The Jammu and Kashmir Code of Civil Procedure Act, 1920

a civil

nature excepting suits of which their cognizance

is either expressly or impliedly barred,. Eqdanations I.-A suit in which the right to property or to an offtce 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. 2[E.rplanation 11.-For the purposes of this section it is immaterial whether or not any fees are attached to the office referred to in Explanation 1 or whether or not such ofhe is attached to a particular place.]

Stay of suit,-No Court shall proceed with the trial of any suit in which the qtter in issue is also directly and substantially in issue in a previously insr .ed suit between the same parties or between parties under whom they or , . of them claim litigating under the same title where such suit is pending , in tkb *me or any other Court in the State having jurisdiction to grant the relief daimed.

Explanation.-The pendency of a suit in a 'foreign Court does not preclude the Courts in the State from trying a suit founded on the same cause of action. i

Res judicata.-No Court shall try any suit o 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 inwhich such issue has been subsequently

,; prix thereto.

appeal

from the decision of such Court.

Eaplanation 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 N.-Any matter which might and ought to have been made ground of defence or attack

to have been refused.

the purposes of this sction, be deemed to claim under the persons litigating.

EhpZunation W1.-Where a party to a civil suit, sets up or relies on

a pedigree, or on the legitimacy or the genuineness or validity of the adoption ol any person, including himself and the question of such

to c~zim under him. Explanation

VZII.-Where a party to a suit claims certain immovable

property to be his and the Court decides that it is not his, such decision shall be binding on him and those claiming under him, in any future litigation in which he or they claim, as plaintiff or applicant, or plantiffs or applicants, the property

as against a person or persons

in possession or occupation of it. '[Explanation ZX.-The provisions of this section shall apply to a proceeding for the execution of a decree and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a proceeding for the

execution of the decree, question arising in such proceeding and a former

proceeding for the execution of that decree.

jrrdicata in

been subsequently raised.]

Bar to further suit.-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.

men foreign judgment not conclusive.-A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-

1. (a) where it has not been pronounced by a court of competent jurisdiction ;
2. (b) where it has not been given on the merits of the case ;
3. (c) where it appears on the face of the proceedings to be founded on an incorrect view of internationallaw or a refusal to recognise the law of the State in cases in which such law is applicable ;
4. (d) where the proceedings in which the judgment was obtained are opposed to natural justice ;
5. (e) where it has been obtained by fraud ;
6. (f) where it sustains a claim founded on a breach of any law in force in the State.

Resumption as to foreign judgments.-The Court shall presume,

upon the production of any document purporting to

; but such presumption may be displaced by provhg want of jurisdiction.

Court in which suits to be instituted.-Every suit shd be instituted in

the Court of the lowest grade competent to try it.

Suits to be instituted where subject-matter situate.Subject to the pecuniary or other limitations prescribed by any law, suits-

1. (a) for the recovery of immovable prop ty with or without rent or profits, a I
2. (b) for the partition of immovable property,
3. (e) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
4. (d) for the determination of any othe~ right to or interest in immovable ' property, I
5. (e) for compensation for wrong to immovable property,
6. (f) for the recovery of movable property actually under distraint or attachment,

shall be instituted in the Court within the local limits of whose jurisdiction the

property is situate :

Provided that a suit to obtain relief respetting, or compensation for

wrong to, immovable property held by or on behalf of the defendant may, where the

relief so@t can be entirely obtained through his personal

obedience, be instituted either in the Court within the local limits of whose

on business, or personally works for gain.

Suits for immovable property situate within jurisdiction of different Courts.-Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate :

Place of institution of suit where local limits of jurisdiction of Courts are uncertain Place of institution of suit where local limits of jurisdiction of Courts are uncertain.-(1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction : Provided that the suit is one with respect to which the Court is competent as regards the nature and value of the suit to exercise jurisdiction.

1. (2) Where a statement has not been recorded under sub-section (1), and an objection is taken before an appellate or revisional Court that a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situate, the appellate or revisional Court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for uncertainty as to the Court having jurisdiction with respect thereto and there has been a consequent failure of justice.

Suit for compensation for wrongs to person or movables.-Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts. Illustrations.

1. (a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.
2. (b) A, residing in Delhi, published in Calcutta statements defamatory of B.

Other suits to be instituted where defendants reside or cause of action arises Other suits to be instituted where defendants reside or cause of action arises.-Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction-

1. (a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain ; or
2. (b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
3. (c) the cause of action, wholly or in part, arises. Explanation.-A corporation shall be deemed to carry on business at its sole or principal office in the State or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place. Illustrations.
4. (a) A is a tradesman in Calcutta, B carries on business in Delhi. B, by his agent in Calcutta, buys goods of A and requests A to deliver them to the East Indian Railway Company. A delivers the goods accordingly in Calcutta. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen or in Delhi, where B carries on business.
5. (b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benares, B and C make a joint promissory note payable on demand, and deliver it to A. A may sue B and C at Benares, where the cause of action arose. He may also sue them at Calcutta, where B resides, or at Delhi, where C resides; but in each of these cases, if the non-resident defendant objects, the suit cannot proceed without the leave of the Court.

