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Civil Procedure

In: Other Topics

Submitted By nadeemgondal
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Code of Civil Procedure, 1908.

ACT
[21st March 1908]

NO.

V

OF

1908

An Act to consolidate and amend the laws relating to the Procedure of the Courts of Civil
Judicature.
WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; It is hereby enacted as follows: -

PRELIMINARY
1.-(l) This Act may be cited as the Code of Civil Procedure, 1908.

(2) It shall come into force on
1[(3) It extends to the whole of Pakistan.]

the

first

day

of

January

1909.

2. 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 form 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 dispose of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final;
(3) "Decree-holder" 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"…...

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