CODE OF CIVIL PROCEDURE, 1908

20 MARKS
Definitions:
Section 2:
a. Code: Include rules.
b. Decree:
1. It is a formal expression.
2. Decree Conclusively determines the rights of the parties.
3. It may be either preliminary Decree or Final.
4. Include rejection of plaint, the determination of any question under
section 144 and an order under rule 60, 98, 99, 101 or 103 of Order
XXI.
5. Shall not include:
a. Any adjudication from which an appeal lies as an appeal from
an Order.
b. Any Order of dismissal of default.
6. When further proceedings have to be taken, it is preliminary decree.
7. When suit is completely disposed of, it is final decree.
SECTION 3:
1. District Court is sub-ordinate to High Court.
2. Every Court of small causes is sub-Ordinate to High Court and
District Court.
SECTION 9:
1. Civil Courts have Jurisdiction to try all Civil Suit unless barred,
expressly or impliedly.
2. A suit in which the right to property or to an office is contested is a
suit of civil nature.
 Section 10: stay of suit:
1. Also known as Res-sub Judice.
2. Means “Under Judgment”
3. Res- Sub Judice means Suit instituted later.
4. Under Section 10, a fresh suit can be instituted
5. Pendency of Suit is under Section 10
6. If the Suit is pending before the Court in Foreign, then Res-sub
judice can not be applied.
Section 11:
1. Res- Judicata.
2. Explanation 4, is Constructive res- judicata.
3. Heard and finally decided.
4. Fresh suit cannot be instituted.
Section 12:
1. Where a person challenges the validity of a judgment, decree or order
on the pica of fraud, misrepresentation or want of jurisdiction, he
shall seek his remedy by making an application to the Court which
passed the final judgment, decree or order and not by a separate suit.
2. An Application under Section 12 (2) shall be made to the Court which
pass the final judgement, order, decree
3. An Application under section 12 (2) can be made on grounds of Fraud,
misrepresentation, or want of jurisdiction.
PLACE OF SUING:
Section 15: place of Suing
1. Every Suit shall be instituted in the Court of the lowest grade
competent to try it.
Section 16: suits to be instituted where subject matter situate:
 1. in case of recovery of immovable property, partition of immovable
property, foreclosure, sale or redemption etc.,
2. Suit to be instituted where subject matter situate.
3. Suit related to property movable or immovable.
Section 17: immovable property situates within the local limits of different
courts.
1. If immovable property is under jurisdiction of different courts, Suit
can be filed in any of the Court.
2. Where the immovable property is situated within jurisdiction of
different courts, then suit may be instituted in any Court having
portion of property.
Section 18: where jurisdiction is uncertain
1. Provides procedure of institution of suit where jurisdiction is
uncertain.
2. In order to entertain and dispose of any suit having uncertain
jurisdiction Recording of statement to effect by trial court is required
under section 18.
3. If statement has not been recorded and objection is taken before
appellate court, the appellate court shall not allow the objection.
Section 19: Suit for compensation for wrongs to person or movables.
1. Suit for compensations for wrongs to person or movable property, if
cause of action arise at jurisdiction of one court and defendant
resides at the jurisdiction of another court, then the suit may be
instituted at the option of Plaintiff in either of the said courts.
Illustration:
A, residing at Karachi published in Quetta statements defamatory of
B. B may sue A either in Quetta or Karachi.
Section 20: Other Suits to be instituted where Defendants resides or
Cause of Action arises:
Section 47: Question to be determined by court executing decree.
1. All the questions regarding the execution, discharge or satisfaction of
decree shall be replied/settled/determined by Executing Court.
2. not by a separate suit/ bar to fresh suit.
3. the court may convert any execution proceedings into a suit and a
suit into an execution proceeding.
4. may ask for additional court fee.
Section 75: Power of Court to issue commission:
1. the court may issue commission for
1. Examination of person
2. Make a local investigation
3. To examine or adjust accounts or
4. To make partition
2. the court cannot issue local commission for:
a. Examination of person
b. Partition of land
c. Adjustment and examination of accounts
d. Criminal investigation
section 96: appeal from original decree:
1. Also known as first appeal.
2. Every decree is appealable
3. Appeal may be filed against:
a) Decree
b) Consent decree
c) All decree
d) All orders
 4. every original decree is appealable, but not every appellate decree is
not appealable.
5. Appeal may be file against ex-parte decree.
6. Appeal cannot be filed againstConsent/ compromise decree.
Which statement is correct:
1. An appeal may lie against any decree including consent decree
2. An appeal may lie against any decree excluding consent decree.
3. Both are incorrect
4. None of the above.
Section 104: Appeal against orders:
1. Every order is not appealable, only those mentioned in section 104 is
appealable.
2. Order under section 47, 35-A, 95 is appealable.
3. Fine/Penalty/ arrest order is appealable.
4. Orders under order 43.
5. Only one appeal against order.
115: REVISION.
