code of civil procedure

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Code of Civil Code of Civil Procedure Procedure Act No. 5 of 1908 Act No. 5 of 1908 Coming into force on 1 Coming into force on 1 st st January January 1909 1909

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Page 1: Code of Civil Procedure

Code of Civil ProcedureCode of Civil ProcedureAct No. 5 of 1908Act No. 5 of 1908

Coming into force on 1Coming into force on 1stst January 1909 January 1909

Page 2: Code of Civil Procedure

Presented By Presented By Mahmudul MursalinMahmudul Mursalin

AdvocateAdvocateSupreme Court of BangladeshSupreme Court of Bangladesh

Page 3: Code of Civil Procedure

Classes of Civil CourtsClasses of Civil Courts

Under sec. 3 of Civil Courts Act 1887 there Under sec. 3 of Civil Courts Act 1887 there are following classes of civil courts: are following classes of civil courts:

1. District Judge 1. District Judge 2. Additional District Judge 2. Additional District Judge 3. Joint District Judge3. Joint District Judge4. Senior Assistant Judge4. Senior Assistant Judge5. Assistant Judge5. Assistant Judge

Page 4: Code of Civil Procedure

Total Sections 158 Total Sections 158 Part – 11 Part – 11 Schedule – 5 (2Schedule – 5 (2ndnd , 5 , 5thth are repealed) are repealed)Latest amendment – Act No. 36 of 2012Latest amendment – Act No. 36 of 2012

Page 5: Code of Civil Procedure

DecreeDecree Sec. 2(2) defines decreeSec. 2(2) defines decreeElements of decree: Elements of decree:

- formal expression of an adjudication - formal expression of an adjudication in a suitin a suit

- adjudication of the rights of the parties - adjudication of the rights of the parties with regard to all or any of the matters in with regard to all or any of the matters in controversy controversy

- conclusive determination of the rights- conclusive determination of the rightsRejection of plaint and determination of any Rejection of plaint and determination of any question under sec.144 of CPC is decree. question under sec.144 of CPC is decree.

Page 6: Code of Civil Procedure

continuedcontinued

The decision which is not decree: O. 7 R. 10 The decision which is not decree: O. 7 R. 10 (return of plaint), order remanding suit for (return of plaint), order remanding suit for fresh disposal, order refusing to reject the fresh disposal, order refusing to reject the plaint, abatement of appeal for non plaint, abatement of appeal for non prosecution, order allowing preemption under prosecution, order allowing preemption under sec. 96 of SAT Act etcsec. 96 of SAT Act etcClasses of decree: Classes of decree:

i. preliminary decreei. preliminary decreeii. Final decreeii. Final decreeiii. Partly preliminary and partly final iii. Partly preliminary and partly final

decree decree

Page 7: Code of Civil Procedure

continuedcontinued

Decree shall contain: Decree shall contain: - name of the parties- name of the parties- name of the court- name of the court- number of the suit- number of the suit- schedule of the property- schedule of the property- relief granted- relief granted- amount of costs incurred in the suit etc- amount of costs incurred in the suit etc

Page 8: Code of Civil Procedure

Sections 2 (3): decree holderSections 2 (3): decree holderSections 2 (9): judgementSections 2 (9): judgementSections 2 (10): judgement debtorSections 2 (10): judgement debtorSections 2 (11): legal representativeSections 2 (11): legal representativeSections 2 (12): mesne profitSections 2 (12): mesne profitSections 2 (14): orderSections 2 (14): orderSections 2 (15): pleaderSections 2 (15): pleaderSections 2 (8): judge Sections 2 (8): judge

Page 9: Code of Civil Procedure

Res sub judiceRes sub judice

Section 10 relates to the stay of suit. It Section 10 relates to the stay of suit. It narrates the nature of res sub judice.narrates the nature of res sub judice.This is a mandatory provision once This is a mandatory provision once conditions are fulfilled then subsequent conditions are fulfilled then subsequent suit must be stayed. suit must be stayed.

