code of civil procedure

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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 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 sub-section (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 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 State Government 2*** may, by notification in the 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 State Government 3* * * may prescribe. (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 being suits or proceedings 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(9 of 1887) 4[or under the Berar Small Cause Courts Law, 1905], or to Courts exercising the jurisdiction of a Court of Small Causes 5[under the said Act or Law], 6[or to Courts in 7[any part of India to which the said Act does not extend] exercising a corresponding jurisdiction 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; (iii) the execution of decrees against immovable property; and (b) the following sections, that is to say,— section 9, sections 91 and 92, sections 94 and 95 8[so far as they authorize or relate to]— (i) orders for the attachment of immovable property, (ii) injunctions, (iii) the appointment of a receiver of immovable property, or 1. Clause (21) omitted by Act 2 of 1951, s. 4 earlier ins. by the A.O. 1950. 2. The words “with the previous sanction of the G.G. in C”, omitted by Act 38 of 1920, s. 2 and the First Schedule Pt. I. 3. The words “with the sanction aforesaid” omitted by s. 2 and the First Schedule., Pt. I, ibid. 4. Ins. by Act 4 of 1941, s. 2 and the Third Schedule. 5. Subs. by s. 2 and the Third Schedule, ibid., for “under that Act”. 6. Ins. by Act 2 of 1951, s. 5. 7. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.

8. Subs. by Act 1 of 1926, s. 3, for “so far as they relate to injections and interlocutory orders” .

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Articles inside

Public charities

3min
page 92

Supplemental proceedings

3min
page 94

Exercise of powers of Advocate-General outside presidency-towns

3min
page 93

Public nuisances and other wrongful acts affecting the public

3min
page 91

When foreign States may sue

4min
page 84

Suits against foreign Rulers, Ambassadors and Envoys

3min
page 86

Settlement of disputes outside the Court

3min
page 89

When aliens may sue

3min
page 83

Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers

4min
page 85

Style of foreign Rulers as parties to suits 87A. Definitions of “foreign State” and “Ruler”.

3min
page 87

Power to state case for opinion of Court

3min
page 90

Where interpleader-suit may be instituted

4min
page 88

Execution of decree

3min
page 82

Exemption from arrest and personal appearance

3min
page 81

Letter of request

3min
page 77

Commission to another Court

2min
page 76

Commissions issued by foreign Courts

4min
page 78

Suits by or against Government

7min
pages 79-80

Power of Court to issue commissions

3min
page 75

Legal representative

43min
pages 50-74

Precepts

3min
page 46

Questions to be determined by the Court executing decree

9min
pages 47-49

Execution of decrees passed by Revenue Courts in places to which this Code does not extend 44A. Execution of decrees passed by Courts in reciprocating territory.

2min
page 44

Execution of decrees outside India

4min
page 45

Execution of decrees passed by Civil Courts in places to which this Code does not extend

3min
page 43

Powers of Court in executing transferred decree

3min
page 42

Transfer of decree to Court in another State

3min
page 40

Transfer of decree

3min
page 39

Court by which decree may be executed

3min
page 38

Definition of Court which passed a decree

3min
page 37

Application to orders

3min
page 36

Interest

2min
page 34

Costs

3min
page 35

Judgment and decree

3min
page 33

Penalty for default

3min
page 32

Summons to witness

3min
page 31

Power to order discovery and the like

3min
page 30

Institution of suits

3min
page 26

Service of foreign summonses

4min
page 29

Summons to defendants

3min
page 27

Power of Supreme Court to transfer suits, etc

3min
page 25

Service of summons where defendant resides in another State

3min
page 28

General power of transfer and withdrawal

3min
page 24

To what Court application lies

2min
page 23

Place of institution of suit where local limits of jurisdiction of Courts are uncertain

3min
page 18

Objections to jurisdiction 21A. Bar on suit to set aside decree on objection as to place of suing.

3min
page 21

Suits for immovable property situate within jurisdiction of different Courts

3min
page 17

Suits for compensation for wrongs to person or movables

3min
page 19

Power to transfer suits which may be instituted in more than one Court

3min
page 22

Other suits to be instituted where defendants reside or cause of action arises

3min
page 20

Suits to be instituted where subject-matter situate

3min
page 16

R e s j u d i c at a

6min
pages 11-12

Court in which suits to be instituted

3min
page 15

Application of the Code to Revenue Courts

1min
page 5

Courts to try all civil suits unless barred

3min
page 9

When foreign judgment not conclusive

3min
page 13

Pecuniary jurisdiction

1min
page 6

Stay of suit

3min
page 10

Presumption as to foreign judgments

3min
page 14
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