Section-9.

Courts to try all civil suits unless barred:

The Courts shall (subject to the provisions herein cone tamed) have jurisdiction to try all suits of
a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
Explanation.- A suit is which the right to property or to an office is contested is a suit of a civil
nature, notwithstanding that such right may depend entirely on the decision of questions as to
religious rites or ceremonies.
Punjab Amendment:
In section-9, after the word “impliedly barred” the words “or for which a general or a special
law is in force” shall be inserted.
Explanation:
A suit in which the right to the property or to in office is contested is a suit of a civil nature,
notwithstanding that such right may depend entirely on the decision of questions as to religious
rights or ceremonies.
Section-10. Stay of suit:
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 1[Pakistan] having jurisdiction to grant the relief
claimed, or in any Court beyond the limits of 1[Pakistan] established or continued by 2[the
Central Government 3***] and having like jurisdiction, or before 4[the Supreme Court].
Explanation.- The pendency of a suit in a foreign Court does not preclude the Courts in
1[Pakistan] from trying a suit founded on the same cause of action.
Section-11. Res Judicata:
No Court shall try suit or issue in which the matter directly and substantially in issue has been
directly and substantially in issue in a former suit between the same parties, or between parties
under whom they or any of them claim, litigating under the same title, in a Court competent to
try such subsequent suit or the suit in which such issue has been subsequently raised, and has
been heard and finally decided by such Court.
Explanation I: The expression "former suit" shall denote a Suit which has been decided prior to
the suit in question whether or not it was instituted prior thereto.
Explanation II: For the purposes of this section, the competence of a Court shall be determined
irrespective of any provisions as $0 a right of appeal from the decision of such Court.
Explanation III: The matter above referred to must in the former suit have been alleged by one
party and either denied or admitted, expressly, or impliedly by the other.
Explanation 1V: Any matter which might and ought to have been made ground of defence or
attack in such former suit shall be deemed to have been a matter directly and substantially in
issue -in such suit.
Explanation V: Any relief claimed in the plaint, which is not expressly granted by the decree,
shall, for the purposes of this section, be deemed to have been refused.
Explanation VI: Where persons litigate bona fide in respect of a public right or of a private right
claimed in common for themselves and others, all persons interested in such right shall, for the
purposes of this section, be deemed to claim under the person so litigating.
Section-12. Bar to further suit:
1[(1)] Where a plaintiff is preclude by rules from instituting a further suit in respect of any
particular cause of action, he shall not be entitled to institute a suit in respect of such cause of
action in any Court to which this Code applies.
1[(2) Where a person challenges the validity of a judgment, decree or order on the pica of fraud,
misrepresentation or want of jurisdiction, he shall seek his remedy by making an application to
the Court which passed the final judgment, decree or order and not by a separate suit.]
Punjab Amendment:
In section-12, after sub-section (2) the following new sub-section (3) shall be inserted.
“(3) for the purposes of the disposal of an application under sub-section (2), the court may, in
the interest of expeditious disposal, apply such fair procedure as the circumstances of the case
warrant, and shall, unless, for reasons to be recorded it directs otherwise, order any fact to be
proved or disproved by affidavit.”
PLACE OF SUING
Section-15. Court in which suits to be instituted:
Every suit shall be instituted in the Court of the lowest grade competent to try it.
Section-16. Suits to be instituted where subject-matter situate:
Subject to the pecuniary or other limitations prescribed by any law, suits;
(a) for the recovery of immovable property- with or without rent or profits;
(b) for the partition of Immovable property;
(c) for foreclosure, sale or redemption In the case of a mortgage of or charge upon immovable
property,
(d) for the determination of any other right to or Interest in immovable property;
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment;
shall be instituted in the Court within the local limits of whose jurisdiction the property is
situated or, in the case of suits referred to in- clause (c), at, at the place where the cause of action
his wholly or partly arisen: -
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable
property held by or on behalf of the defendant may, where the relief sought can be entirely
obtained through his personal obedience, be instituted either in the Court within the local limits
of whose jurisdiction the property is situate 1[or, in the case of suits referred to in clause (c), at
the place where the cause of action has wholly or partly arisen) or in the Court within the local
limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on
business, or personally works for gain.
Explanation: In this section "property" means property situate in 2[Pakistan].
16. Subject to the pecuniary or other limitations prescribed by any law, suits;
(a) for the recovery of immovable property- with or without rent or profits;
(b) for the partition of Immovable property;
(c) for foreclosure, sale or redemption In the case of a mortgage of or charge upon immovable
property,
(d) for the determination of any other right to or Interest in immovable property;
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment;
shall be instituted in the Court within the local limits of whose jurisdiction the property is
situated '[, or, in the case of suits referred to in- clause (c), at, at the place where the cause of
action his wholly or partly arisen: -
