- Order XXXIII Rule 5: Rejection of applications
- Order XXXIII Rule 6: Notice of day for receiving evidence of applicants pauperism
- Order XXXIII Rule 7: Procedure at hearing
- Order XXXIII Rule 8: Procedure if application admitted
- Order XXXIII Rule 9: Dispaupering
Order XXXIV — Suits Relating To Mortgages Of Immoveable Property
- Order XXXIV Rule 1: Parties to suits for foreclosure, sale and redemption
- Order XXXIV Rule 10: Costs of mortgagee subsequent to decree
- Order XXXIV Rule 11: Payment of interest
- Order XXXIV Rule 12: Sale of property subject to prior mortgage
- Order XXXIV Rule 13: Application of proceeds
- Order XXXIV Rule 14: Suit for sale necessary for bringing mortgaged property to sale
- Order XXXIV Rule 15: Mortgages by the deposit of title deeds and charges
- Order XXXIV Rule 3: Final decree in foreclosure suit
- Order XXXIV Rule 4: Preliminary decree in suit for sale
- Order XXXIV Rule 5: Final decree in suit for sale
- Order XXXIV Rule 6: Recovery of balance due on mortgage in suit for sale
- Order XXXIV Rule 7: Preliminary decree in redemption suit
- Order XXXIV Rule 8: Final decree in redemption suit
- Order XXXIV Rule 9: Decree where nothing is found due or where mortgagee has been over paid
Order XXXIX — Temporary Injunctions And Interlocutory Orders
- Order XXXIX Rule 1: Cases in which temporary injunction may be granted
- Order XXXIX Rule 10: Deposit of money, etc., in Court
- Order XXXIX Rule 2: Injunction to restrain repetition or continuance of breach
- Order XXXIX Rule 3: Before granting injunction Court to direct notice to opposite party
- Order XXXIX Rule 4: Order for injunction may be discharged, varied or set aside
- Order XXXIX Rule 4A: Injunction to cease to be in force after certain period
- Order XXXIX Rule 5: Injuction to corporation binding on its officers
- Order XXXIX Rule 6: Power to order interim sale
- Order XXXIX Rule 7: Detention, preservation, inspection, etc., of subject matter of suit
- Order XXXIX Rule 8: Application for such orders to be after notice
- Order XXXIX Rule 9: When party may be put in immediate possession of land the subject matter of suit
Order XXXV — Interpleader
- Order XXXV Rule 1: Plaint in interpleader suits
- Order XXXV Rule 2: Payment of thing claimed into Court
- Order XXXV Rule 3: Procedure where defendant issuing plaintiff
- Order XXXV Rule 4: Procedure at first hearing
- Order XXXV Rule 5: Agents and tenants may not institute interpleader suits
- Order XXXV Rule 6: Charge for plaintiff's costs
Order XXXVI — Special Case
Order XXXVII — Summary Procedure On Negotiable Instruments
- Order XXXVII Rule 1: Application of Order
- Order XXXVII Rule 2: Institution of summary suits upon bills of exchange, etc
- Order XXXVII Rule 3: Defendant showing defence on merit to have leave to appear
- Order XXXVII Rule 4: Power to set aside decree
- Order XXXVII Rule 5: Power to order bill, etc., to be deposited with officer Court
- Order XXXVII Rule 6: Recovery of cost of nothing non acceptance of dishonoured bill or note
- Order XXXVII Rule 7: Procedure suits
Order XXXVIII — Arrest And Attachment Before Judgment
- Order XXXVIII Rule 1: Where defendant may be called upon to furnish security for appearnce
- Order XXXVIII Rule 10: Attachment before judgment not to affect rights of strangers nor bar decree holder
- Order XXXVIII Rule 11: Property attached before judgment not to be re attached in execution of decree
- Order XXXVIII Rule 12: Agricultural produce not attachable before judgment
- Order XXXVIII Rule 13: Small Cause Court not to attach immoveable property
- Order XXXVIII Rule 2: Security
- Order XXXVIII Rule 3: Procedure on application by surety to be discharged
- Order XXXVIII Rule 4: Procedure where defendant fails to furnish security or find fresh security
- Order XXXVIII Rule 5: Where defendant may be called upon to furnish security for production of property
- Order XXXVIII Rule 6: Attachment where cause not shown or security not furnished
- Order XXXVIII Rule 7: Mode of making attachment
- Order XXXVIII Rule 8: Investigation of claim to property attached before judgment
- Order XXXVIII Rule 9: Removal of attachemnt when security furnished or suit dismissed
Part I — Suits In General
- Section 9: Courts to try all civil suits unless barred
- Section 10: Stay of suit
- Section 11: Res Judicata
- Section 12: Bar to further suit
- Section 13: When foreign judgment not conclusive
- Section 14: Presumption as to foreign judgment
- Section 15: Court in which suits to be instituted
- Section 16: Suits to be instituted where subject matter situate