1. Where no appeal lies, there is a remedy of revision.
2. When the lower court:
a. Exercise jurisdiction that is not vested.
b. Fail to exercise jurisdiction.
c. Exercise jurisdiction illegally or with martial irregularity.
3. Revision is done by High Court or District Court.
4. Can be done on suo moto action or upon the application of aggrieved
party.
5. On suo moto action, there is no time limit.
 6. On application of party, time limit is 90 days.
7. Documents to be filed with revision application.
a. Pleadings.
b. Documents.
c. Order of sub-ordinate court.
8. Copy of decision to be made within 3 days.
9. High Court to decide revision application within 6 months.
10. Only one time revision.
151: Inherent power of Court.
1. To meet ends of justice.
2. Prevent abuse of process of court.
ORDER I: PARTIES TO SUIT:
Rule 1: Who may be joined as Plaintiff:
1. All persons whose interest is involved can be plaintiff.
2. Where the rights to relief in respect of any transaction or series of act
or transactions is alleged to exit whether jointly, severally, or in the
alternative.
3. About any question of law or fact.
Rule 2: Power of Court to order separate trials.
1. When any joinder of Plaintiff may embarrass or delay the trial of the
suit, the court may order separate trials.
Rule 3: Who may joined as Defendants:
1. All person against who any rights arising out the same transaction or
act.
2. Whether jointly, severally or alternatively.
3. About any question of law or fact.
Rule 4: Court may give judgments for or against one or more of joint
parties.
1. Judgment may be given without any amendments.
Rule 5: Defendant need not to be interested in all the relief claimed.
1. It shall not be necessary that every defendant shall be interested as
to all the relief claimed in any against him.
Rule 6: joined of parties liable on same contract:
1. The plaintiff may join as same suit or any of the person severally on
any one contract.
2. Include exchange, hundis and promissory notes.
Rule 7: when plaintiff in doubt from whom redress is to be sought:
When plaintiff is in doubt, he may join two or more defendants.
Rule 8: One person may sue or defend on behalf of all in same interest.
Rule 9: mis- joinder or non-joinder:
No suit shall be defeated by reason of the misjoinder or non-joinder of
parties.
Rule 10: Suit in the name of wrong Plaintiff:
1. The court may substitute, add or strike out parties under rule 10.
2. The court may at any stage, either by own self or upon application of
parties, struck out party.
3. Where a suit has been instituted in the name of wrong person as
plaintiff through a bonafide mistake, so application for mis-joinder
will be made before competent court.
4. Purpose of mis-joinder is to strike out unnecessary party.
5. Where necessary party is missed as a party in suit, the application for
non-joinder of party is made before court.
6. Application of 1/10 for adding or striking out party.
Rule 12: Appearance of one several plaintiff or defendants for others.
 1. Authority may be given to one plaintiff or defendant to appear, plead
or act.
2. The authority shall be in writing signed by the party giving it and shall
be filed in court.
Rule 13: objections as to non-joinder or mis-joinder.
Objections on the ground of non-joinder or mis-joinder shall be taken at
the earliest stage.
Order VI: Pleadings Generally
1. Rule 1.
Pleadings shall means Plaint and written statement.
2. Rule 2
a. Pleading shall contain only material facts not evidence
b. Pleadings when necessary be divided into paragraph, numbered,
consecutively dates, sums and numbers shall be expressed in
figures.
Rule 5.
a. For further and better statement.
b. Application under order VI rule 5.
c. Where any suit is not stating particular facts clearly then better
statement is required by party.
d. Application for better statement is commonly known as 6/5.
Rule 7:
a. Departure.
b. No pleadings shall, except by way of amendments, raise any
new ground or claim.
Rule 8.
a. Denial of contract.
 b. Where any party denies the contract, the denial shall be
construed only as a denial of the express contract or matter of
fact and not a denial of the legality or sufficiency of the
contract.
Rule 9
a. Shall state only the main part of the contract and not the whole
contract.
Rule 10.
a. When the allege is of malice, fraudulent intentions, knowledge
or other conditions of mind, it shall be state as a fact only and
not the whole circumstances.
Rule 11.
a. Notice to be allege as a fact only.
Rule 12.
a. Where any contract or any relation between the parties are
implied from a series of letters or conversations, it shall be
sufficient to allege that as a fact without setting the details.
Rule 14.
Pleadings to be signed by party and his pleader or by person authorized by
party.
Rule 15.
a. Verification of pleadings.
b. On oath.
Rule 16.
a. Striking out pleadings.
b. The court at any stage may order to struck out or amend any
matter which is unnecessary or scandalous.
c. Application of 6/16. (Amendments in other party’s pleadings)
Rule 17:
a. Amendments of pleadings.
b. The court at any stage of the proceedings allow either party
to alter or amend his pleadings.
c. Amendments shall be made to determining the real
questions in controversy between the parties.
d. Application of 6/17 ( Application for Amendments of
pleadings)
Rule 18.
a. Time limit for Amendments is as the court grants time or if no
time is granted then within 14 days.
b. If the party fails to amend pleadings within time, then he shall
not be permitted to amend after expiration of time unless the
time is extended by Court.