Page 10: Code of Civil Procedure

Res judicataRes judicata

Section deals with the doctrine of res Section deals with the doctrine of res judicata. judicata. This section prohibits adjudication of the This section prohibits adjudication of the same issue between the same parties same issue between the same parties more that once.more that once.The doctrine of res judicata is question of The doctrine of res judicata is question of facts and law. facts and law. The doctrine of res judicata is treated as The doctrine of res judicata is treated as estoppel by record. estoppel by record.

Page 11: Code of Civil Procedure

Section 13: foreign judgement not conclusiveSection 13: foreign judgement not conclusiveSec. 14: shall presumption as to foreign Sec. 14: shall presumption as to foreign judgment. judgment. Sec. 15Sec. 15: every suit shall be instituted in : every suit shall be instituted in the lowest grade of competent the lowest grade of competent jurisdictionjurisdictionSec. 16Sec. 16: suit to be instituted where : suit to be instituted where subject matter situatedsubject matter situatedSec. 17: if the immovable property situate Sec. 17: if the immovable property situate within the jurisdiction of different court within the jurisdiction of different court may institute in any of such Court. may institute in any of such Court.

Page 12: Code of Civil Procedure

Sec. 18Sec. 18: place of institution of the suit where : place of institution of the suit where local limit of jurisdiction of the court are local limit of jurisdiction of the court are uncertain, any of these court may record uncertain, any of these court may record statement and entertain the suit. statement and entertain the suit. Sec. 19Sec. 19: suit for compensation of wrong to : suit for compensation of wrong to person and movable, may file where cause person and movable, may file where cause action arise, or the def. resides or work for action arise, or the def. resides or work for gaingainSec.20Sec.20: A is a trades man in dhaka. B carries : A is a trades man in dhaka. B carries on business on ctg. B by his agent in dhk buys on business on ctg. B by his agent in dhk buys gods of A and request to deliver them to the gods of A and request to deliver them to the BD biman. A deliver the gods accordingly. A BD biman. A deliver the gods accordingly. A may sue for the price against B in dhk where may sue for the price against B in dhk where cause of action arisen, or ctg where B carries cause of action arisen, or ctg where B carries on business. on business. Sec. 21Sec. 21: no objection to jurisdiction: no objection to jurisdiction

Page 13: Code of Civil Procedure

Section 24Section 24

It relates to the general power of transfer or withdrawal. It relates to the general power of transfer or withdrawal. Grounds of transfer: Grounds of transfer:

-reasonable apprehension of not getting justice-reasonable apprehension of not getting justice- bias- bias- common question of fact and law in two suits - common question of fact and law in two suits

(such as application for analogous or simultaneous trial)(such as application for analogous or simultaneous trial)- conflicting decision and multiplicity of proceeding - conflicting decision and multiplicity of proceeding

( such as application for analogous or simultaneous trial)( such as application for analogous or simultaneous trial)- convenience of parties- convenience of parties

Page 14: Code of Civil Procedure

Sec. 35: determination of costs is full discretionary Sec. 35: determination of costs is full discretionary power of the court (subject to the limitation power of the court (subject to the limitation prescribed)prescribed)Sec. 35A: compensatory costs in respect of false Sec. 35A: compensatory costs in respect of false and vexatious claims and defenses may extend up and vexatious claims and defenses may extend up to 20,000 taka. to 20,000 taka. Sec. 38Sec. 38: a decree may be executed by the court : a decree may be executed by the court which passed it or send it to another court.which passed it or send it to another court. The court which passed it may on the The court which passed it may on the application of the decree holder send it for application of the decree holder send it for execution to another court under s. 39execution to another court under s. 39Sec. 48Sec. 48: limitation for filing execution of decree : limitation for filing execution of decree is 12 years.is 12 years.

