The bill, as settled by the special committee, was enacted as the code of civil procedure, 1908, wihout any substantial modi. An act to consolidate and amend the laws relating to the procedure of the courts of civil judicature. Cpc acknowledges the powers along with limitations on the courts but. It was amended in 1877 and, subsequently, in 1882, however, those amendments did not serve the purpose, therefore, the present code of civil procedure was enacted in 1908. Section 151 cpc, discretionary powers a judge legal.
Application for execution order 21 rule 10 to 23 arrest and detention in the execution of decreesection 55 cpc conditions of hindu marriage and its consequences section 5 counterclaim by defendant order 8 rule 6 cpc. Code of civil procedure 1908 it comprises of main act and the rules framed under section 121 cpc. A detailed discussion of the above provisions sec 148 to sec 153a is taken up for study. Short title, commencement and extent 1 this act may be cited as the code of civil procedure, 1908. Order 7 rule 11 of cpc 151 to reject a legal advice. The plaintiff filed a petition under section 151, c. The foregoing survey reveals that the code of 1908 is a product of wellthought out efforts and experimenta tion extending over more than half a century.
Reference to code of civil procedure and other repealed enactment. Section 148 of code of civil procedure 1908 enlargement of time where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this code, the court may, in its discretion, from time to time, enlarge such period, even though the period originally fixed or. Section 151 cpc, discretionary powers a judge article. Civil procedure code 1908 cpc indian laws bare acts. The code of civil procedure, 1908 is a procedural law related to the administration of civil proceedings in india. The consolidation of both the suits under section 151 cpc can be a solution but when a suit falls within section 10 cpc consolidation cannot be resorted topld 1999 karachi 81, pld. Updating and uploading of all central acts available on this web page is the proprietary of the legislative department in the ministry of law and justice. Where is the place of institution of suit where local limits of jurisdiction of courts are uncertain. Civil procedure codes, 1908 the constitution of pakistan. Inherent powers of the court under the cpc academike. Can court issue the commission on any case which is not mention in section 75 of the cpc. V of 1908 21st march 1908 an act to consolidate and amend the laws relating to the procedure of the courts of civil judicature. It had opined that the court had an undoubted power to make a suitable order to prevent the abuse of the process of the court.
The provisions of this code relating to the execution of decree including provisions relating to payment under a decree shall, so far as they are applicable, be deemed to apply to the execution of. Government of india law commission of india amendment of section 89 of the code of civil procedure, 1908 and allied provisions report no. Inherent powers of the court under the cpc academike lawctopus. Code of civil procedure 1908 punjab judicial academy. Saving of inherent powers of court nothing in this code shall be deemed to limit or. Auditorium of pja on the topic of code of civil procedure 1908. Under section 3 3 a of the sonthal parganas settlement regulation 3 of 1872. Section 9 of code of civil procedure,1908jurisdiction of civil court 1. Executions order 21 of the code of civil procedure deals. Transfer of cases nisha supreme courts lawsuit free. In the act, in section 151, after the word court occurring for the first time, the expression, to be exercised after recording reasons in writing, shall be inserted. In this act, unless there is anything repugnant in the subject or context.
Section 9 of code of civil procedure,1908jurisdiction of. Execution of decree under cpc 1908 sec 51 to 54 quick revision of law legum live. Civil procedure codes, 1908 contents preliminary 1. Code of civil procedure 1908 miscellaneous, interest,cost, exemption from appearance, caveat, inherent powers of court 1. Sec 151 of the civil procedure code deals with the inherent powers. Execution of decree under cpc 1908 sec 51 to 54 quick. The code of civil procedure punjab amendment act 2018.
Property liable to attachment and sale in execution of decree. Civil procedure code 1908 cpc section 148153b inherent powers of the court in cpc are defined from section 148 to 153b. It was drafted by the committee headed by sir earle richards. Order 7 rule 11 of cpc 151 to reject a petition for divorcesection 1 ai some of the advocates states that order 7 rule 11 of cpc 151 is applicable under the provision of hindu marriage act. Order 21 of the code of civil procedure deals with the solemn act of execution of the decrees passed by the courts from grassroots to the top.
Nothing in this code shall be deemed to limit or otherwise affect the inherent powers of the court to make such orders as may be necessary for the ends of the justice or to prevent abuse of the process of the court. It is necessary further to amend the code of civil procedure, 1908 v of 1908 for purposes of updating certain provisions of the code. Whereas it is expedient to consolidate and amend the laws relating to the procedure of the courts of civil judicature. Inherent powers of a civil court new law college, pune.