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable
property held by or on behalf of the defendant may, where the relief sought can be entirely
obtained through his personal obedience, be instituted either in the Court within the local limits
of whose jurisdiction the property is situate 1[or, in the case of suits referred to in clause (c), at
the place where the cause of action has wholly or partly arisen) or in the Court within the local
limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on
business, or personally works for gain.
Explanation.- In this section "property" means property situate in 2[Pakistan].
Section-17. Suits for immovable property situate within jurisdiction of different Courts:
Where a suit is to obtain relief respecting, or compensation for wrong to immovable property
situate within the jurisdiction of different Courts, the suit may be instituted in any Court within
the local limits of whose jurisdiction any portion of the property is situate: -
Provided that, in respect of the value of the subject-matter of the suit, the entire claim is
cognizable by such Court.
Section-18. Place of institution of suit where local limits of jurisdiction of Courts are
uncertain:
(1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two
or more Courts any immovable property is situate, any one of those Courts may, if satisfied that
there is ground for the alleged uncertainty, record a statement to that effect and thereupon
1iroceed to entertain and dispose of any suit relating to that property, and its decree in the suit
shall have the same effect as if the property were situate within the-local limits of its
jurisdiction:
Provided that the suit is one with respect to which the Court is competent as regards the nature
and value of the suit to exercise jurisdiction.
(2) Where a statement has not been recorded under subs section (1), and an objection is taken
before an appellate or revisional Court that a decree or order in a suit relating to such property
was made by a Court not having jurisdiction where the property is situate, the appellate or
revisional Court shall not allow the objection unless in its opinion there was, at the time of the
institution of the suit, no reasonable ground for uncertainty as to the Court having jurisdiction
with respect thereto and there has been consequent failure of justice.
Section-19. Suits for compensation for wrongs to person or movables:
Where a suit is for compensation for wrong done to the person or to movable property, if the
wrong was done within the local limits of the jurisdiction of one Court and the defendant
resides, or carries on business, or personally works for gain, within the local limits of the
jurisdiction of another Court, the suit may be instituted -at the option of the plaintiff in either of
the said Courts.
Illustrations
(a) A, residing in '[Karachi], beats B in 1[Quetta]. B may sue A either in I[Quetta or 1[Karachi].
(b) A, residing in [Karachi] published in [Quetta] statements defamatory of B. B may sue A
either in [Quetta] or in [Karachi].
Section-20. Other suits to be instituted where defendants resides or cause of action arises:
Subject to the limitations aforesaid, every suit shall be in a Court within the local limits of
whose jurisdiction.
(a) the defendant-, or each of the defendants where there are more than one, at the time of the
commencement of the suit, actually and voluntarily resides, or carries on business, or
personally works for gain; or
(b) any of the defendants, where there are more than one, at the time of the commencement of
the suit, actually and voluntarily resides, or carries on business, or personally works for gain,
provided that in such case either of the Court is given, or the defendants who reside, or carry on
business, or personally work as aforesaid, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
Explanation I.- Where a person has- a one place and also a temporary residence shall be deemed
to reside at both places in action arising at the place where he residence.
Explanation II.-A corporation shall be deemed to carry on business at its sole or principal office
in '[Pakistan] or, in respect of any cause of action arising at any place where it has also a
subordinate office, at such place.
Illustrations:
(a) A is a tradesman in [Lahore]. B carries on business in [Karachi]. B, by his agent in [Lahore],
buys goods of A and requests A to deliver them to the [Pakistan International Airways]. A
delivers the goods accordingly in [Lahore]. A may sue B for the price of the goods either in
[Lahore] where the cause of action has arisen or in [Karachi] where B carries on business.
(b) A resides at [Murree], B at [Lahore], and C at [Karachi]. A, B and C being together at
[Bahawalpur] B and C make a joint promissory note payable on demand, and deliver it to A. A
may sue B and C at [Bhawalpur], where the cause of action arose. He may also sue them at
[Lahore], where B resides, or at [Karachi], where C resides: but in each of these cases, if the non-
resident defendant objects, the suit cannot proceed without the leave of the Court.
 QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE
Section-47. Questions to be determined by the Court executing decree:
(1) All questions arising between the parties to the suit in which the decree was passed, or their
representatives, and relating to the execution, discharge or satisfaction of the decree, shall be
determined by the Court executing the decree and not by a separate suit.
(2) The Court may, subject to any objection as to limitation or jurisdiction, treat a
proceeding under this section as a suit or a suit as a proceeding and may, if necessary, order
payment of any additional court-fees.
(3) Where a question arises as to whether any person is or is representative of a party,
such question shall, for the purpose of this section, be determined by the Court.
Explanation: For the purposes of this section, a plaintiff whose suit has been dismissed and a
defendant against whom a suit has been dismissed, are parties to the suit.