Page 15: Code of Civil Procedure

Sections 55-59Sections 55-59These sections relate to arrest and detention of the These sections relate to arrest and detention of the judgement debtorjudgement debtorThe judgement debtor may be arrested in execution of The judgement debtor may be arrested in execution of decree and sent him or civil prison under s. 55decree and sent him or civil prison under s. 55Prohibition of arrest and detention of women in execution Prohibition of arrest and detention of women in execution of decree for money, s. 56of decree for money, s. 56Maximum period of detention is 6 months for above tk. Maximum period of detention is 6 months for above tk. 50, in other cases 6 weeks. S. 5850, in other cases 6 weeks. S. 58He shall be released by paying amount, on request of He shall be released by paying amount, on request of the person who applied for his detention (s.58), release the person who applied for his detention (s.58), release on the ground of illness (s. 59)on the ground of illness (s. 59)

Page 16: Code of Civil Procedure

Sections 60-64Sections 60-64

These sections deals with attachment These sections deals with attachment S. 60 mentions which property is liable to S. 60 mentions which property is liable to attachment and which is notattachment and which is notS. 61, partial exemption of agricultural S. 61, partial exemption of agricultural produceproduceAfter sunset and beore sunrise entering After sunset and beore sunrise entering into dwelling house is prohibited, s. 62into dwelling house is prohibited, s. 62

Page 17: Code of Civil Procedure

Sections 79-82Sections 79-82

These sections deal with suit by or against govt.These sections deal with suit by or against govt.A suit may be instituted against govt. after A suit may be instituted against govt. after expiration of 2 months next after delivering expiration of 2 months next after delivering notice (s. 80)notice (s. 80)If no such notice is given court shall not If no such notice is given court shall not allow less than 3 months to govt. to submit allow less than 3 months to govt. to submit WS (s. 80)WS (s. 80)S. 81: exemption of arrest and personal S. 81: exemption of arrest and personal appearanceappearance

Page 18: Code of Civil Procedure

Sections 96-112 relates to AppealSections 96-112 relates to Appeal

An appeal shall lie from every decree An appeal shall lie from every decree passed by any court exercising original passed by any court exercising original jurisdiction including ex parte unless such jurisdiction including ex parte unless such right is denied by other law. (s. 96)right is denied by other law. (s. 96) no appeal shall lie against a decree no appeal shall lie against a decree passed by the consent of the parties. (s. passed by the consent of the parties. (s. 96) 96) S. 104 deals with the order from which S. 104 deals with the order from which appeal lies. appeal lies.

Page 19: Code of Civil Procedure

continuedcontinued

Sec. 107: Power of Appellate CourtSec. 107: Power of Appellate Court- to determine a case finally- to determine a case finally- to remand case (O.43, R. 23)- to remand case (O.43, R. 23)- to frame issue and refer them for trial- to frame issue and refer them for trial- to take additional evidence (O.41, R. - to take additional evidence (O.41, R.

27)27)

Page 20: Code of Civil Procedure

Order 41 appeals from original Order 41 appeals from original decreedecree

A appeal shall be filed by presentation of A appeal shall be filed by presentation of memorandum containing the grounds of memorandum containing the grounds of objection. (R. 1) objection. (R. 1) Failing which it may be rejected or returned for Failing which it may be rejected or returned for amendment (R. 3)amendment (R. 3)The appellant is required to file an application The appellant is required to file an application praying for stay of execution of the decree and it praying for stay of execution of the decree and it is discretionary power of the court to accept or is discretionary power of the court to accept or refuse it (R. 5)refuse it (R. 5)Security in case of order for execution of decree Security in case of order for execution of decree appealed from (R. 6)appealed from (R. 6)

Page 21: Code of Civil Procedure

continuedcontinued

dismissed for default (R. 17)dismissed for default (R. 17)Appeal heard ex parte ( R. 17)Appeal heard ex parte ( R. 17)Re-admission of appeal DD (R. 19)Re-admission of appeal DD (R. 19)Directly re-admit appeal to avoid delay (R. 19A)Directly re-admit appeal to avoid delay (R. 19A)Power to adjourn hearing and direct persons Power to adjourn hearing and direct persons appearing interested to be made respondents (R. appearing interested to be made respondents (R. 20)20)If the court satisfied can re-hear the appeal passed If the court satisfied can re-hear the appeal passed ex parte on the application of the respondent (R. ex parte on the application of the respondent (R. 21)21)Directly rehear the appeal for avoiding delay (R. Directly rehear the appeal for avoiding delay (R. 21A)21A)

