Code of civil procedure 1908 punjab judicial academy. Time period for pronouncing judgment rule 1 of order xx of the cpc stipulates that judgment must be pronounced within a maximum time period of 60 days from the date of conclusion of hearings. Cpc order xxxi to schedule v format of a suit for specific performance of a contract important points to remember as per order vi pleading and order vii plaint cpc, every plaint must contain the following things. Order 7 of the civil procedure code then proceeds to lay down rules about the plaint in a suit. Code of civil procedure, 1908 order viii rule 1 on the basis of the apt observations of this court in balraj taneja and another. Civil procedure code, 1908, order 23, rule 1 even if o. The following amendments in rules and orders of the first.
Civil procedure code, 1908, order 8, rule 1 non filing of written statement within stipulated time condonation of delay provision of o. Order viii cpc rule 1, 2, 3, 4, 5 order 8 cpc 1908. Procedure in appeals from appellate decrees and orders. This relates to production by both the parties, the plaintiff and the defendant.
Legal provisions of order xiii of code of civil procedure. I have created it to help law students go to a section or order quickly. I n a recent judgment, the supreme court considered whether a written statement can be filed by a defendant after 120 days, the maximum time period provided under the amended provisions of order viii, rule 1 of the code of civil procedure, 1908 cpc. The amendments were considered necessary to tackle the problem of delay in dispensing civil justice.
Property also cannot be attached under order vii rule 1 cpc as the said order deals with particulars which need to be contained in the plaint. Link to civil procedure code code of civil procedure, 1908. Earlier law on order 8, rule 1 has now been set at naught. The supreme court observed that the proviso added to cpc by commercial courts, commercial division and commercial appellate. Order 9 appearance of parties and consequence of nonappearance. Under the provisions of order 21 of the civil procedure code, 1908 cpca creditor who has a claim against his debtor has to first obtain a decree against him and execute the said decree by having him arrested or his property attached in execution. Code of civil procedure, 1908 order viii rule 1 as amended by civil procedure code amendment act, 1999 written statementfiling ofextended time granted by court beyond prescribed periodthe extended date being holiday, written statement filed on the next dayrefusal by court to accept, the same being beyond 90 dayswrit petitionhigh court held. Rule 18 of order xxxiii of the civil procedure code states that the central and state government may make such additional provisions as it thinks fit for providing free legal services to those who have been allowed to sue as indigent persons. In the absence of any material to show that the lessees are in possession of the disputed property upon renewal of their lease by the government on payment of rent, such lessees cannot be held to be necessary parties in a suit in which the lessor government is a defendant. Besides a judgment which could be passed under order 8 rule 5 cpc, order xii rule 6 and order xv rule 1 also relate to the judgment on admissions. The details of particulars to be contained in plaint are as follows. Order vii cpc rule 1, 2, 3, 4, 5, 6 plaint order 7. Order viii cpc rule 1, 2, 3, 4, 5 written statement. By the impugned order the learned single judge found no substance in the plea of the appellant that there was noncompliance with the requirements of order viii rule 1 of the code of civil procedure, 1908 in short cpc as amended by the code of civil procedure amendment act, 2002 in short the amendment act.
Code of civil procedure, 1908orderviii hello counsel. Rule 3 court may order defendant or plaintiff to appear in. Order vii of code of civil procedure, 1908, refers to plaint and particulars to be contained in plaint. An analysis of order viii, rule 1 of cpc amit sachdeva1 introduction delay in the disposal of cases has been a cause of serious concern for the judiciary and the legislature alike. Rule 1 order vii of code of civil procedure 1908 particulars to be contained in plaint the plaint shall contain the following particulars.
Roja, 2016 14 scc 275 was relied upon for the proposition that the defendant is entitled to file an application for rejection of plaint under order 7, rule 11 before filing his written statement. A person can be appointed as a guardian under order 32, rule 4 of cpc a on his oral consent b on his consent in writing c either a or b d neither a nor b a next friend or guardian under order 32, rule 7 of cpc a can enter into an agreement without the leave of the court but cannot compromise a suit. If no such list is so annexed or presented, the defendant shall be allowed such further period for the purpose as the court may think fit. Procedure, 1908 h ereinafter referred to as the amended code. Order 8, rule 1 of the code of civil procedure, 1908 i. Civil procedure code 1908 cpc indian laws bare acts. Short title, commencement and extent 1 this act may be cited as the code of civil procedure, 1908. The act has provided a maximum time period of 90 days commencing from the date of conclusion of arguments, for pronouncing the judgment. Held that the said cause shown by the defendant could not be considered to be a good cause as provided under order xiii, rule 2, cpc. Code of civil procedure, 1908 law firm in pakistan. Therefore, rejection of defendants application for producing documents before his evidence. Though the joinder of parties rests upon the discretion of court, order 1 rule 1 or order 1 rule 3, as the case may be, of code of civil procedure, 1908 is to be read together with order 2 rule 3 and order 2 rule 6. Rule 1 order viii of code of civil procedure 1908 written statement 1 the defendant shall, at or before the first hearing or within such time as the court may permit, present a written statement of his defence. The high court decreed the suit vide judgment and decree dated 12.
Besides this, order xiii deals inter alia with the production of documents. Code of civil procedure, 1908 bare acts law library. Amendments in the first schedule of the code of civil procedure 1908. Particulars of setoff to be given in written statement.
Presidency small cause courts save as provided in sections 24, 38 to 41, 75. Order viii rule 1 and 90 days with extension in an. Short title, commencement and extent 1 this act may be cited as the code of civil. Cpc and struckoff his defence owing to repeated delays and non. Order viii rule 5 of the code in this regard reads as under. Rule 1, 2, 3, 4, 5 written statement, set off, counter claim. Delay in the disposal of cases has been a cause of serious concern for the judiciary and the legislature alike. Order 1 rule viii important provisions in the main act. What does the cpc order 7 and rule 1 state kaanoon. Dear sirmadam, i have a sale deed which was done by my father and the legal heirs of the property.
The actual owner of the property before 2004 was the old lady who passed away in 2004. Order 7, rule 11 proceedings are independent of the filing of a written statement. Under section 3 3 a of the sonthal parganas settlement regulation 3 of 1872. Code of civil procedure 1908 complete act citation 51117. Order i rule 1 of code of civil procedure, 1908 states that. No part of the claim in any such suit shall be abandoned under subrule 1. Documentary evidence to be produced at or before the settlement of issues. Legal provisions of order xiii of code of civil procedure, 1908 c. Order vii rule 14 of the civil procedure code cpc deals with the documents of the plaintiff and order viii rule 1 a of the cpc with regard to the documents of the defendant. Defendants must file written statement within 120 days. Code of civil procedure, 1908order viii, rule 1 as. This notification may be cited as the civil procedure code. Legal provisions of order viii of code of civil procedure.