Objections to jurisdiction.-(1) No objection as to the place of suing shall be allowed by any appellate or revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice.

1. (2) No objection as to the competence of a Court with reference to the pecuniary limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity, and, in all cases where issues are settled, at or before such settlement, and unless there has been a consequent failure of justice.
2. (3) No objection as to the competence of the executing Court with reference to the local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the executing Court at the earliest possible opportunity, and unless there has been a consequent failure of justice.

A. Bar on suit to set aside decree on objection as to place of suing.-No suit shall lie challenging the validity of a decree passed in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, on any ground based on an objection as to the place of suing. Explanation.-The expression "former suit" means a suit which has been decided prior to the decision in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was instituted prior to the suit in which the validity of such decree is questioned.

Power to transfer suits which may be instituted in more than one Court.-Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.

To what Court application lies.-(1) Where the several Courts having jurisdiction are subordinate to the same appellate Court, an application under section 22 shall be made to the appellate Court.

1. (2) Where such Courts are subordinate to different appellate Courts, the application shall be made to the High Court.

General power of transfer and withdrawal.-(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-

1. (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or
2. (b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and
   • (i) try or dispose of the same; or
   • (ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same ; or
   • (iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.

1. (2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
2. (3) For the purposes of this section,-
   • (a) Court of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
   • (b) "proceeding" includes a Proceeding for the execution of a decree or order.
3. (4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
4. (5) A suit or proceeding may be transferred under this section from a court which has no jurisdiction to try it. 25.

Institution of suit Institution of suit.-Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

Summons to defendant.-Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed.

Service of summons where defendant resides in another State in India.-Summons or other process issued by a Civil or Revenue Court in the Jammu and Kashmir State may be sent for service in another State in India to such Court and in such manner as may be prescribed by rules in force in that State.

Service of summons of a Court in India in the Jammu and Kashmir State.-If a summons or other process is received for service by a Court in the Jammu and Kashmir State from a Court situate in a State in India, such Court shall upon receipt thereof, proceed as if it has been issued by such Court and shall then return the summons or other process to the Court of issue together with the record (if any) of its proceedings with regard thereto.

Power to order discovery and the like.-Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party,-

1. (a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;
2. (b) issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;
3. (c) order any fact to be proved by affidavit.

Summons to witness.-The provisions in section 27 shall apply to summonses to give evidence or to produce documents or other material objects.

Penalty for default.-The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may-

1. (a) issue a warrant for his arrest;
2. (b) attach and sell his property;
3. (c) impose a fine upon him not exceeding five hundred rupees;
4. (d) order him to furnish security for his appearance and in default commit him to the civil prison.

Judgment and decree.-The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow.

Interest.-(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest at such rate as the Court deems reasonable on the aggregate sum so adjudged, from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit : Provided that where the liability in relation to the sum so adjudged had arisen out of a commercial transaction, the rate of such further interest may exceed six per cent, per annum, but shall not exceed the contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions. Explanation I.-In this sub-section, "nationalised bank" means a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. Explanation II.-For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.

1. (2) Where such a decree is silent with respect to the payment of further interest on such aggregate sum as aforesaid from the date of the decree to the date of payment or other earlier date, the Court shall be deemed to have refused such interest, and a separate suit therefor shall not lie.

Costs.-(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and, incident to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers.

1. (2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in writing.
2. (3) The Court may give interest on costs at any rate not exceeding six per cent per annum, and such interest shall be added to the costs and shall be recoverable as such.

A. Compensatory costs in respect of false or vexatious claims or defences.-(1) If in any suit or other proceeding, not being an appeal, or revision any party objects to the claim or defence on the ground that the claim or defence or any part of it is, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if thereafter as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the Court, if the objection has been taken at the earliest opportunity and if it is satisfied of the justice thereof may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment to the objector, by the party by whom such claim or defence has been put forward, of costs by way of compensation.

1. (2) No court shall make any such order for the payment of an amount exceeding three thousand rupees or exceeding the limits of its pecuniary jurisdiction, whichever amount is less : Provided that where the pecuniary limits of the jurisdiction of any Court exercising the jurisdiction of a Court of Small Causes under the Small Cause Courts Act, and not being a Court constituted under that Act are less than two hundred and fifty rupees, the High Court may empower such court to award as costs under this section any amount not exceeding two hundred and fifty rupees and not exceeding those limits by more than one hundred rupees : Provided further that the High Court may limit the amount which any Court or class of Courts is empowered to award as costs under this section.
2. (3) No person against whom any order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of any claim or defence made by him.