Page 22: Code of Civil Procedure

continuedcontinued

The judgement shall pronounce after giving The judgement shall pronounce after giving opportunities to the parties (R. 30)opportunities to the parties (R. 30)The judgement may be confirming, varying or The judgement may be confirming, varying or reversing the decree which the appeal is reversing the decree which the appeal is preferred (R. 32)preferred (R. 32)Certified copies of judgement and decree to Certified copies of judgement and decree to be furnished to the parties (R. 36)be furnished to the parties (R. 36)

***** Order 43 ***** Order 43

Page 23: Code of Civil Procedure

Where appeal liesWhere appeal lies

Appeal from DJ and ADJ shall lie to HCD (s. 20 Appeal from DJ and ADJ shall lie to HCD (s. 20 of Civil Courts Act)of Civil Courts Act)Appeal from orer or decree of JDJ where value Appeal from orer or decree of JDJ where value of original suit did not exceed 5 lac shall lie to of original suit did not exceed 5 lac shall lie to the DJ (s. 21 ibid)the DJ (s. 21 ibid) where value is exceeding 5 lac to the HCD (ibid)where value is exceeding 5 lac to the HCD (ibid)Appeal from and decree and order of senior Appeal from and decree and order of senior assistant judge or assistant judge shall lie to the assistant judge or assistant judge shall lie to the DJ (s. 21)DJ (s. 21)

Page 24: Code of Civil Procedure

Section 113Section 113 deals with reference to deals with reference to the HCD for opinion.the HCD for opinion.

Sections 114Sections 114 provides that any provides that any person aggrieved may apply for person aggrieved may apply for

review to the court which passed the review to the court which passed the decree or made the order, if no decree or made the order, if no appeal preferred or no appeal is appeal preferred or no appeal is

allowedallowed

Page 25: Code of Civil Procedure

Section 115: RevisionSection 115: RevisionAn aggrieved person can file an application for revision An aggrieved person can file an application for revision to the HCD against the decree or order (where no appeal to the HCD against the decree or order (where no appeal lies) passed by DJ or ADJ []s.115(1)lies) passed by DJ or ADJ []s.115(1)To the DJ against the decree or order passed by To the DJ against the decree or order passed by assistant judge or senior assistant judge or joint district assistant judge or senior assistant judge or joint district judge [s. 115(2)]judge [s. 115(2)]If the lower court have committed error of law resulting If the lower court have committed error of law resulting error in the in such decree or order occasioning failure of error in the in such decree or order occasioning failure of justicejusticeSecond revision can be made to the HCD if it grants Second revision can be made to the HCD if it grants leave for revision on an error of an important question of leave for revision on an error of an important question of law resulting in erroneous decision occasioning failure of law resulting in erroneous decision occasioning failure of justice [s.115(4)]justice [s.115(4)]

Page 26: Code of Civil Procedure

Section 122: The supreme court has the Section 122: The supreme court has the power to make rules for each division and power to make rules for each division and the procedure of civil courts. the procedure of civil courts. S. 135: no judge, magistrate and other S. 135: no judge, magistrate and other judicial officer hall be liable to arrest under judicial officer hall be liable to arrest under civil process while going to, presiding in, or civil process while going to, presiding in, or returning from his court. returning from his court. S. 142: All orders and notice given shall be S. 142: All orders and notice given shall be in writing in writing

Page 27: Code of Civil Procedure

Sections 151Sections 151 deals with inherent deals with inherent power of the courtpower of the court

Sections 153Sections 153 deals with general deals with general power to amendpower to amend

Page 28: Code of Civil Procedure

Order 1 of CPCOrder 1 of CPCR. 1 & 3: who may be joined as plaintiffs & defendants – R. 1 & 3: who may be joined as plaintiffs & defendants – simply the persons who brought separate suits or suit simply the persons who brought separate suits or suit were brought against such persons any common were brought against such persons any common question of fact and law would arisequestion of fact and law would ariseOnly on the ground of misjoinder and non- joinder of Only on the ground of misjoinder and non- joinder of party, the suit shall not be defeated (R.9), and objection party, the suit shall not be defeated (R.9), and objection as to such shall be taken at earliest possible time (R. 13)as to such shall be taken at earliest possible time (R. 13)R. 10:R. 10:

- suit in the name of wrong plaintiff, if court thinks - suit in the name of wrong plaintiff, if court thinks just shall add or substitute other person as plfjust shall add or substitute other person as plf

- court may at any stage of the trial strike out and - court may at any stage of the trial strike out and add parties.add parties.