- Section 17: Suits for immoveable property situate within jurisdiction of different Courts
- Section 18: Place of institution of suit where local limits of jurisdiction, of Courts are
- Section 19: Suits for compensation for wrongs to person or moveables
- Section 20: Other suits to be instituted where defendants reside or cause of action arises
- Section 21: Objections to jurisdiction
- Section 22: Power to transfer suits which may be instituted in more than one Court
- Section 23: To what Court application lies
- Section 24: General power of transfer and with drawl
- Section 24A: Appreance of parties on transfer of suits, etc
- Section 25: [Power of Provincial Government to transfer suits.] Omitted by the Central Laws (Statue Reform)(repealed)
- Section 26: Institution of suit
- Section 27: Summons to defendants
- Section 27A: * * * * * * *](repealed)
- Section 28: Service of summons where defendant resides in another Province
- Section 29: Service of foreign summonses
- Section 30: Power to order discovery and the like
- Section 31: Summons to witness
- Section 32: Penalty for default
- Section 33: Judgment and decree
- Section 34: Interest
- Section 34A: Interest on public dues
- Section 34B: Interest, etc
- Section 35: Costs
- Section 35A: Adjournment costs
- Section 35B: Special costs
- Section 35C: General provisions as to costs
Part II — Execution
- Section 36: Application to orders
- Section 37: Definition of Court which passed a decree
- Section 38: Court by which decree may be executed
- Section 39: Transfer of decree
- Section 40: Transfer of decree to Court in another Province
- Section 41: Results of execution proceeding to be certified
- Section 42: Powers of Court in executing transferred decree
- Section 43: Execution of decrees passed by British Courts in places to which this Part does not
- Section 44: [Omitted](repealed)
- Section 44A: Execution of decrees passed by Courts in the United Kingdom and other
- Section 45: [Omitted](repealed)
- Section 46: Precepts
- Section 47: Questions to be determined by the Court executing decree
- Section 48: Execution barred in certain cases
- Section 49: Transferee
- Section 50: Legal representative
- Section 51: Powers of Court to enforce execution
- Section 52: Enforcement of decree against legal representative
- Section 53: Liability of ancestral property
- Section 54: Partition of estate of seperation of share
- Section 55: Arrest and detention
- Section 56: Prohibition of arrest or detention of women in execution of decree for money
- Section 57: Subsistence Allowance.] Omitted by the Code of Civil Procedure (Amdt.) Ordinance,(repealed)
- Section 58: Release from detention
- Section 59: [Release on ground of illness.] Omitted by the Code of Civil Procedure (Amdt.) Ordinance,(repealed)
- Section 60: Property liable to attachment and sale in execution of decree
- Section 61: Partial exemption of agricultural produce
- Section 62: Seizure of property in dwelling house
- Section 63: Property attached in execution of decrees of several Courts
- Section 64: Private alienation of property after attachment to be void
- Section 65: Purchaser's title
- Section 66: Suit against purchaser not maintainable on ground of purchase being on behalf of
- Section 67: Power for Provincial Government to make rules as to sales of land in execution of
- Section 68: Power to prescribe rules for transferring to Collector execution of certain decrees
- Section 69: Provisions of Third Schedule to apply
- Section 70: Rules of procedure
- Section 71: Collector deemed to be acting judicially
- Section 72: Where Court may authroise Collector to stay public sale of land
- Section 73: Proceeds of execution sale to be rateably distributed among decree holders
- Section 74: Resistance to execution
Part III — Incidental Proceedings
Part IX — Special Provision Relating To [* *] High Courts
- Section 116: Part to apply only to certain High Courts
- Section 117: Application of Code to High Courts
- Section 118: Execution of decree before ascertainment of costs
- Section 119: Unauthorised persons not to address Courts
- Section 120: Provisions not applicable to High Court in original civil jurisdiction
Part V — Suits In Particular Cases
- Section 79: Suits by or against the Government
- Section 80: Notice
- Section 81: Exemption from arrest and personal appearance
- Section 82: Execution of decree
- Section 83: When aliens may sue
- Section 84: When foreign States may sue
- Section 85: Persons specially appointed by Government to prosecute or defend for Ruler of