B. Costs for causing delay.-(1) If, after the institution of the suit, any party to the suit obtains an adjournment of hearing of the suit or examination of witnesses brought under his control or to perform any other act necessary to the further progress of the suit, the Court may, for reasons to be recorded, award costs not exceeding one hundred rupees to the other party to the suit: Provided that where the defendant was responsible for the adjournment, the costs shall be a condition precedent to the further prosecution of the defence by such defendants or groups of defendants as have been ordered by the Court to pay such costs. Explanation.-Where separate defences have been raised by the defendants or groups of defendants, payment of such costs shall be a condition precedent to the further prosecution of the defence by such defendants or groups of defendants as have been ordered by the Court to pay such costs.

1. (2) The costs, ordered to be paid under sub-section (1), shall not, if paid be included in the costs awarded in the decree passed in the suit ; but if such costs are not paid, a separate order shall be drawn up indicating the amount of such costs and names and addresses of the persons by whom such costs are payable and the order so drawn up shall be executable.

Application to orders.-The provisions of this Code relating to the execution of decrees (including provision relating to payment under a decree) shall, so far as they are applicable, be deemed to apply to the execution of orders (including payment under an order).

Definition of Court which passed a decree.-The expression "Court which passed a decree," or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, be deemed to include,-

1. (a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the Court of first instance,
2. (b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the Court which, if the suit wherein the decree was passed were instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit.

Court by which decree may be executed.-A decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution.

Transfer of decree.-(1) The Court which passed a decree may, on the application of the decree-holder, send it for execution to another Court of competent jurisdiction.-

1. (a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or
2. (b) if such person has not property within the local limits of the jurisdiction of the Court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court, or
3. (c) if the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the Court which passed it, or
4. (d) if the Court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court.

1. (2) The Court which passed a decree may of its own motion send it for execution to any subordinate Court of competent jurisdiction.
2. (3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the suit in which such decree was passed. 40.

Result of execution proceedings to be certified Result of execution proceedings to be certified.-The Court to which a decree is sent for execution shall certify to the Court which passed it the fact of such execution or where the former Court fails to execute the same the circumstances attending such failure.

Powers of Court in executing transferred decree.-(1) The Court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. All persons disobeying or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed the decree. And its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself.

1. (2) Without prejudice to the generality of the provisions of sub-section (1), the powers of the Court under that sub-section shall include the following powers of the Court which passed the decree, namely :-
   • (a) power to send the decree for execution to another Court under section 39 ;
   • (b) power to execute the decree against the legal representative of the deceased judgment-debtor under section 50 ;
   • (c) power to order attachment of a decree.
2. (3) A court passing an order in exercise of the powers specified in sub-section (2) shall send a copy thereof to the Court which passed the decree.
3. (4) Nothing in this section shall be deemed to confer on the Court to which a decree is sent for execution any of the following powers, namely :-
   • (a) power to order execution at the instance of the transferee of the decree ;
   • (b) in the case of a decree passed against a firm, power to grant leave to execute such decree against any person, other than such a person as is referred to in clause (b), or clause (c), of sub-rule (1) of rule 50 of Order XXI. Omitted

⁴³ Omitted

Execution of decrees passed by Courts in other States in India.-The Government may, by notification in the Government Gazette, declare that decrees of any Civil or Revenue Court situate in India beyond the limits of the Jammu and Kashmir State or of any Court established or continued by the authority of the Central Government of India outside India or any class of such decrees may be executed in the State as if they had been passed by Courts of the State.

⁴⁵ Omitted

Omitted

Precepts.-(1) Upon the application of the decree-holder the Court which passed the decree may, whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment-debtor and specified in the precept.

1. (2) The Court to which a precept is sent shall proceed to attach the property in the manner prescribed in regard to the attachment of property in execution of a decree: Provided that no attachment under a precept shall continue for more than two months unless the period of attachment is extended by an order of the Court which passed the decree or unless before the determination of such attachment the decree has been transferred to the Court by which the attachment has been made and the decree-holder has applied for an order for the sale of such property.

Questions to be determined by the Court executing decree.-(1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing decree and not by a separate suit.

1. (2) Omitted.
2. (3) Where a question arises as to whether any person is or is not the representative of a party, such question shall, for the purposes of this section, be determined by the Court. Explanation I.-For the purposes of this section, a plaintiff whose suit has been dismissed and a defendant against whom a suit has been dismissed are parties to the suit. Explanation II.-(a) For the purposes of this section, a purchaser of property at a sale in execution of a decree shall be deemed to be a party to the suit in which the decree is passed ; and
   • (b) all questions relating to the delivery of possession of such property to such purchaser or his representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree within the meaning of this section.

Execution barred in certain cases.-(1) Where an application to execute a decree not being a decree granting an injunction has been made, no order for the execution of the same decree shall be made upon any fresh application presented after the expiration of twelve years from-

1. (a) the date of the decree sought to be executed, or
2. (b) where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the decree.