INCIDENTAL PROCEEDINGS
COMMISSIONS
Section-75. Power of Court to issue commissions:
Subject to such conditions .and limitations as may be prescribed the Court may issue a
commission-.
(a) to examine any person ;
(b) to make a local investigation;
(c) to examine or adjust accounts; or
(d) to make a partition.
PART VII
APPEALS FROM ORIGINAL DECREES
Section-96. Appeal from original decree:
(1) Save where otherwise expressly provided in the body of this Code or by any other law for
the time being in force, an appeal shall lie from every decree passed by any Court exercising
original jurisdiction to the Court authorized to hear appeals from the decisions of such Court.
(2)An appeal may lie from an original decree passed ex-parte.
(3) No appeal shall lie from a decree passed by the Court With the consent of panics.

APPEALS FROM ORDERS

Section-104. Orders from which appeal lies:
(1) An appeal. shall lie from the following orders, and save as otherwise express1y provided In
the body of this Code or by any law for the time being in force, from no other orders: -
2[f) an order under section 35-A;
(ff) an order under section 47;]
(g) an order under section 95;
(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or
detention in the civil prison of any person except where such arrest or detention is in execution
of a decree;
(i) any order made under rules from which an appeal is express1y allowed by rules:
[Provided that no appeal shall lie against any order specified in clause (f) save on the ground
that no order, or an order for the payment of a Jess amount, ought to have been made].
(2) No appeal shall lie from any order passed in appeal under this section.
Punjab Amendment:
In section-104, after clause (ff), the following new clause (fff) shall be inserted.
“(fff) an order under section 91 or section 92 refusing leave to institute a suit”.
Islamabad Capital territory Amendment:
In section 104, after clause (ff) the following new clause shall be inserted, namely:
“(fff) an order under section 91 or section 92 refusing leave to institute a suit”.
Section-115. Revision:
1[(1 )} The High Court may call for the record of any case which has been decided by any Court
subordinate to such High Court and in which no appeal lies thereto, and if such subordinate
Court appears
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the
High Court may make such order in the case as it thinks fit;
[Provided that where a person makes an application under this subsection, he shall in support
of such application, furnish copies of the pleadings, documents and order of the subordinate
Court and the High Court shall, except for reasons to be recorded, dispose of such application
without calling for the record of the subordinate Court.]
[Provided further that such application shall be made within ninety days of the decision of the
subordinate Court] 4[which shall provide a copy of such decision within three days thereof and
the High Court shall dispose of such application within six months],
(2) The District Court may exercise the powers conferred on the High Court by subsection (I) in
respect of any case decided by a Court subordinate to such District Court in which no appeal
lies and the amount or value of the subject-matter whereof does not exceed the limits of the
appellate jurisdiction of the District Court.
(3) If any application under subsection (l) in respect of a case within the competence of the
District Court has been made either to the High Court or the District Court, no further such
application shall be made to either of them. (4) No proceedings in revision shall be entertained
by the High Court against an order made under subsection (2) by the District Court.]
Punjab Amendment:
In section 115
(a) In sub-section (1), for the second proviso, the following shall be substituted:
“Provided further that the sub-ordinate Court shall provide copies of the documents to a
person within three days of decision, and the High Court shall dispose of such application
within 6 months and
(b) After sub-section (4), the following new sub-section (5) shall be inserted:
 “(5) No proceedings in revision shall be entertained by the High Court against an order
passed by the District Court under section 104”.

Section-151. Saving of inherent powers of Court:

Nothing in this Code shall be deemed to limit or 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.
Punjab Amendment:
In section 151, after the word “Court” occurring for the first time, the exercised, to be exercised
after recording reasons in writing shall be inserted.

ORDER I
PARTIES TO SUITS

Rule 1. Who may be joined as plaintiffs:

All persons may be joined in one suit as Plaintiffs in whom any right to [relief in respect of or
transaction or series of acts or transactions is alleged to exit, whether jointly, severally or in the
alternative, where, if such persons brought separate suits, any common question of law or fact
would arise.
Rule 2. Power of Court to order separate trials:
Where it appears to the Court that any joinder of plaintiffs may embarrass or delay the trial of
the suit, the Court may put the plaintiffs to their election or order separate trials or make such
other order as may be expedient.
Rule 3. Who may joined as defendants:
All persons may be joined as defendants against whom any right to relief in respect of or arising
out of the same act or transaction or series of acts or transactions is alleged to exist, Whether
jointly, severally or in the alternatively, where, if separate suits were brought against such
persons, any common quest on of law or fact would arise.
Rule 4. Court may give judgment for or against one or more of joint parties:
Judgment may be given without any amendment-
Rule 5. Defendant need not to be interested in all the relief claimed:
It shall not be necessary that every defendant shall be interested as to all the relief claimed in
any suit against him.
Rule 6. Joinder of parties liable on same contract:
The plaintiff may, at his option, join as same suit nil or any of the persons severally, severally,
liable on any one contract, including exchange, hundis and promissory notes.
Rule 7. When plaintiff in doubt from whom redress is to be sought:
Where the plaintiff is in doubt as to the person from whom be is entitled to obtain redress, he
may join two or more defendants in order that the question as to winch of the defendants is
liable, and to what extent, may be determined as between all parties.
Rule 8. One person may sue or defend on behalf of all in same interest:
(1) Where there are numerous persons having the same interest in one suit, one or more of such
persons may, with the permission of the Court, sue or be sued, or may defend, in such suit, on
behalf of or for the benefit of all persons so interested. But the Court shall in such case give, at
the plaintiff's expense, notice of the institution of the suit to all such persons either by personal
service or, where from the number of persons or any other cause such service is not reasonably
practicable, by public advertisement, as the Court in each case may direct.
Rule 9. Misjoinder and non-joinder:
No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court
may in the matter in controversy so far as regards the rights and interests of the parties actually
before it.
Rule 10. Suit in name of wrong plaintiff:
(1) Where a suit has been instituted in the name of the wrong person as plaintiff or where it is
doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any
stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and
that it is necessary for the determination of the teal matter in dispute so to do, order any other
person to be substituted or added as plaintiff upon such terms as the Court thinks just.
(2) The Court may at any stage of the proceedings, either upon or without the application of
either party, and on such terms as may appear to the Court to be just, order that the name of
any party improperly joined, whether as plaintiff or defendant, struck out, and that the name of
any person who ought to have been joined, whether as plaintiff or defendant, or whose
presence before the Court may be necessary in order to enable the Court unless the as may be
the plaint thinks fit, effectually and completely to adjudicate upon and settle all the questions
involved in the suit, be added.
(3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a
plaintiff under any disability without his consent.
(4) Where a defendant is added, the plaint shall, Court otherwise directs, be amended. in such
manner necessary, and amended copies of the summons and of shall be served on the new
defendant and, if the Court on the original defendant.
(5) Subject to the provisions of the (IX of 1908], section 22, the proceedings added as defendant
shall be deemed to service of the summons.
Rule 11. Conduct of Court:
The Court may give the conduct of the suit to such person as it deems proper.
HIGH COURT AMENDMENT-LAHORE (Notification No.237/Legis/XI-Y-26, dated 15.8.2018
For rule 11, the following shall be substituted:
“11. Conduct of suit: The court shall, at the time of framing of the issues, give the conduct of the
suit to such party as it deems proper for expeditious adjudication of the suit.”
Rule 12. Appearance of one several plaintiffs or defendants for others:
(1) here there are more plaintiffs than one, any one or more of them may be authorized by any
other of them to appear, plead or act for such other, in any proceedings; and in like manner,
where there are more defendants than one, any one or more of them may be authorized by any
other of them to appear, plead or act for such other in any proceeding.
(2) The authority shall be in writing signed by the party giving it and shall be filed in Court.