Section 153 a of cpc civil procedure code 1908 international journal of pure and applied mathematics special issue. Civil procedure code 1908 1st page civil procedure code 1908 2nd page civil procedure code 1908 3rd page. Aug 03, 20 civil procedure code 1908 indian laws bare acts. Sec 151 of the cpc provides for exercise of inherent powers to prevent the abuse of the process of court. The apex court in ms jaipur mineral development syndicate v. The scope of section 151 has been explained by the supreme court in several decisions which was summarised by the supreme court itself in the case of k. In which of the following cases, the plaint will be ordered to be returned for prosecution to the proper court. Code of civil procedure 1908 miscellaneous, interest,cost. This provision being a part of procedural law requires a. Section 89 cpc introduction section 89 of the code of civil procedure, 1908 embodies the legislative mandate to the court to refer disputes to various adr sub judice mechanisms enunciated therein where it finds it appropriate to do so, in order. The main act comprises of 11 parts rules are framed under part 10 under section 121 rules shall have effect as if enacted in the body of code. Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend. The issuing of the commission is exhaustive in nature and is the inherent power of the court given under section 151 of code of civil procedure 1908, therefore court cannot issue on any other case. The main act comprises of 11 parts rules are framed under part 10 under section.
Nothing in this code shall be deemed to limit pr 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. Legal provisions of section 148 of code of civil procedure. It merely recognises the discretionary power inherent in every court as a necessary corollary for rendering justice in accordance with law, to do what is right and undo what is wrong, that is, to do all things necessary. Sep 22, 2017 code of civil procedure 1908 miscellaneous, interest,cost, exemption from appearance, caveat, inherent powers of court 1. This provision being a part of procedural law requires a liberal interpretation to advance. Code of civil procedure, 1908 law firm in pakistan. Legal provisions of section 151 of code of civil procedure, 1908 c. Aug 21, 2017 execution of decree under cpc 1908 sec 51 to 54 quick revision of law legum live. All about appointment of commission under code of civil. Court held that such order could be passed in exercise of power under sec. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse. The said sri borthakur has advertised in the internet site olx offering for sale of puranimati t. In the civil procedure code of 1908 hereinafter, the code it was inserted under section 148a by the recommendations of the law commission of indias 54th report and was inserted by the cpc amendment act 104 of 1976. An act further to amend the code of civil procedure, 1908.
Proposed package of amendments in civil procedure code. Code of civil procedure 1908 section 60 citation 16415. Code of civil procedure, 1908 bare acts law library. Whereas it is expedient to consolidate and amend the law relating to. Civil procedure code complete bare act with latest law amendments and definitations. Khakare vikas code of civil procedure 1908 miscellaneous dr. The abuse of the power may be at the instance of a party or at the instance of the court itself. Section 152 amendment of judgments, decrees or orders.
This act may be cited as the code of civil procedure, 1908. The updating and uploading of rules, regulations, notifications, etc. 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. Ultimately, after the judgment attains finality or where there is no stay in the execution by any appellate or revisional court, it is the court of. The code of civil procedure, 1908 was further amended in the year 2018. Code of civil procedure 1908 complete act citation 51117. Be it enacted by provincial assembly of the punjab as follows. Legal provisions of section 148 of code of civil procedure, 1908 c. 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 subs. Section 9 code of civil procedure to try all civil suits unless barred shall subject to the provisions here in containhave to try all suits excepting suits of which their either explanation.
Legal provisions of section 151 of code of civil procedure. Ix of 1908 an act to consolidate and amend the law for the limitation of suits, and for other purposes. Section 148 of code of civil procedure 1908 enlargement of time where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this code, the court may, in its discretion, from time to time, enlarge such period, even though the period originally fixed or granted may gave expired. Show all sections the code of civil procedure, 1908 preliminary. It merely recognises the discretionary power inherent in every court as a necessary corollary for rendering justice in. Section 151 cpc, discretionary powers a judge article legal. The scope of section 151 cpc has been explained by the supreme court in the case k. The section talks in brief about the caveat petition. Civil procedure code cpc 1908 in hindi part 1 1908 1. The first code of civil procedure was enacted in 1859 by the committee headed by mr. An act to consolidate and amend the laws relating to the procedure. What is suits for compensation for wrongs to person or movables. Jan 10, 2010 query on section 148 a of the cpc, 1908.
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