1. (2) Nothing in this section shall be deemed-
   • (a) to preclude the Court from ordering the execution of a decree upon an application presented after the expiration of the said term of twelve years, where the judgment-debtor has, by fraud or force, prevented the execution of the decree at some time within twelve years immediately before the date of the application;
   • (b) Omitted. Exception.-In application for execution of a decree against an evacuee, whether passed singly against him or jointly with a person other than an evacuee, the period from 6th Poh 2005 to 21st Bhadun, 2006 and the time during which the Jammu and Kashmir Evacuees' (Administration of Property) Act, Svt. 2006 remains in force shall be excluded from the period of twelve years prescribed in this section.

Transferee.-Every transferee of a decree shall hold the same subject to the equities (if any) which the judgment-debtor might have enforced against the original decree-holder.

Legal representative.-(1) Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal representatives of the deceased.

1. (2) Where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of ascertaining such liability, the Court executing the decree may, of its own motion or on the application of the decree-holder, compel such legal representative to produce such accounts as it thinks fit.

Powers of Court to enforce execution.-Subject to such conditions and limitations as may be prescribed, the Court may, on the application of the decree-holder, order execution of the decree-

1. (a) by delivery of any property specifically decreed;
2. (b) by attachment and sale or by sale without attachment of any property;
3. (c) by arrest and detention in prison for such period not exceeding the period specified in section 58, where arrest and detention is permissible under that section;
4. (d) by appointing a receiver; or
5. (e) in such other manner as the nature of the relief granted may require: Provided that where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be committed to prison, the Court, for reasons recorded in writing, is satisfied-
6. (a) that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the decree,-
   • (i) is likely to abscond or leave the local limits of the jurisdiction of the Court, or
   • (ii) has, after the institution of the suit or within one year prior to such institution in which the decree was passed, dishonestly transferred, concealed, or removed any part of his property, or committed any other act of bad faith in relation to his property; or
7. (b) that the judgment-debtor has or has had since the date of the decree the means to pay the amount of the decree or some substantial part thereof and refuses or neglects or has refused or neglected to pay the same; or
8. (c) that the decree is for a sum for which the judgement-debtor was bound in a fiduciary capacity to account. Explanation.-In the calculation of the means of the judgment-debtor for the purposes of clause (b) there shall be left out of account any property which by or under any law or custom having the force of law for the time being in force is exempt from attachment in execution of the decree.

Enforcement of decree against legal representative.-(1) Where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of any such property.

1. (2) Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court that he has duly applied such property of the deceased as is proved to have come into his possession, the decree may be executed against the judgment-debtor to the extent of the property in respect of which he has failed so to satisfy the Court in the same manner as if the decree had been against him personally.

Liability of ancestral property.-For the purposes of section 50 and section 52, property in the hands of a son or other descendant which is liable under Hindu law for the payment of the debt of deceased ancestor, in respect of which a decree has been passed, shall be deemed to be property of the deceased which has come to the hands of the son or other descendant as his legal representative.

Partition of estate or separation of share.-Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with the law (if any) for the time being in force relating to the partition, or the separate possession of shares, of such estate.

Arrest and detention.-(1) A judgement-debtor may be arrested in execution of a decree at any hour and on any day, and shall as soon as practicable, be brought before the Court, and his detention may be in the civil prison of the district in which the Court ordering the detention is situate, or where such civil prison does not afford suitable accommodation, in any other place which the Government may appoint for the detention of persons ordered by the Courts of such district to be detained: Provided firstly, that, for the purpose of making an arrest under this section, no dwelling-house shall be entered after sunset and before sunrise: Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto but when the officer authorised to make the arrest has duly gained access to any dwelling-house, he may break open the door of any rooms in which he has reason to believe the judgement-debtor is to be found: Provided, thirdly, that, if the room is in the actual occupancy of a woman who is not the judgement-debtor and who according to the customs of the country does not appear in public, the officer authorised to make the arrest shall give notice to her that she is at liberty to withdraw, and after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of making the arrest: Provided, fourthly, that where the decree in execution of which a judgment-debtor is arrested, is a decree for the payment of money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him.

1. (2) The Government may, by notification in the Government Gazette, declare that any person or class of persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a decree otherwise than in accordance with such procedure as may be prescribed by the Government in this behalf.
2. (3) Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought before the Court, the Court shall inform him that he may apply under the law for the relief of insolvent judgment-debtors and that he will be discharged if he has not committed any act of bad faith regarding the subject of the application and if he complies with the provisions of the law of insolvency for the time being in force.
3. (4) Repealed.

Prohibition of arrest or detention of women in execution of decree for money.-Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.

Subsistence allowance.—[The Government] may fix scales, graduated according to rank, race and nationality, of monthly allowances payable for the subsistence of a judgment-debtor.

