PRELIMINARY 1. Short title, commencement and extent.

Code of Civil Procedure 1908. THIRD SCHEDULE: Execution of Decrees by Collectors- Repealed by the Code of Civil Procedure (Amendment) Act, 1956]. The Code Of Civil Procedure, 1908 (Act No. 5 of 1908) An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

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Definitions 3. Subordination of Courts. Application of the Code of Revenue Courts. Pecuniary Jurisdiction. Small Cause Courts. [Omitted] PART I SUITS IN GENERAL Jurisdiction of the Courts and Res Judicata 9. Courts to try all civil suits unless barred.

Stay of suit. Res Judicata 12. Bar to further suit. When foreign judgment not conclusive. Presumption as to foreign judgments. Place of Suing 15.

Court in which suits to be instituted. Suits to be instituted where subject-matter situate.

Suits for immovable property situate within jurisdiction of different Courts. Place of institution of suit where local limits of jurisdiction of Courts are uncertain. Suits for compensation for wrongs to person or movables.

Others suits to be instituted where defendants reside or cause of action arises. Objections to jurisdiction. Power to transfer suits which may be instituted in more than one Court. To what Court application lies.

General power of transfer and withdrawal. Appearance of parties on transfer of suit, etc. [Omitted] Institution of Suits 26. Institution of suits. Summons and Discovery 27. Summons to defendants. [Omitted] 29.

Service of foreign summonses. Power to order discovery and the like. Summons to witness. Penalty for default. Judgment and Decree. Judgment and decree. Interest Costs 35.

Compensatory costs in respect of false or vexatious claims or defences. Cost for delay in making applications, etc., in respect of interlocutory matters. PART II EXECUTION General 36. Application to orders. Definition of Court which passed a decree. Courts by which decrees may be executed 38.

Court by which decree may be executed. Transfer of decree. [Omitted] 41. Result of execution proceedings to be certified. Powers of Court in executing transferred decree.

Execution of decrees passed by British Courts in places to which this Part does not extend or in foreign territory. [Omitted] 44A. Execution of decrees passed by Courts in the United Kingdom and other reciprocating territory. [Omitted] 46. [Omitted] Limit of Time for Execution 48.

Execution barred in certain cases. Transferees and Legal Representatives 49. Transferee 50. Legal representative Procedure in Execution 51. Powers of Court to enforce execution. Enforcement of decree against legal representative.

Liability of ancestral property. Partition of estate or separation of share. Arrest and Detention 55. Arrest and detention. Prohibition of arrest or detention of women in execution of decree for money. Subsistence allowance. Detention and release.

Release on ground of illness. Attachment 60. Property liable to attachment and sale in execution of decree. Partial exemption of agricultural produce. 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 66. 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.

Delegation to Collector of Power to Execute Decrees against Immovable Property 68. Power to prescribe rules for transferring to Collector execution of certain decrees. Provisions of Third Schedule to apply. Rules of procedure. Jurisdiction of Civil Courts barred. Collector deemed to be acting judicially.

Where Court may authorise Collector to stay public sale of land. Distribution of Assets 73. Proceeds of execution-sale to be rateably distributed among decree-holders. Resistance to Execution 74.

Resistance to execution. PART III INCIDENTAL PROCEEDINGS Commissions 75. Power of Court to issue commissions. [Omitted] 77. Letter of request.

Commissions issued by foreign Courts. PART IV SUITS IN PARTICULAR CASES Suits by or against the Government or Public Officers in their official capacity 79. Suits by or against the Government. Exemption from arrest and personal appearance. Execution of decree. Suits by Aliens and by or against foreign Rulers, Ambassadors and Envoys 83. When aliens may sue.

When foreign States may sue. Persons specially appointed by Government to prosecute or defend for Rules of foreign States. Suits against Rulers. Suits against diplomatic agents. Style of Rulers as parties to suits. [Suits Against Rulers of Acceding and Merged States 87A. [Omitted] Interpleader 88.

Where interpleader suit may be instituted. PART V SPECIAL PROCEEDINGS [ALTERNATIVE DISPUTE RESOLUTION] 89. [Omitted] 89A. Mediation 89B. Arbitration 89C. Mediation in Appeal. Special provisions for mediation 89E.