LLB III Def PDF
LLB III Def PDF
LLB III Def PDF
PRELIMINARY
1. Short title, commencement and extent.__(1) This Act may be cited as the Code of Civil
Procedure, 1908.
(2) It shall come into force on the first day of January, 1909.
1[(3) It extends to the whole of Pakistan.]
2. Definitions. In this Act, unless there is anything repugnant in the subject or context,__
(1) "Code" includes rules:
(2) "decree" means the formal expression of an adjudication which, so far as regards the Court
expressing it, conclusively determines the rights of the parties which regard to all or any of the matters
in controversy in the suit and may be either preliminary or final. It shall be deemed to include the
rejection of a plaint 2[,the determination of any question within section 144 and an order under rule 60,
98, 99, 101, or 103 of Order XXI], but shall not include__
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
Explanation.__ A decree is preliminary when further proceedings have to be taken before the suit
can be completely disposed of. It is final when such adjudication completely disposes of the suit. It
may be partly preliminary and partly final:
(3) "decreeholder" means any person in whose favour a decree has been passed or an order
capable of execution has been made:
(4) "district" means the local limits of the jurisdiction of a principal Civil Court of original
jurisdiction (hereinafter called a "District Court"), and includes the local limits of the ordinary original
civil jurisdiction of a High Court:
(5) "foreign Court" means a Court situate beyond the limits of 3[Pakistan] which has no authority
in 3[ Pakistan] and is not established or continued by 4[the 5[Federal Government] 6* * * ] :
1 Subs. by the Central Laws (Statute Refrom) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the Original subsection (3), as amended by A.O.,
1949.
2 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “and the determination of any question within section 47 or section 144”.
3 Subs. by Ord. 21 of 1960, s.3 and 2nd Sch. (with ffect from the 14th October, 1955), for “the Provinces and the Capital of the Federation" which had been subs. by A.O., 1949, for “British
India”.
4 Subs. by A.O., 1937, for “the G.G in C.”.
5 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”.
6 The words “ or the Crown Representative” omitted by A.O., 1949.
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(6) "foreign judgment" means the judgment of a foreign Court:
(7) "Government Pleader" includes any officer appointed by the 1[Provincial Government] to
perform all or any of the functions expressly imposed by this Code on the Government Pleader and
also any pleader acting under the directions of the Government Pleader :
(8) "Judge" means the presiding officer of a Civil Court:
(9) "judgment" means the statement given by the Judge of the grounds of a decree or order:
(10) "judgmentdebtor" means any person against whom a decree has been passed or an order
capable of execution has been made:
(11) "legal representative" means a person who in law represents the estate of a deceased person,
and includes any person who intermeddles with the estate of the deceased and where a party sues or is
sued in a representative character the person on whom the estate devolves on the death of the party so
suing or sued:
(12) "mesne profits" of property means those profits which the person in wrongful possesion of
such property actually received or might with ordinary diligence have received therefrom, together
with interest on such profits but shall not include profits due to improvements made by the person in
wrongful possession:
(13) "moveable property" includes growing crops:
(14) "order" means the formal expression of any decision of a Civil Court which is not a decree:
(15) "pleader" means any person entitled to appear and plead for another in Court, and includes an
advocate, a vakil and an attorney of a High Court:
(16) "prescribed" means prescribed by rules:
(17) "public officer" means a person falling under any of the following descriptions,namely:___
(a) every Judge;
2[(b) Every person in the service of Pakistan;]
1 Subs. by A.O., 1937, for “L.G.”.
2 Subs. by the Federal Laws (Revision and Declration) Ordinance, 1981 (27 of 1981), s.3 and Second Sch., for subclause (b). The words in crotchets [Civil Service of Paksitan] which were
amended by Ordinance 21 of 1960, s. 3 and 2nd sch. and A.O., 1949.