Page 29: Code of Civil Procedure

Order 2Order 2suit shall include whole claim, R. 2suit shall include whole claim, R. 2A lets a house to B at yearly rent f tk. 5000. rent A lets a house to B at yearly rent f tk. 5000. rent for whole the year 2010, 2011, 2012 is due and for whole the year 2010, 2011, 2012 is due and unpaid. A in 2013 sue for only rent of 2010. a unpaid. A in 2013 sue for only rent of 2010. a shall not afterwards sue for the rent due for 2011 shall not afterwards sue for the rent due for 2011 and 2012 (R. 2)and 2012 (R. 2)Plf may unite the joinder of cause of action Plf may unite the joinder of cause of action against def. (R. 3)against def. (R. 3)All objection of misjoinder of cause of action All objection of misjoinder of cause of action shall be taken at earliest possible opportunities shall be taken at earliest possible opportunities (R. 7) (R. 7)

Page 30: Code of Civil Procedure

Order 6 of CPCOrder 6 of CPCPleadings shall mean plaint or written statement (R. 1)Pleadings shall mean plaint or written statement (R. 1)Pleadings shall contain material facts not law and Pleadings shall contain material facts not law and evidence and it should be concise (R. 2)evidence and it should be concise (R. 2)Every particulars necessary shall be stated (r. 4)Every particulars necessary shall be stated (r. 4)Every pleading shall be signed by the party or his Every pleading shall be signed by the party or his authorised agent if necessary and by pleader (R. 14)authorised agent if necessary and by pleader (R. 14)The document if necessary to state shall state precise The document if necessary to state shall state precise and concise way (R. 9)and concise way (R. 9)R. 15: verification of pleadings, shall be signed and R. 15: verification of pleadings, shall be signed and dated by person who making it at the foot of the dated by person who making it at the foot of the pleadings. pleadings. The court may strike out or amend any matter in The court may strike out or amend any matter in pleadings which is necessary (R. 16)pleadings which is necessary (R. 16)R. 17: the court may amend the pleadings at any stage R. 17: the court may amend the pleadings at any stage of the trial unless it changes the nature of the suit. of the trial unless it changes the nature of the suit.

Page 31: Code of Civil Procedure

Order 7 of CPCOrder 7 of CPCR. 1R. 1: The plaint shall contain name of the court; : The plaint shall contain name of the court; name, description, place of residence of the plaintiff name, description, place of residence of the plaintiff and defendant, cause of action, jurisdiction of the and defendant, cause of action, jurisdiction of the court, value of the subject matter, court fees paid.court, value of the subject matter, court fees paid.R. 3R. 3: if he subject mater of the suit is immovable : if he subject mater of the suit is immovable property, then plaint shall contain a description of property, then plaint shall contain a description of the property and specify the boundaries or number the property and specify the boundaries or number The defendant interest and liability shall show The defendant interest and liability shall show (R. 5) (R. 5) Every relief shall be specifically stated (R. 6)Every relief shall be specifically stated (R. 6)R. 10: Return of plaintR. 10: Return of plaint

- If the court has no jurisdiction either pecuniary or territorial - If the court has no jurisdiction either pecuniary or territorial can return the plain. can return the plain.

Page 32: Code of Civil Procedure

continuedcontinued

R. 11: rejection of plaintR. 11: rejection of plaint- no cause of action- no cause of action- relief claimed is undervalued- relief claimed is undervalued- insufficient stamp- insufficient stamp-barred by any law-barred by any law

*** where evidence is required to establish plea of res *** where evidence is required to establish plea of res judicata, the rejection of plaint on the ground of res judicata, the rejection of plaint on the ground of res judicata can not be sustained. judicata can not be sustained.