Rule 13. Objections as to non-joinder or misjoinder:

All objections on the ground of non-joinder or misjoinder of parties shall be taken at the earliest
possible opportunity and, in all cases where issues are settled, at or before such settlement,
unless the ground of objection has subsequently, arisen, and any such objection not so taken
shall be deemed to have been waived.

ORDER VI
PLEADINGS GENERALLY
Rule 1. Pleading:
"Pleading" shall mean plaint or written statement.
Rule 2. Pleading to state material facts and not evidence:
Every pleading shall contain, and contain only, a statement in a concise form of the material
facts on which the party pleading relies for his claim or defence, as the case may be, but not the
evidence by which they are to be proved, and shall, when necessary, be divided into
paragraphs, numbered consecutively-Dates, sums and numbers shall be expressed in figures.
Rule 3. Forms of pleading:
The forms in Appendix A when applicable, and where they are not applicable forms of the like
character, as nearly as may be, shall be used for all pleadings.
Rule 4. Particulars to be given where necessary:
In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust,
willful default, or undue influence, and in all other cases in which particulars may be necessary
beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if
necessary) shall be stated in the pleading.
Rule 5. Further and better statement, or particulars:
A further and better statement of nature of the claim or defence, or further and better
particulars of any matter stated in any pleading, may in all cases be ordered, upon such terms
as to costs and otherwise, as may be just.
Rule 6. Condition precedents:
Any condition precedent the performance or occurrence of which is intended to be contested,
shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be;
and, subject thereto, an averment of the performance or occurrence of all conditions precedent
necessary for the case of the plaintiff or defendant shall be implied in his pleading.
Rule 7. Departure:
No pleading shall, except by way of amendment, raise any new ground of claim or contain any
allegation of fact inconsistent with the previous pleadings of the party pleading the same.
Rule 8. Denial of contract:
Where a contract is alleged in any pleading, a bare denial of the same by the opposite-party
shall be construed only as a denial in fact of the express contract alleged or of the matters of fact
from which the same may be implied, and not as a denial of the legality or sufficiency in law of
such contract.
Rule 9. Effect of document to be stated:
Wherever the contents of any document are material, it shall be sufficient in any pleading to
state the effect thereof as briefly as possible, without setting out the whole or any part thereof,
unless the precise words of the document or any part thereof are material.
Rule 10. Malice, knowledge etc:
Wherever it is material to allege, malice fraudulent intention, knowledge or other condition of
the mind of any person, it shall be sufficient to allege the same as a fact without setting out the
circumstances from which the same is to be inferred.
Rule 11. Notice:
Wherever it is material to allege notice to any person of any fact, matter or thing, it shall be
sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or
the circumstances from which such notice is to be inferred, are material.
Rule 12. Implied contract or relation:
Whenever any contract or any relation between any persons is to be implied from a series of
letters or conversations or otherwise from a number of circumstances, it shall be sufficient to
allege such contract or relation as a fact, and to refer generally to such letters, conversations or
circumstances without setting them out in detail. And if in such case the person so pleading
desires to rely in the alternative upon more contracts or relations than one as to be implied from
such circumstances, he may state the same in the alternative.
Rule 13. Presumptions of law:
Neither party need in any pleading allege any matter of fact which the law presumes in his
favour or as to which the burden of proof lies upon the other side unless the same has first been
specifically denied (e.g., consideration for a bill of exchange where the plaintiff sues only on the
bill and not for the consideration as a substantive ground of claim).
Rule 14. Pleading to be signed:
Every pleading shall be signed by the party and his pleader (if any): Provided that where a
party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it
may be signed by any person duly authorized by him to sign the same or to sue or defend on
his behalf.
Rule 15. Verification of pleadings:
(1) Save as otherwise provided by any law for the time being in force, every pleading shall be
verified [on oath or solemn affirmation] at the foot by the party or by one of the parties pleading
or by some other person proved to the satisfaction of the Court to be acquainted with the facts
of the case.
(2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading,
what he verifies of his own knowledge and what he verifies upon information
(3) The verification shall be signed by the person making it and shall state the date on which
and the place at which it was signed.
Rule 16. Striking out pleadings:
The Court may at any stage of the proceedings order to be struck out or amended any matter in
any pleading which may be unnecessary or scandalous or which may tend to prejudice,
embarrass or delay the fair trial of the suit.
Rule 17. Amendment of pleadings:
The Court may at any stage of the proceedings allow either party to alter or amend his
pleadings in such manner and on such terms as may be just, and all such amendments shall be
made as may be necessary for the purpose of determining the real questions in controversy
between the parties.
Rule 18. Failure to amend after order:
If a party who has obtained an order for leave to amend does not amend accordingly within the
time limited for that purpose by the order, or if no time is thereby limited then within fourteen
days from the date of the order, he shall not be permitted to amend after the expiration of such
limited time as aforesaid or of such fourteen days, as the case may be, unless the time is
extended by the Court.
ORDER VII
PLAINT