ORDER VII: PLAINT
Rule 1. Particulars of Plaint.
a. Court name
b. Plaintiff description
c. Defendant description
d. Minor plaintiff or defendant
e. Cause of action
f. Jurisdiction of court
g. Relief of plaintiff
h. Amount of set off
i. Value of subject matter of suit.
Rule 2: Money Suits.
In recovery of money, the plaint shall state the precise amount claimed.
Where there is a suit for mesne profit or amount due to him on taking
unsettled amount, the Plaint shall state approximately amount sued for.
Rule 3: immovable property.
1. In a suit for immovable property, the Plaint shall
contain sufficient description to identify it.
2. Where the property is identified by boundaries or
numbers in a record of survey, the plaint shall specify
such boundary or
number.
Rule 10: Return of plaint.
a. If the suit is instituted in a wrong court then it shall be liable to
be return.
b. At any stage of the suit.
c. The judge shall endorse or record reasons, name of parties,
date of presentation and return.
d. Return of Plaint is not a bar on fresh suit.
Rule 11: Rejection of Plaint.
On 4 grounds.
1. Where it does not disclose cause of action
2. Where relief claim is undervalued
3. Where plaint is not properly stamped
4. Where suit is barred by any law.
Plaint can be rejected on self action of court or by application of party
ORDER VIII: WRITTEN STATEMENT.
Rule 1. Written statement.
Period for filing written statement s 30 days.
Rule 6
Set off
Set off can be claimed through written statement.
2 kinds of set off
1. Legal set off
2. Equitable set off
Rule 10.
Where the Defendant fails to present a written statement within a time
fixed by Court, the court may pronounce judgment against him.
ORDER IX: APPEARANCE AND CONSEQUENCES OF NON APPEARANCE.
Rule 1:
The parties shall appear on the day fixed in summons.
Rule 2.
When the summons has not been served on the defendant due to failure of
plaintiff to pay charges, the Court may dismiss the suit.
Rule 3.
When neither party appears, the court may dismiss the suit.
Rule 4.
Procedure for setting aside dismissal order.
When Suit is dismissed under rule 2 or 3, the Plaintiff may bring fresh suit
or may apply for setting aside dismissal.
Also known as Application for restoration of suit.
Rule 6.
Where only plaintiff appears,
1. If summons are served, the court may pronounce ex partee
decree.
2. If summons are not served, the Court shall direct a second
summon.
 3. If summons are served but not in sufficient time, the court
may postpone the hearing.
Rule 8:
Where only defendant appears, the Court shall dismiss the suit of the
Plaintiff.
Rule 9:
Where suit is dismissed under rule 8, the plaintiff shall be precluded to
bring a fresh suit.
But he may apply to set aside the dismissal aside.
Rule 13.
Application for setting aside ex parte decree.
Rule14.
No decree shall be set aside without serving notice on the opposite party.
ORDER XXXIX (39): TEMPORARY INJUNCTIONS AND INTERLOCUTORY
ORDERS.
Rule 1.
1. Cases in which temporary injunction is granted.
a. The property is in danger of being wasted, damaged or
alienated or wrongfully sold.
b. The defendant threatened or intend to remove or dispose of
property with a view to defraud his creditors.
Rule 2.
2A. Defined Ad-Interim injunction
Ad- interim injunction is granted for a period of 15 days only and in absence
of defendant.
2b: interim injunction
In presence of defendant and for a period not exceeding 6 months.
In order of disobedience , the court may order the disobedient party to be in
a civil prison not exceeding 6 months.
Rule 3.
Before granting injunction, the court shall direct notice to the opposite party.
Rule 4.
Procedure for setting aside injunction order.
The court may discharge, varied or set aside the injunction on application
of aggrieved party.
ORDER XLI (41)
APPEALS FROM ORIGINAL DECREE.
1. Appeals shall be made in form of memorandum signed by
appellant or his pleader.
2. The memorandum shall be accompanied by copy of decree.
3. Amendments of memorandum is provided under rule 3.
4. An appeal shall not operate as stay of execution of decree.
5. An appeal must compromise of grounds and objections .
6. An appeal may be dismissed when appellant does not appear
or when the court is not satisfied with its maintainability.
7. An appellate court is empowered to modify, confirm or set
aside the decree
8. Appellate court shall pass decree and judgement while
disposing off the appeal.
ORDER XLIII (43) APPEALS FROM ORDERS.
List of orders which are appealable is provided under rule 1.
An order under rule 10 of order Vii for returning of plaint is appealable.
Order for allowing temporary injunction is appealable.
Before appeal against order during the pendency of suit, the appellant shall
serve notice to the opposite party or his pleader.