*** the time fixed for the correction of the valuation or *** the time fixed for the correction of the valuation or supplying of the requisite stamp shall not exceed supplying of the requisite stamp shall not exceed 21 days21 daysR. 13: rejection of plaint doesn’t preclude R. 13: rejection of plaint doesn’t preclude presentation of fresh plaint. presentation of fresh plaint.

Page 33: Code of Civil Procedure

Order 8 of CPCOrder 8 of CPC

R. 2: new fact must be specifically pleadedR. 2: new fact must be specifically pleadedR. 3 denial to be specific R. 3 denial to be specific R. 6: set-off, demand ascertain sum of R. 6: set-off, demand ascertain sum of moneymoney

Page 34: Code of Civil Procedure

Order 9 of CPCOrder 9 of CPC

R. 2: dismissal of the suit where summons not R. 2: dismissal of the suit where summons not served in consequences of plaintiffs failure to served in consequences of plaintiffs failure to paypayR. 3: where neither party appears suit to be R. 3: where neither party appears suit to be dismissed dismissed R. 4: dismissal under r. 2, 3 plf may file fresh suit R. 4: dismissal under r. 2, 3 plf may file fresh suit or court may restore the suitor court may restore the suitR. 6: when plf appears but def does not and R. 6: when plf appears but def does not and summons duly served court may proceed ex summons duly served court may proceed ex parte parte

Page 35: Code of Civil Procedure

continuedcontinued

R. 8: when plf does not appear but def appear, R. 8: when plf does not appear but def appear, suit shall be dismissedsuit shall be dismissedR. 9: under r. 8 suit is dismissed, the plf has bar R. 9: under r. 8 suit is dismissed, the plf has bar to file fresh suit, but can apply for set aside to file fresh suit, but can apply for set aside dismissal order.dismissal order.R. 9A: court may directly set aside the dismissal R. 9A: court may directly set aside the dismissal order with cost of order with cost of not exceeding TK.1000not exceeding TK.1000 R. 13: setting aside ex parte decreeR. 13: setting aside ex parte decreeR. 13A: directly setting aside ex parte with costs R. 13A: directly setting aside ex parte with costs of of not exceeding TK. 3000 within 30 days of not exceeding TK. 3000 within 30 days of date of decree passed. date of decree passed.

Page 36: Code of Civil Procedure

Order 10, 11, 12Order 10, 11, 12

Order 10: Examination of parties by the Order 10: Examination of parties by the courtcourtOrder 11: Discovery and inspectionOrder 11: Discovery and inspectionOrder 12: AdmissionOrder 12: Admission

Page 37: Code of Civil Procedure

Order 14, 15, 16, 17Order 14, 15, 16, 17

Order 14: it relates to the framing of issues Order 14: it relates to the framing of issues and other related mattersand other related mattersOrder 15: disposal of the suit at the first Order 15: disposal of the suit at the first hearinghearingOrder 16: summons and attendance of the Order 16: summons and attendance of the witnesswitnessOrder 17: adjournmentOrder 17: adjournment

Page 38: Code of Civil Procedure

Order 18, 19, 20, 21, 22 Order 18, 19, 20, 21, 22

Order 18: hearing of the suit and examination of Order 18: hearing of the suit and examination of the witnessesthe witnessesOrder 19: affidavitOrder 19: affidavitOrder 20: judgement and decreeOrder 20: judgement and decreeOrder 21: execution of decree and orderOrder 21: execution of decree and orderOrder 22: it deals with death of the parties and Order 22: it deals with death of the parties and other related matterother related matter

- R. 1,2,3,4 and r.9(effect of abatement), r. - R. 1,2,3,4 and r.9(effect of abatement), r. 9A (directly setting aside abatement) are 9A (directly setting aside abatement) are importantimportant