Rule 1. Particulars to be contained in plaint:

The plaint shall contain the following particulars:-
a) the name of the Court in which the suit is brought;
b) the name, description and place of residence of the plaintiff;
c) the name, description and place of residence of the defendant, so far as they can be
ascertained;
d) where the plaintiff or the defendant is a minor or a person of unsound mind, a
statement to that effect;
e) the facts constituting the cause of action and when it arose;
f) the facts showing that the Court has jurisdiction;
g) the relief which the plaintiff claims;
h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the
amount so allowed or relinquished; and
i) a statement of the value of the subject-matter of the suit for the purposes of
jurisdiction and of court-fees so far as the case admits.
Rule 2. In Money Suits:
Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount
claimed;
But where the plaintiff sues for mesne profits, or for an amount which will be found due
to him on taking unsettled accounts between him and the defendant, the plaint shall state
approximately the amount sued for.
Rule 3. Where the subject-matter of the suit is immovable property:
Where the subject-matter of the suit is immovable property, the plaint shall contain a
description of the property sufficient to identify it, and, in case such property can be identified
by boundaries or numbers in a record of settlement of survey, the plaint shall specify such
boundaries or numbers.
Rule 4. When plaintiff sues as representative:
Where the plaintiff sues in a representative character the plaint shall show not only that he has
an actual existing interest in the subject-matter, but that he has taken the steps (if any) necessary
to enable him to institute a suit concerning it.
Rule 5. Defendant’s interest and liability to be shown:
The plaint shall show that the defendant is or claims to be interested in the subject-matter, and
that he is liable to be called upon to answer the plaintiff's demand.
Rule 6. Grounds of exemption from limitation law:
Where the suit is instituted after the expiration of the period prescribed by the law of limitation,
the plaint shall show the ground upon which exemption from such law is claimed.
Rule 7. Relief to be specifically stated:
Every plaint shall state specifically the relief which the plaintiff claims either simply or in the
alternative, and it shall not be necessary to ask for general or other relief which the plaintiff
claims either simply or in the alternative, and it shall not be necessary to ask for general or other
relief which may always be given as the Court may think just to the same extent as if it had been
asked for. And the same rule shall apply to any relief claimed by the defendant in his written
statement.
Rule 8. Relief founded on separate grounds:
Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded
upon separate and distinct grounds they shall be stated as far as may be separately and
distinctly.
Rule 9. Procedure of admitting plaint:
The plaintiff shall endorse on the plaint, or annex thereto, a list of the documents (if any) which
he has produced along with it.
1(A) [The plaintiff shall present with his plaint –
a) As many copies on plain paper of the plaint as there are defendants, plus two extra
copies, unless the Court, by reason of the length of the plaint or the number of the defendants,
or for any other sufficient reason, permits him to present a like number of concise statements of
the nature of the claim made, or of the relief claimed in the suit, in which case he shall present
such statements; and
b) Draft forms of summons and fees for service thereof]
2. Where the plaintiff sues, or the defendant or any of the defendants is sued, in a
representative capacity, such statements shall show in what capacity the plaintiff or defendant
sues or is sued.
3. The plaintiff may, by leave of the Court, amend such statements so as to make them
correspond with the plaint.
4. The chief ministerial officer of the Court shall sign such list and copies or statements
if, on examination, he finds them to be correct.
Rule 10. Return of plaint:
(1) The plaint shall at any stage of the suit be returned to be presented to the Court in which the
suit should have been instituted.
(2) On returning a plaint the Judge shall endorse thereon the date of its presentation and
return, the name of the party presenting it, and a brief statement of the reasons for returning it.
Rule 11. Rejection of plaint:
The plaint shall be rejected in the following cases:-
a) where it does not disclose a cause of action:
b) where the relief claimed is under-valued, and the plaintiff, on being required by the
Court to correct the valuation within a time to be fixed by the Court, fails to do so:
c) where the relief claimed is properly valued, but the plaint is written upon paper
insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite
stamp-paper within a time to be fixed by the Court, fails to do so:
d) where the suit appears from the statement in the plaint to be barred by any law.
Rule 12. Procedure on rejecting plaint:
Where a plaint is rejected the Judge shall record an order to that effect with the reasons for such
order.
Rule 13. Where rejection of plaint does not preclude presentation of fresh plaint:
The rejection of the plaint on any of the grounds hereinbefore mentioned shall not of its own
force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.
Documents relied on in Plaint
Rule 14. Production of document on which plaintiff sues:
(1) Where a plaintiff sues upon a document in his possession or power, he shall produce it in
Court when the plaint is presented, and shall at the same time deliver the document or a copy
thereof to be filed with the plaint.
(2) Where he relies on any other documents (whether in his possession or power or not) as