Detention and release.—

1. (1) Every person detained in execution of a decree shall be so detained,—
   • (a) where the decree is for the payment of a sum of money exceeding one thousand rupees, for a period of not exceeding three months, and,
   • (b) where the decree is for the payment of a sum of money exceeding five hundred rupees, but not exceeding one thousand rupees, for a period not exceeding six weeks: Provided that he shall be released from such detention before the expiration of the said period of detention—
     • (i) on the amount mentioned in the warrant for his detention being paid to the officer in-charge of the civil prison, or
     • (ii) on the decree against him being otherwise fully satisfied, or
     • (iii) on the request of the person on whose application he has been so detained, or
     • (iv) on the omission by the person, on whose application he has been so detained, to pay subsistence allowance: Provided also that he shall not be released from such detention under clause (i) or clause (iii) without the order of the Court. (1-A) For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed five hundred rupees.
2. (2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained.

Release on ground of illness.

Property liable to attachment and sale in execution of decree Property liable to attachment and sale in execution of decree.

Partial exemption of agricultural produce Partial exemption of agricultural produce.

Seizure of property in dwelling house Seizure of property in dwelling house.

Property attached in execution of decrees of several Courts.

Private alienation of property after attachment to be void.

Purchaser’s title.

Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff.

Power for Government to make rules as to sales of land in execution of decrees for payment of money.

Power to prescribe rules for transferring to Collector execution of certain decrees.

Provisions of third schedule to apply.

Rules of procedure.

Collector deemed to be acting judicially.

Where Court may authorize Collector to stay public sale of land.

Proceeds of execution sale to be rateably distributed among decree-holders.

Resistance to execution.

Power of Court to issue commissions.

Commission to another Court.

Letter of request.

Commissions issued by foreign Courts.

Letter of request.

Commissions issued by foreign Courts.

SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

Public charities.

Supplemental proceedings.

Compensation for obtaining arrest, attachment or injunction on insufficient grounds.

Appeals from original decree.

Appeal from final decree where no appeal from preliminary decree.

Decision where appeal heard by two or more Judges.

No decree to be reversed or modified for error or irregularity not effecting merits or jurisdiction.

Compensation for obtaining arrest, attachment or injunction on insufficient grounds.

Second appeal Second appeal.

Appeals from original decree.

Second appeal on no other grounds Second appeal on no other grounds.

No second appeal in certain suits.

Power of High Court to determine issues of fact.

Orders from which appeal lies.

Other orders.- Save as otherwise expressly provided, no appeal shall lie from any order made by a Court in the exercise of its original or appellate jurisdiction; but, where a decree is appealed from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a ground of objection in the memorandum of appeal.

What Courts to hear appeals What Courts to hear appeals.- Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, appeals shall lie from the decrees or any part of decrees and from the orders of the Court originating a cause or matter, to the Court to which appeals ordinarily lie from the decisions of such Court.

Powers of Appellate Court.-

1. (1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power—
   • (a) to determine a case finally;
   • (b) to remand a case;
   • (c) to frame issues and refer them for trial;
   • (d) to take additional evidence or to require such evidence to be taken.
2. (2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in respect of suits instituted therein.

Procedure in appeals from appellate decrees and orders.- The provisions of this Part relating to appeals from original decrees shall, so far as may be, apply to—

1. (a) an appeal from appellate decrees;
2. (b) an appeal from orders made under this Code or under any special or local law in which a different procedure is not provided.

When appeals lie to the Supreme Court.- Subject to the provisions in Chapter IV of Part V of the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of India, and to the provisions contained in section 110, an appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies—

1. (a) that the case involves a substantial question of law of general importance; and
2. (b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.

Value of subject matter.- An appeal shall lie to the Supreme Court under clause (a) or clause (b) of section 109—

1. (a) from any decree or final order, when the amount or value of the subject-matter of the dispute in the Court of first instance was, and the amount or value of the subject-matter in dispute on appeal to the Supreme Court is, twenty thousand rupees or upwards; or
2. (b) from any decree or final order, when the decree or final order involves, directly or indirectly, some claim or question to or respecting property of like amount or value; and
3. (c) where the decree or final order appealed from affirms the decision of the Court immediately below the Court passing such decree or final order, the appeal must involve some substantial question of law.

Savings.- Nothing contained in this Code shall be deemed—

1. (a) to affect the powers of the Supreme Court under Article 136 of the Constitution; or
2. (b) to interfere with any rules made by the Supreme Court, and for the time being in force, for the presentation of appeals to that Court, or their conduct before that Court. Omitted.

¹¹² Omitted

Reference to High Court.- Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit: Provided that where the Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court. Explanation.—In this section, "Regulation" means any Regulation of the Bengal, Madras or Bombay Code or Regulation as defined in the General Clauses Act, 1897, or in the General Clauses Act of the State.

