Portuguese Code of Civil Procedure, 1939 .................. 1 - 492

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INTRODUCTORY NOTE The Portuguese Code of Civil Procedure, 1939, covers a wide range of topics which are procedural and more. True to the Civil Codification system it also has the pattern of defining a concept and then expounding the rules regulating it. •The Portuguese Code of Civil Procedure, 1939, initially survived by virtue of Section 5(1) of the Goa, Daman and Diu Administration Act, 1962. Thereafter, the Code of Civil Procedure of 1908 was extended to Goa by the Goa, Daman and Diu (Extension of the Code of Civil Procedure and the Arbitration Act) Act, 1940 (Official Gazette, Series I, No. 9, dated 02/06/1966) of which Section 4 (1) provided: “4 (1). So much, of any law in force in Goa, Daman and Diu as corresponds to the Civil P. C. of 1908 shall stand repealed as from the coming into, force of this Act in Goa, Daman and Diu. Provided that the repeal shall not affect -

1. (a) the previous operation of any law so repealed or anything duly done or suffered thereunder, or
2. (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, or
3. (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if this Act had not been passed. Provided further that, subject to the preceding proviso notifications published, declarations and rules made, places appointed, agreements filed, awards made or filed, scales prescribed, forms framed, appointments made and powers conferred under any law so repealed shall, so far as they are consistent with the said Code or as the case may be, the said Act have the same force and effect as if they had been respectively published, made, appointed, filed, prescribed, framed and conferred under the said Code or the said Act and by the authority empowered thereby in such behalf. v

1. (2) In every law or notification passed or issued before the commencement of this Act in which reference is made to or to any Chapter or Section or provision of any law hereby repealed, such reference shall, so far as may be practicable, be taken to be made to the said Code, or, as the case may be, to the said Act, or its corresponding part, order, section or rule". •Sub-section (1) of Section 1 provided that the Act shall come into force on such date as the Central Government may by notification in the official Gazette appoint. Accordingly, by notification No. S.O. 1597 dated May 24, 1966 published in the Gazette of India, dated June 10, 1966, the Central Government appointed the 15 th June, 1966 as the date on and from which the Civil P. C., 1908 and the Arbitration Act, 1940 came into force in the territory of Goa, Daman and Diu. It is needless to point out that once the Civil P. C., 1908 and the Arbitration Act, 1940 came into force as from 15th June, 1966 all suits and executions were filed under the Civil P. C., 1908 with the result that the Portuguese Code of Civil Procedure, corresponding to the provisions of the Indian Civil P. C. stood repealed. •Some of the matters in which the Portuguese Code of Civil Procedure, 1939 remained in force are the following:- 1.Inventory Proceedings – Articles 1369 – 1447, now incorporated in the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. 2.Children and Spouses – Articles 1452 – 1470 3.Division and Separation by mutual consent – Divorce by mutual consent – Articles 1471 – 1474 4.Consent through Court – Articles 1477 – 1479 5.Council of family and guardianship – Articles 1490 – 1499 6.Verification of pregnancy – Articles1500 – 1501 7.Assets of Absentee – Articles 1502 – 1506 8.Notice of preemption – Articles 1511 – 1518 9.Estate in abeyance – Articles 1519 – 1522