evidence in support of his claim, he shall enter such documents in a list to be added or annexed
to the plaint.
Rule 15. Statement in case of documents not in plaintiff’s possession or power:
Where any such document is not in the possession or power of the plaintiff, he shall, if possible,
state in whose possession or power it is.
Rule 16. Suits on last negotiable instruments:
Where the suit is founded upon a negotiable instrument, and it is proved that the instrument is
lost, and an indemnity is given by the plaintiff, to the satisfaction of the Court, against the
claims of any other person upon such instrument, the Court may pass such decree as it would
have passed if the plaintiff had produced the instrument in Court when the plaint was
presented, and had at the same time delivered a copy of the instrument to be filed with the
plaint.
Rule 17. Production of shop-book:
(1) Save in so far as is otherwise provided by the Bankers' Books Evidence Act, 1891, where the
document on which the plaintiff sues is an entry in a shop-book or other account in his
possession or power, the plaintiff shall produce the book or account at the time of filing the
plaint, together with a copy of the entry on which he relies.
(2) The Court, or such officer as it appoints in this behalf, shall forthwith mark the document for
the purpose of identification; and after examining and comparing the copy with the original,
shall, if it is found correct, certify it to be so and return the book to the plaintiff and cause the
copy to be filed.
Rule 18. Inadmissibility of document not produced when plaint filed:
(1) A document which ought to be produced in Court by the plaintiff when the plaint is
presented, or to be entered in the list to be added or annexed to the pliant, and which is not
produced, or entered accordingly, shall not, without the leave of the Court, be received in
evidence on his behalf at the hearing of the suit.
(2) Nothing in this rule applies to documents produced for cross-examination of the defendant's
witnesses, or in answer to any case set up by the defendant or handed to a witness merely to
refresh his memory.
Rule 19. Address to be filed with plaint:
(1) Every plaint or original petition shall be accompanied by a proceeding giving an address at
which service of notice, summons or other process may be made on the plaintiff or petitioner.
(2) Plaintiffs or petitioners subsequently added shall immediately on being so added file a
proceeding of this nature.
(3) The address filed under this rule shall be entered in the Register of suits maintained under
Order IV, rule 2.
Rule 20. Nature of address to be filed:
An address for service filed under the preceding rule shall be within the local limits of the
District Court within which the suit or petition is filed, or of the District Court within which the
party ordinarily resides.
Rule 21. Consequences of failure to file address:
Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his
suit dismissed or his petition rejected by the Court suo motto or any party may apply for an
order to that effect and the Court may make such order as it thinks just.
Rule 22. Procedure when party not found at the place of address:
(1) Where a party is not found at the address given by him for service and no agent or adult
male member of his family on whom a notice, summons or other process can be served is
present, a copy of the notice, summons or other process shall be fixed to the outer door of the
house.
(2) If, on the date fixed, such party is not present, another date shall be fixed and a copy of the
notice, summons or other process shall be sent to the said address by registered post, and such
service shall be deemed to be as effectual as if the notice, summons or other process had been
personally served.
Rule 23. Service on pleader:
Where a party engages a pleader, notices summons or other processes for service on him shall
be served in the manner prescribed by Order III, rule 5, unless the Court directs service at the
address for service given by the party.
Rule 24. Change of address:
A party who desires to change the address for service given by him as aforesaid shall file a
verified petition, and the Court may direct the amendment of the record accordingly. Notice of
such petition shall be given to such other parties to the suit as the Court may deem it necessary
to inform, and may be either served upon the pleaders for such parties or be sent to them by
registered post, as the Court thinks fit.
Rule 25. Service by other modes:
Nothing in these rules shall prevent the Court from directing the service of a notice, summons
or other process in any other manner, if for any reasons, it thinks fit to do so.
Rule 26. List of legal representatives of plaintiff:
(1) In every suit of the nature referred to in rule 3, Order XXII, the plaint shall be accompanied
by a statement giving –
(a) the names and addresses of the persons who, in the event of the death of the plaintiff,
may be made a party as his legal representatives;
(b) the name and address of the person who, in the event of the death of the plaintiff,
shall intimate such fact to the Court, furnish the Court with the names, particulars and
addresses of the legal representatives of the plaintiff and make an application for the legal
representatives to be made a party.
(2) A plaintiff may at any time –
(a) file in the Court an amended list, of his presumptive legal representatives;
(b) nominate another person, in the place of the person nominated under clause (b) of
sub-rule (1), for the purposes of that clause.
(3) A nomination made under clause (b) of sub-rule (1) shall, unless varied under clause
(b) of sub-rule (2), remain in force throughout the pendency of the suit and any proceedings a
rising there from, including appeal, revision and review.