Review.- Subject as aforesaid, any person considering himself aggrieved—

1. (a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,
2. (b) by a decree or order from which no appeal is allowed by this Code, or
3. (c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.

Revision.-

1. (1) The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears—
   • (a) to have exercised a jurisdiction not vested in it by law, or
   • (b) to have failed to exercise a jurisdiction so vested, or
   • (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit: Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceeding.
2. (2) The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto.

Part to apply only to High Court.-

Application of Code to High Court Application of Code to High Court.-

Execution of decree before ascertainment of costs Execution of decree before ascertainment of costs.- Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith, except as to so much thereof as relates to the costs.

Unauthorised persons not to address Court.- Nothing in this Code shall be deemed to authorise any person on behalf of another to address the Court in the exercise of its original civil jurisdiction, or to examine witnesses, except where the Court shall have in the exercise of the power conferred by its charter authorised him so to do, or where the Court shall so permit.

Provisions not applicable to High Court in original civil jurisdiction.-

1. (1) The following provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, namely:
   • (a) sections 16, 17 and 20;

Effect of rules in First Schedule.-

Power of the High Court to make rules Power of the High Court to make rules.- High Courts may, from time to time after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subject to their superintendence, and may by such rules annul, alter or add to all or any of the rules in the First Schedule.

¹²³ Omitted

Omitted

¹²⁴ Omitted

Omitted

¹²⁵ Omitted

Omitted

Rules subject to sanction.-

Publication of rules Publication of rules.- Rules so made and approved shall be published in the Government Gazette, and shall from the date of publication or from such other date as may be specified have the same force and effect, within the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First Schedule.

Matters for which rules may provide.-

1. (1) Such rules shall be not inconsistent with the provisions in the body of this Code, but may provide for any matters relating to the procedure of Civil Courts.
2. (2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1), such rules may provide for all or any of the following matters, namely:—
   • (a) the service of summonses, notices and other processes by post or in any other manner either generally or in any specified areas, and the proof of such service;
   • (b) the maintenance and custody, while under attachment, of live-stock and other movable property, the fees payable for such maintenance and custody, the sale of such live-stock and property, and the proceeds of such sale;
   • (c) procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of jurisdiction;
   • (d) procedure in summary suits;
   • (e) procedure by way of originating summons;
   • (f) the consolidation of suits, appeals and other proceedings;
   • (g) the delegation to any Registrar, Prothonotary or other official of the Court of any judicial, quasi-judicial and non-judicial duties; and
   • (h) all forms, registers, books, entries and accounts which may be necessary or desirable for the transaction of the business of Civil Courts.

Power of High Court to make rules as to its original civil jurisdiction.- Notwithstanding anything in this Code, any High Court may make such rules not inconsistent with the Letters Patent or order establishing the High Court as it may deem fit to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall affect the validity of any such rules in force at the commencement of this Code.

130.

Publication of rules Publication of rules.

Exemption of certain women from personal appearance.

Exemption of other persons Exemption of other persons.

Arrest other than in execution of decree Arrest other than in execution of decree.

Exemption from arrest under civil process.

Exemption of Members of Legislative Bodies from arrest or detention under civil process.

Procedure where person to be arrested or property to be attached is outside district Procedure where person to be arrested or property to be attached is outside district.

Language of subordinate Courts.

Power of High Court to require evidence to be recorded in English.

Oath on affidavit by whom to be administrated.

140.

Miscellaneous proceedings Miscellaneous proceedings.

Orders and notices to be in writing.

Postage.

Application for restitution.

Enforcement of liability of surety.

Proceedings by or against.

Consent or agreement by persons under disability.

Enlargement of time Enlargement of time.

A. Right to lodge a caveat.-Where an application is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.

1. (2) Where a caveat has been lodged under sub-rule (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been, or is expected to be, made, under sub-rule (1).
2. (3) Where, after a caveat has been lodged under sub-rule (1), any application is filed in any suit or proceeding, the Court shall serve a notice of the application on the caveator.
3. (4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator, at the caveator's expense, with copy of the application made by him and also with copies of any paper or document which has been or may be, filed by him in support of the application.
4. (5) Where a caveat has been lodged under sub-rule (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-rule (1) has been made before the expiry of the said period.

Power to make up deficiency of Court-fees.-Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to Court-fees has not been paid, the Court may, in its direction, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case may be, of such Court-fee; and upon such payment the document, in respect of which such fee is payable, shall have the same force and effect as if such fee had been paid in the first instance.

Transfer of business.-Save as otherwise provided, where the business of any Court is transferred to any other Court, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this Code upon the Court from which the business was so transferred.

Saving of inherent powers of Court.-Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

Amendment of judgments, decrees or orders.-Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or commission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.

General power to amend.-The Court may at any time, and on such terms as to costs or otherwise as it may think fit amend any defect or error in any proceeding in a suit ; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.