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(c) every commissioned or gazetted officer in the military, 1[naval or air] forces of 2[Pakistan
while in the service of the State] ;
(d) 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 especially
authorised by a Court of Justice to perform any of such duties;
(e) every person who holds any office by virtue of which he is empowered to place or keep any
person in confinement;
(f) every officer of 3[the 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;
(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property
on behalf of 3[the Government], or to make any survey, assessment or contract on behalf
of 3[the Government], or to execute any revenueprocess, or to investigate, or to report on,
any matter affecting the pecuniary interest of 3[the Government], or to make, authenticate
or keep any document relating to the pecuniary interests of 3[the Government] or to
prevent the infraction of any law for the protection of the pecuniary interests of 3[the
Government]; and
(h) every officer in the service or pay of 3[the Government], or remunerated by fees or
commission for the performance of any public duty:
(18) "rules" means rules and forms contained in the First Schedule or made under section 122 or
section 125 :
(19) "share in a corporation" shall be deemed to include stock, debenture stock, debentures or
bonds : and
(20) "signed", save in the case of a judgment or decree, includes stamped.
3. Subordination of Courts. For the purposes of this Code, the District Court is subordinate to the
High Court, and every Civil Court of' a grade inferior to that of a District Court and every Court of
Small Causes is subordinate to the High Court and District Court.
4. Savings.__ (1) In the absence of any specific provision to the contrary, nothing in this Code shall
be deemed to limit or otherwise affect any special or local law now in force or any special
1 Subs. by the Amending Act, 1934 (35 of 1934), s.2 and Sch., for “or naval”.
2 The words “His Majesty while serving under the Crown” as amended, by Act, 35 of 1934, s.2 and Sch. and A.O., 1937, have been subs. by A.O., 1961, Art, 2 and Sch. (with effect from
the 23rd March, 1956.)
3 Subs. by A.O., 1961, Art. 2 and Sch., (with effect from the 23rd March, 1956), for "the Crown" which had been subs., by A.O., 1937, for "the Govt.".
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jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law
for the time being in force.
(2) In particular and without prejudice to the generality of the proposition contained in subsection
(1), nothing in this Code shall be deemed to limit or otherwise affect any remedy which a landholder
or landlord may have under any law for the time being in force for the recovery of rent of agricultural
land from the produce of such land.
5. Application of the Code to the Revenue Courts.__ (1) Where any Revenue Courts are
governed by the provisions of this Code in those matters of procedure upon which any special
enactment applicable to them is silent, the 1[Provincial Government] 2* * * may, by notification in
the 3[official Gazette], declare that any portions of those provisions which are not expressly made
applicable by this Code shall not apply to those Courts, or shall only apply to them with such
modifications as the 1[Provincial Government] 4* * * may prescribe.
(2) "Revenue Court" in subsection (1) means a Court having jurisdiction under any local law to
entertain suits or other proceedings relating to the rent, revenue or profits of land used for agricultural
purposes, but does not include a Civil Court having original jurisdiction under this Code to try such
suits or proceedings as being suits or proceeding of a civil nature.
6. Pecuniary Jurisdiction. Save in so far as is otherwise expressly provided, nothing herein
contained shall operate to give any Court jurisdiction over suits the amount or value of the subject
matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.
7. Provincial Small Cause Courts. The following provisions shall not extend to Courts constituted
under the Provincial Small Cause Courts Act, 1887 (IX of 1887),5* * * or to Courts exercising the
jurisdiction of a Court of Small Causes 6[under the said Act], that is to say,__
(a) so much of the body of the Code as relates to__
(i) suits excepted from the cognizance of a Court of Small Causes;
(ii) the execution of decrees in such suits;
1 Subs. by A.O., 1937, for “L.G.”.
2 The words “with the previous sanction of the G.G. in C.” omitted by the Devolution Act, 1920 (38 of 1920), s.2 and 1st Sch., Pt. I.
3 Subs. by A.O., 1937, for “local official Gazette”.
4 The words “with the sanction aforesaid” omitted by Act 38 of 1920, s.2 and 1st Sch., Pt. I.
5 The words and figures “or under the Berar Small Cause Courts Law 1905” which were ins. by the Berar Laws Act, 1941 (4 of 1941), s.2 and 2nd Sch., have been omitted by A.O., 1949.