ORDER VIII
WRITTEN STATEMENT AND SET-OFF
Rule 1. Written statement:
The defendant may, and, if so required by the Court, shall at or before the first hearing or
within such time as the Court may permit, permit, present a written statement of his defence:
[Provided that the period allowed for filing the written statement shall not ordinarily
exceed[thirty days]
Rule 2. New facts must be specially pleaded:
The defendant must raise by his pleading all matters, which show the suit not to be
maintainable, or that the transaction is either void or voidable in point of law, and all such
grounds of defence as, if not raised, would raise issues of fact not arising out of the plaint, as,
for instance, fraud, limitation, release, payment, performance, or facts showing illegality.
Rule 3. Denial to be specific:
It shall not be sufficient for a defendant in his written statement to deny generally the grounds
alleged by the plaintiff, but the defendant must deal specifically with each allegation of fact of
which he does not admit the truth, except damages.
Rule 4. Evasive denial:
Where a defendant denies an allegation of fact in the plaint, he must not do so evasively, but
answer the point of substance. Thus, if it is alleged that he received a certain sum of money, it
shall not be sufficient to deny that he received that particular amount, but he must deny that he
received that sum or any pay thereof, or else set but how much he received. And if an allegation
is made with diverse circumstances, it shall not be sufficient to deny it along with those
circumstances.
Rule 5. Specific denial:
Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or
stated to be not admitted in the pleading of the defendant, shall be taken to be admitted except
as against a person under disability:
Provided that the Court may in its discretion require any fact so admitted to be proved
otherwise than by such admission.
Rule 6. Particulars of set-off t be given in written statement:
(1) Where in suit for the recovery of money the defendant claims to set-off against the plaintiff's
demand any ascertained sum of money legally recoverable by him from the plaintiff, not
exceeding the pecuniary limits of the jurisdiction of the Court, and both parties fill the same
character as they fill in the plaintiff's suit, the defendant may, at the first hearing of the suit, but
not afterwards unless permitted by the Court, present a written statement containing the
particulars of the debt sought to be se-off.
(2)The written statement shall have the same effect as a plaint in a cross-suit so as to enable the
Court to pronounce a final judgement in respect both of the original claim and of the set-off: but
this shall not affect the lien, upon the amount decreed, of any pleader in respect of the costs
payable to him under the decree.
(3) The rules relating to a written statement by a defendant apply to a written statement in
answer to a claim of set-off.
Illustrations
(a) A bequeaths Rs.2,000 to B and appoints C his executor and residuary legatee. B dies and D
takes out administrations to B's effects. C pays Rs.1,000 as surety for D; then D sues C for the
legacy. C cannot set-off the debt of Rs.1,000 against the legacy, for neither C nor D fills the same
character with respect to the legacy as they fill with respect to the payment of the Rs.1,000.
(b) A dies intestate and in debt to B, C takes out administration to A's effects and B buys parts of
the effects from C. In a suit for the purchase money by C against B, the latter cannot set-off the
debt against the price, for C fills two different characters, one as the vendor to B, in which he
sues B, and the other as representative to A.
(c) A sues B on a bill of exchange. B alleges that A has wrongfully neglected to insure B's goods
and is liable to him in compensation which he claims to set-off. The amount not being
ascertained cannot be set-off.
(d) A sues B on a bill of exchange for Rs.500 . B holds a judgment against A for Rs.1,000. The
two claims being both definite pecuniary demands may be set-off.
(e) A sues B for compensation on account of trespass. B holds a promissory note for Rs.1,000
from A and claims to set-off that amount against any sum that A may recover in the suit. B may
do so for as soon as A recovers both sums as definite pecuniary demands.
(f) A and B sue C for Rs.1,000 . C cannot set-off a debt due to him by A alone.
(g) A sues B and C for Rs.1,000. B cannot set-off a debt due to him alone by A.
(h) A with the partnership firm of B and C Rs.1000. B dies leaving C surviving. A sues C for a
debt of Rs.1,500 due in his separate character. C may set-off the debt of Rs.1,000.
Rule 7. Defence or set-off founded on separate grounds:
Where the defendant relies upon several distinct grounds of defence or set-off founded upon
separate and distinct facts, they shall be stated, as far as may be separately and distinctly.
Rule 8. New ground of defence:
Any ground of defence which has arisen after the institution of the suit or the presentation of a
written statement claiming a set-off may be raised by the defendant or plaintiff, as the case may
be in his written statement.
Rule 9. Subsequent pleadings:
No pleading subsequent to the written statement of a defendant other than by way of defence to
a set-off shall be presented except by the leave of the Court and upon such terms as the Court
thinks fit, but the Court may at any time require a written statement or additional written
statement from any of the parties and fix a time for presenting the same.
Rule 10. Procedure when party fails to present written statement called for by Court:
Where any party from whom a written statement is so required fails to present the same within
the time fixed by Court, the Court may pronounce judgment against him, or make such order in
relation to the suit as it thinks fit.
Rule 11. Address for service:
(1) Every party, whether original, added or substituted, who appears in any suit or other
proceeding, shall, on or before the date fixed in the summons, notice or other process served on
him, file in Court a proceeding stating his address for service.
(2) Such address shall be entered in the Register of suits to be maintained under Order, IV rule
2.
(3) Rules 20, 23, 24 and 25 of Order VII shall apply, so far as may be, to addresses for service
filed under this rule.
Rule 12. Consequences of failure to file address:
(1) Where a party fails to file address for service as provided in the preceding rule, he shall be
liable to have his defence, if any, struck out and to be placed in the same position as if he had
not defended.
(2) The Court may pass an order under sub-rule (1) suo motu or on the application of any party.
Rule 13. List of legal representatives of defendant:
(1) In every suit of the nature referred to in rule 4, Order XXII, the written statement shall be
accompanied by a statement giving -
a) the names and addresses of the persons who, in the event of the death of the
defendant, may be made a party as his legal representatives;
b) the name and address of the person, who in the event of the death of the defendant,
shall intimate such fact to the Court, furnish the Court with the names, particulars and
addresses of the legal representatives of the defendant and make an application for the legal
representatives to be made a party.
(2) A defendant may at any time -
a) file in the Court an amended list of his presumptive representatives;
b) nominate another person, in the place of the person nominated under clause
(b) of sub-rule (1) for the purposes of that clause.
(3) A nomination made under clause (b) of sub-rule (1) shall, unless varied under clause (b) of
sub-rule (2), remain in force throughout the pendency of the suit and any proceedings arising
therefrom, including appeal, revision of review.]