A. Power to amend decree or order where appeal is summarily dismissed.-Where an appellate Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to amend, under section 152, the decree or order appealed against may be exercised by the Court which had passed the decree or order in the first instance notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order, as the case may be, passed by the Court of first instance.

B. Place of trial to be deemed to be open Court.-The place in which any Civil Court is held for the purpose of trying any suit shall be deemed to be an open Court, to which the public generally may have access so far as the same can conveniently contain them:

Provided that the presiding Judge may, if he thinks fit, order at any stage of any inquiry into or trial of any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.

Saving of present right of appeal.-Nothing in this Code shall effect any present right of appeal which shall have accrued to any party at its commencement.

¹⁵⁵ Omitted

¹⁵⁶ Omitted.

and

¹⁵⁶ Omitted

155 and 156.

Continuance of orders under repealed enactments Continuance of orders under certain enactments.-Notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointment made and powers conferred under any enactment relating to matters dealt with this Code shall, so far as they are consistent with this Code, have the same force and effect as if they had been respectively published, made, appointed, filed, prescribed, framed and conferred under this Code and by the authority empowered thereby in such behalf.

Reference to certain enactment relating to matters dealt with in this Code.-In every enactment or notification passed or issued before the commencement of this Code in which reference is made to or to any Chapter such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding Part, order, sanction or rule.

Shorf title, extent and commencement.-

1. (i) This Act may be cited as Code of Civil Procedure (Act X of 197'7).
2. (i) It extends to the whole of Jammu and Kashir State. It shall come into force on the 1st day of Baisakh, 1978.

Definitions.-In this Act, unless there is anything repugnant in the subject or conte*,-

1. (1) "Code" includes rules ;
2. (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 with 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 and the determination of any question within I[ ] section 144, but shall not indude-
   • (a) any adjudication from,which ancappeal lies as anpappeal 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. 11. is final when such adjudication completely disposes of the suit. It may be, parfi.4 pe~~rninary and partly final ;
3. (3) "decree-holder" means my person in w)lo:i F,?vrzur a . a 7' &2 passedor an order capable of execution has been m~dc ;
4. (4) "district" means the local hits of the jurisdiction of a principal Civil Court or original jurisdiction (hereinafter called a "District Court"). '[(5) "foreign Court" means a Court situate beydnd the limitsof India which has no authority in India and is not established or continued by the Central Government of India.)
5. (6) "foreign judgment" means the judgment of a foreign Court.
6. (7) "Government Pleader" includes any officer appointed by lithe 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 ;
7. (8) "Judge" means the presiding officer of a Civil Court ;
8. (9) "Judgment" means the statement given by the Judge of the grounds of a decree or order ;
9. (10) "judgment-debtor" means m, person aga&st whom a decree has been passed or an order capable of execution has been made ;
10. (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 ch,aracter the person on whom the estate devolves on the death of the party so suing or sued ; (121 "mesne profits" of property mesas &mi profits which the person in wro@ possession 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 ;
11. (13) "movable property" includes growing cr d p ;
12. (14) "order" meam the formal expression of any decision of a Civil Court which is not a decree ;
13. (15) "pleader" means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil ad j[any attorney of the I :igh Cngnrt ]
14. (16) "prescribed" means prescribed by rules ;
15. (17) "public officer" means a person falling under any of the following descriptions, namely :-
    • (I) every judge ; @) omitted ;
    • (c) every commissioned or gazetted officer in the military forces of the Union ;
    • (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 preseqve 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 the Government whose duty it is, as such officer, to prevent'offences, to give information of offences, to bring offender 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 the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report on, any matter affecting the pecuniary interest of the Government, or to make, authenticate or keep any document relating to the pecuniaryinterests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government ; and
    • (h) every officer in the service or pay of the Government or, remunerated by fees or cammission for the performance of any public duty.
16. (18) "rules" means rules and forms contained in the First Schedule or made under section 122 ; (19') "share in a corporation" shall be deemed to include stock, debenture st'wk. debentures or bonds ; and
17. (20) "signed" save in the case of a judgment or decree, includes stamped.

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.

Sming.-(l) 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 M any special jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law for the time beii in force.

1. (2) In particular and without prejudice to the ge erality of the proposition contained in sub-section (I), 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.

Application of the Code to Revenue Courts.-

1. (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 Government] may, by notification in the Government 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 modif~cations as '[the Gover~lent] may prescribe.
2. (2) "Revenue Court' in sub-section (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 beiig suits or proceedings of a civil nature.

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.

Small Cause Courts.—The following provisions shall not extend to Courts constituted under the Small Cause Courts Act, or to Courts exer&ig the jurisdiction of a Court of Small Causes under that Act, that is to say,—

1. (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 ;
   • (iii) the execution of decrees against immovable property, and
2. (b) the following sections, that is to say— section 9, sections 91 and 92, sections 94 and 95 so far as they [authorise or relate to—
   • (i) orders for the attachment of immovable property,
   • (ii) injunctions,
   • (iii) the appointment of a receiver of immovable property, or
   • (iv) the interlocutory orders referred to in clause (e) of section 949, and sections % to 112 and 115.