6 The original words “under that Act” were first subs. by Act 4 of 1941, s.2 and 2nd Sch., and then amended by A.O., 1949, to read as above.
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(iii) the execution of decrees against immoveable property; and
(b) the following sections, that is to say,__
section 9,
sections 91 and 92,
sections 94 and 95 1[so far as they authorise or relate to__
(i) orders for the attachment of immoveable property,
(ii) injunctions,
(iii) the appointment of a receiver of immoveable property, or
(iv) the interlocutory orders referred to in clause (e) of section 94] and
sections 96 to 112 and 115.
8. [Presidency Small Cause Courts.] Omitted by the A.O., 1949.
__________
PART I
SUITS IN GENERAL
JURISDICTION OF THE COURTS AND Res Judicata
9. Courts to try all civil suits unless barred. The Courts shall (subject to the provisions herein
contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is
either expressly or impliedly barred.
Explanation.__ A suit in which the right to property or to an office is contested is a suit of a civil
nature, notwithstanding that such right may depend entirely on the decision of questions as to religious
rites or ceremonies.
10. Stay of suit. No Court shall proceed with the trial of any suit in which the matter in issue is also
directly and substantially in issue in a previously instituted suit between the same parties, or between
parties under whom they or any of them claim litigating under the same title where such suit is pending
in the same or any other Court in 2[Pakistan] having jurisdiction to grant the relief
1 Subs. by the Small Cause Courts (Attachment of Immoveable Property) Act, 1926 (1 of 1926), s.3, for “so far as they relate to injuctions and interlocutory orders”.
2 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation”
which had been subs. by A.O., 1949, for “British India”.
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claimed, or in any Court beyond the limits of 1[Pakistan] established or continued by 2[the
3[Federal Government] 4* * *] and having like jurisdiction, or before 5[the Supreme Court].
Explanation.__ The pendency of a suit in a foreign Court does not preclude the Courts in
1[Pakistan] from trying a suit founded on the same cause of action.
11. Res Judicata. No Court shall try suit or issue in which the matter directly and substantially in
issue has been directly and substantially in issue in a former suit between the same parties, or between
parties under whom they or any of them claim, litigating under the same title, in a Court competent to
try such subsequent suit or the suit in which such issue has been subsequently raised, and has been
heard and finally decided by such Court.
Explanation I.__ The expression "former suit" shall denote a suit which has been decided prior to
the suit in question whether or not it was instituted prior thereto.
Explanation II.__ For the purposes of this section, the competence of a Court shall be determined
irrespective of any provisions as to a right of appeal from the decision of such Court.
Explanation III.__The matter above referred to must in the former suit have been alleged by one
party and either denied or admitted, expressly or impliedly, by the other.
Explanation IV.__ Any matter which might and ought to have been made ground of defence or
attack in such former suit shall be deemed to have been a matter directly and substantially in issue in
such suit.
Explanation V.__ Any relief claimed in the plaint, which is not expressly granted by the decree,
shall, for the purposes of this section, be deemed to have been refused.
Explanation VI.__ Where persons litigate bona fide in respect of a public right or of a private right
claimed in common for themselves and others, all persons interested in such right shall, for the
purposes of this section, be deemed to claim under the persons so litigating.
6[12. Bar to further suit. (1)] Where a plaintiff is precluded by rules from instituting a further suit
in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such
cause of action in any Court to which this Code applies.
1 Subs. by the Central laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for "the Provinces and the Capital of the Federation"
which had been subs. by A.O., 1949, for "British India".
2 Subs. by A.O., 1937, for “the G.G in C.”.
3 Subs. by F.A.O., 1975. Art.2 and Table, for “Central Government”
4 The words “or the Crown Representative” omitted by A.O., 1949.
5 Subs. by A.O., 1961, Art. 2 and Sch. (With effect from the 23rd March 1956), for “His Majesty in Council”.
6 S.12 was renumberd as subsection (1) of that section by the Code of Civil Procedure (Amdt.) Ordinance, 1980 (10 of 1980), s.2
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