Page 39: Code of Civil Procedure

Order 23 of CPCOrder 23 of CPC

R. 1: the plaintiff may withdraw the suit at R. 1: the plaintiff may withdraw the suit at any time after institution of the suitany time after institution of the suitR. 2: to institute a fresh suit the plf shall be R. 2: to institute a fresh suit the plf shall be bound by law of limitation bound by law of limitation R. 3: compromise of the suitR. 3: compromise of the suit

Page 40: Code of Civil Procedure

Order 26 & 27Order 26 & 27

Or. 26 R. 9Or. 26 R. 9: commission to make local : commission to make local investigationinvestigationThe report of the commissioner is to be The report of the commissioner is to be evidence in suit, and the commissioner evidence in suit, and the commissioner may be examined in open court by the may be examined in open court by the parties parties (O. 26 R. 10(O. 26 R. 10))O. 26 R. 20O. 26 R. 20: application for commission to : application for commission to the HCDthe HCDOrder. 27Order. 27: suit by or against govt. : suit by or against govt.

Page 41: Code of Civil Procedure

Order 32 & 33 of CPCOrder 32 & 33 of CPC

Order 32: suit by or against minors and Order 32: suit by or against minors and unsound person shall be instituted by his unsound person shall be instituted by his next friend (r. 1 & 15)next friend (r. 1 & 15)Order 33: suit may be instituted by pauper, Order 33: suit may be instituted by pauper, pauper means to unable to pay the fee pauper means to unable to pay the fee prescribed by law for plaint in such suit or prescribed by law for plaint in such suit or who is not entitled to worth TK. 5000who is not entitled to worth TK. 5000

Page 42: Code of Civil Procedure

Order 35: InterpleaderOrder 35: Interpleader

1.1. The plaintiff claims no interest to the subject The plaintiff claims no interest to the subject matter but matter but 2.2. defendants claim adversely to one defendants claim adversely to one another and another and 3.3. there is no collusion between there is no collusion between plaintiff and defendant and plaintiff and defendant and 4.4. plaintiff is ready to plaintiff is ready to pay or deliver property to one of the defendant pay or deliver property to one of the defendant (R. 1)(R. 1)When a person deposit money to a bank and When a person deposit money to a bank and there is dispute between him and other for there is dispute between him and other for ownership, bank can file an interpleader suitownership, bank can file an interpleader suit

Page 43: Code of Civil Procedure

Order 39 of CPCOrder 39 of CPC

R. 1: cases in which temporary injunction R. 1: cases in which temporary injunction be granted :-be granted :-i. any property in dispute is in danger of i. any property in dispute is in danger of being wasted alienated damaged, or being wasted alienated damaged, or wrongfully sold in the execution of decreewrongfully sold in the execution of decreeii. Defendants threatens or intends to ii. Defendants threatens or intends to remove or dispose of his propertyremove or dispose of his propertyiii. Court can grant temporary injunctioniii. Court can grant temporary injunctioniv. Application as to make by affidavit iv. Application as to make by affidavit

Page 44: Code of Civil Procedure

continuedcontinued

R. 2: the order granted under r. 1 , if R. 2: the order granted under r. 1 , if breach of such order or order continues breach of such order or order continues court may order court may order to furnish securityto furnish security or or attachment of the property not more then 1 attachment of the property not more then 1 yearyear or or sold the property, pay the balancesold the property, pay the balance or give or give him civil prison not more than 6 him civil prison not more than 6 monthsmonthsR. 4: R. 4: order for injunction may be order for injunction may be discharged, varied or set aside on the discharged, varied or set aside on the application made by the parties dissatisfiedapplication made by the parties dissatisfiedR. 7: inspection of the subject matter. R. 7: inspection of the subject matter.

Page 45: Code of Civil Procedure

Order 40, 47Order 40, 47

Order 40: appointment of receiverOrder 40: appointment of receiverorder 47: revieworder 47: review

Page 46: Code of Civil Procedure

Suggestion: it is better to study Suggestion: it is better to study the statute as a whole and build the statute as a whole and build better understanding about the better understanding about the

precedent. precedent.

Page 47: Code of Civil Procedure

Best of LuckBest of Luck