- Section 86: [Suits against Rulers.] Repealed by the State Immunity Ordinance, 1981 (VI of 1981),(repealed)
- Section 86A: Suits against diplomatic agents
- Section 87: [Style of Rulers as Parties to suits.] Repealed by the State Immunity Ordinance, 1981 (VI(repealed)
- Section 87A: [Application of sections 85 and 86 to Rulers of Acceding States, etc.] Omitted by the(repealed)
- Section 88: Where inter pleader suit may be instituted
- Section 89: [Arbitration.] Omitted by the Arbitration Act, 1940 (X of 1940), s. 49 and Third Schedule(repealed)
- Section 89A: Alternate dispute resolution
- Section 90: Power to state case for opinion of Court
- Section 91: Public nuisances
- Section 92: Public charities
- Section 93: Exercise of powers of Advocate General
Part VI — Supplemental Proceedings
Part VII — Appeals
- Section 96: Appeal from original decree
- Section 97: Appeal from final decree where no appeal from preliminary decree
- Section 98: Decision where appeal heard by two or more Judges
- Section 99: No decree to be reversed or modified for error or irregularity not affecting merits or
- Section 100: Second appeal
- Section 101: Second appeal on no other grounds
- Section 102: No second appeal in certain cases
- Section 103: Power of High Court to determine issues of fact
- Section 104: Orders from which appeal lies
- Section 105: Other orders
- Section 106: What Courts to hear appeals
- Section 107: Powers of Appellate Court
- Section 108: Procedure in appeals from appellate decrees and orders
- Section 109: When appeals, lie to the Supreme Court
- Section 110: [Omitted](repealed)
- Section 111: Bar of certain appeals
- Section 111A: [Omitted](repealed)
- Section 112: Savings
Part VIII — Reference, Review And Revision
Part X — Rules
- Section 121: Effect of rules in First Schedule
- Section 122: Power of certain High Courts to make rules
- Section 123: Constitution of Rules Committees in certain Provinces
- Section 124: Committee to report to High Court
- Section 125: [Omitted](repealed)
- Section 126: Rules to be subject to approval
- Section 127: Publication of rules
- Section 128: Matters for which rules may provide
- Section 129: Power of [*] the High Courts to make rules as to their original civil procedure
- Section 130: [Omitted](repealed)
- Section 131: Publication of rules
Part XI — Miscellaneous
- Section 132: Exemption of certain women from personal appearance
- Section 133: Exemption of other persons
- Section 134: Arrest other than in execution of decree
- Section 135: Exemption from arrest under civil process
- Section 136: Procedure where person to be arrested or property to be attached is outside district
- Section 137: Language of subordinate Courts
- Section 138: Power of High Court to require evidence to be recorded in English
- Section 139: Oath on affidavit by whom to be administered
- Section 140: Assessors in causes of savages, etc
- Section 141: Miscellaneous proceedings
- Section 142: Orders and notices to be in writing
- Section 143: Postage
- Section 144: Application for restitution
- Section 145: Enforcement of liability of surety
- Section 146: Proceedings by or against representatives
- Section 147: Consent or agreement by person under disability
- Section 148: Enlargement of time
- Section 149: Power to make up deficiency of court fees
- Section 150: Transfer of business
- Section 151: Saving of inherent powers of Court
- Section 152: Amendment of judgments, decrees or orders
- Section 153: General power to amend
- Section 154: [Omitted](repealed)
- Section 155: [Omitted](repealed)
- Section 156: [Repeals.](repealed)
- Section 157: Continuance of orders under repealed enactments(repealed)
- Section 158: Reference to Code of Civil Procedure and other repealed enactments(repealed)
- Section 159: Saving of proceedings
Preliminary
- Section 1: Short title, commencement and extent
- Section 2: Definitions
- Section 3: Subordination of Courts
- Section 4: Savings
- Section 5: Application of the Code to the Revenue Courts
- Section 6: Pecuniary Jurisdiction
- Section 7: [* * * * * * *](repealed)
- Section 8: [Presidency Small Cause Courts.] Omitted by A.O., 1949(repealed)
Schedules
- Fifth Schedule: [Enactments repealed.] Rep. by the Second Repealing and Amending(repealed)
- Fourth Schedule: [Enactments amended.] Omitted by the Federal Laws (Revision and(repealed)
- Second Schedule: [Arbitration] Rep. by the Arbitration Act, 1940 (X of 1940), s.(repealed)
- Third Schedule: Third Schedule
Legal information only. Verify current law and obtain advice from a qualified lawyer for your circumstances.