Omitted.

General power of transfer and withdrawal.-(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-

1. (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or
2. (b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and
   • (i) try or dispose of the same; or
   • (ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same ; or
   • (iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.

1. (2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
2. (3) For the purposes of this section,-
   • (a) Court of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
   • (b) "proceeding" includes a Proceeding for the execution of a decree or order.
3. (4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
4. (5) A suit or proceeding may be transferred under this section from a court which has no jurisdiction to try it.

Transfer of decree.-(1) The Court which passed a decree may, on the application of the decree-holder, send it for execution to another Court of competent jurisdiction.-

1. (a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or
2. (b) if such person has not property within the local limits of the jurisdiction of the Court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court, or
3. (c) if the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the Court which passed it, or
4. (d) if the Court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court.

1. (2) The Court which passed a decree may of its own motion send it for execution to any subordinate Court of competent jurisdiction.
2. (3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the suit in which such decree was passed.

Powers of Court in executing transferred decree.-(1) The Court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. All persons disobeying or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed the decree. And its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself.

1. (2) Without prejudice to the generality of the provisions of sub-section (1), the powers of the Court under that sub-section shall include the following powers of the Court which passed the decree, namely :-
   • (a) power to send the decree for execution to another Court under section 39 ;
   • (b) power to execute the decree against the legal representative of the deceased judgment-debtor under section 50 ;
   • (c) power to order attachment of a decree.
2. (3) A court passing an order in exercise of the powers specified in sub-section (2) shall send a copy thereof to the Court which passed the decree.
3. (4) Nothing in this section shall be deemed to confer on the Court to which a decree is sent for execution any of the following powers, namely :-
   • (a) power to order execution at the instance of the transferee of the decree ;
   • (b) in the case of a decree passed against a firm, power to grant leave to execute such decree against any person, other than such a person as is referred to in clause (b), or clause (c), of sub-rule (1) of rule 50 of Order XXI.

Execution of decrees passed by Courts in other States in India.-The Government may, by notification in the Government Gazette, declare that decrees of any Civil or Revenue Court situate in India beyond the limits of the Jammu and Kashmir State or of any Court established or continued by the authority of the Central Government of India outside India or any class of such decrees may be executed in the State as if they had been passed by Courts of the State.

What Courts to hear appeals.- Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, appeals shall lie from the decrees or any part of decrees and from the orders of the Court originating a cause or matter, to the Court to which appeals ordinarily lie from the decisions of such Court.

SPECIAL PROVISIONS RELATING TO HIGH COURT

Part to apply only to High Court.- This Part applies only to High Courts.

Application of Code to High Court.- Save as provided in this Part or in Part X or in rules, the provisions of this Code shall apply to such High Courts.

Power of the High Court to make rules.- High Courts may, from time to time after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subject to their superintendence, and may by such rules annul, alter or add to all or any of the rules in the First Schedule.

Exemption of other persons.

Power to make up deficiency of Court-fees.-Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to Court-fees has not been paid, the Court may, in its direction, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case may be, of such Court-fee; and upon such payment the document, in respect of which such fee is payable, shall have the same force and effect as if such fee had been paid in the first instance.

Transfer of business.-Save as otherwise provided, where the business of any Court is transferred to any other Court, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this Code upon the Court from which the business was so transferred.

General power to amend.-The Court may at any time, and on such terms as to costs or otherwise as it may think fit amend any defect or error in any proceeding in a suit ; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.

A. Power to amend decree or order where appeal is summarily dismissed.-Where an appellate Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to amend, under section 152, the decree or order appealed against may be exercised by the Court which had passed the decree or order in the first instance notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order, as the case may be, passed by the Court of first instance.

B. Place of trial to be deemed to be open Court.-The place in which any Civil Court is held for the purpose of trying any suit shall be deemed to be an open Court, to which the public generally may have access so far as the same can conveniently contain them:

Provided that the presiding Judge may, if he thinks fit, order at any stage of any inquiry into or trial of any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.

Saving of present right of appeal.-Nothing in this Code shall effect any present right of appeal which shall have accrued to any party at its commencement.

¹⁵⁶ Omitted.

and

¹⁵⁶ Omitted.

155 and

Continuance of orders under certain enactments.-Notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointment made and powers conferred under any enactment relating to matters dealt with this Code shall, so far as they are consistent with this Code, have the same force and effect as if they had been respectively published, made, appointed, filed, prescribed, framed and conferred under this Code and by the authority empowered thereby in such behalf.

Reference to certain enactment relating to matters dealt with in this Code.-In every enactment or notification passed or issued before the commencement of this Code in which reference is made to or to any Chapter such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding Part, order, sanction or rule.