ORDER IX
APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE
Rule 1. Parties to appear on day fixed in Summons for defendant to appear and answer:
On the day fixed in the summons for the defendant to appear and answer, the parties shall be in
attendance at the Court house in person or by their respective pleaders, and the suit shall then
be heard unless the hearing is adjourned to a future day fixed by the Court.
Rule 2. Dismissal of suit where summons not served in consequence of plaintiff’s failure to
pay cost:
Where on the day so fixed it is found that the summons has not been served upon the defendant
in consequence of the failure of the plaintiff to pay the court-fee or postal charges (if any)
chargeable for such service, the Court may make an order that the suit be dismissed:
Provided that no such order shall be made although the summons has not been served
upon the defendant, if on the day fixed for him to appear and answer he attends in person or by
agent when he is allowed to appear by agent.
Rule 3. Where neither party appears, suit to be dismissed:
Where neither party appears when the suit is called on for hearing, the Court may make an
order that the suit be dismissed.
Rule 4. Plaintiff may bring fresh suit or Court may restore suit to file:
Where a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the law of
limitation) bring a fresh suit; or he may apply for an order to set the dismissal aside, and if he
satisfies the Court that there was sufficient cause for his not paying the court-fee and postal
charges (if any) required within the time fixed before the issue of the summons, or for his non-
appearance, as the case may be, the Court shall make an order setting aside the dismissal and
shall appoint a day for proceeding with the suit.
Rule 5. Dismissal of suit where plaintiff, after summons returned unserved, fails for three
months to apply for fresh summons:
(1) Where after a summons has been issued to the defendant, or to one of several defendants,
and returned unserved, the plaintiff fails, for a period of three months from the date of the
return made to the Court by the officer ordinarily certifying to the Court returns made by the
serving officers, to apply for the issue of a fresh summons the Court shall make an order that
the suit be dismissed as against such defendant, unless the plaintiff has within the said period
satisfied the Court that –
a) he has failed after using his best endeavours to discover the residence of the defendant who
has not been served, or
b) such defendant is avoiding service of process, or
c) there is any other sufficient cause for extending the time, in which case the Court may extend
the time for making such application for such period as it thinks fit.
(2) In such case the plaintiff may (subject to the law of limitation) bring a fresh suit.
Rule 6. Procedure when only plaintiff appears:
(1) Where the plaintiff appears and the defendant does not appear when the suit is called on for
hearing, then –
(a) if it is proved that the summons was duly served, the Court may proceed ex parte
[and pass decree without recording evidence].
(b) If it is not proved that the summons was duly served the Court shall direct a second
summons to be issued and served on the defendant;
(c) If it is proved that the summons was served on the defendant, but not in sufficient
time to enable him to appear and answer on the day fixed in the summons, the Court shall
postpone the hearing of the suit to a future day to be fixed by the Court and shall direct notice
of such day to be given to the defendant.
(2) Where it is owing to the plaintiff's default that the summons was not duly served or was not
served in sufficient time, the Court shall order the plaintiff to pay the costs occasioned by the
postponement.
Rule 7. Procedure where defendant appears on day of adjourned hearing and assigns good
cause for previous nonappearance:
Where the Court has adjourned the hearing of the suit ex parte and the defendant at or before
such hearing, appears and assigns good cause for his previous non-appearance, he may upon
such terms as the Court directs as to costs or otherwise be heard in answer to the suit as if he
had appeared on the day fixed for his appearance.
Rule 8. Procedure where defendant only appears:
Where the defendant appears and the plaintiff does not appear when the suit is called on for
hearing, the Court shall make an order that the suit be dismissed, unless the defendant admits
the claim, or part thereof in which case the Court shall pass a decree against the defendant upon
such admission, and, where part only of the claim has been admitted, shall dismiss the suit so
far as it relates to the remainder.
Rule 9. Decree against plaintiff by default bars fresh suit:
(1) Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from
bringing a fresh suit in respect of the same cause of action. But he may apply for an order to set
the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non-
appearance when the suit was called on for hearing, the Court shall make an order setting aside
the dismissal upon such terms as to costs or otherwise as it thinks fit and shall appoint a day for
proceeding with the suit.
(2) No order shall be made under this rule unless notice of the application has been served on
the opposite party.
(3) The provisions of section 5 of the Limitation Act 1908 (IX of 1908), shall apply to applications
under sub-rule (1).
Rule 10. Procedure in case of non-attendance of one or more of several plaintiffs:
Where there are more plaintiffs than one and, one or more of them appear, and the others do
not appear, the Court may, at the instance of the plaintiff or plaintiffs appearing, permit the suit
to proceed in the same way as if all the plaintiffs had appeared, or make such order as it thinks
fit.
Rule 11. Procedure in case of non-attendance of one or more of several defendants:
Where there are more defendants than one and one or more of them appear and the others do
not appear the suit shall proceed, and the Court shall at the time of pronouncing judgment
make such order as it thinks fit with respect to the defendants who do not appear.
Rule 12. Consequence of non-attendance, without sufficient cause shown, of party ordered to
appear in person:
Where a plaintiff or defendant who has been ordered to appear in person does not appear in
person or show sufficient cause to the satisfaction of the Court for failing so to appear he shall
be subject to all the provisions of the foregoing rules applicable to plaintiffs and defendants,
respectively, who do not appear.

SETTING ASIDE DECREE EX-PARTE

Rule 13. Setting aside decree ex-parte against defendant:
(1) In any case in which a decree is passed ex parte against a defendant he may apply to the
Court by which the decree was passed for an order to set it aside; and if he satisfies the Court
that the summons was not duly served, or that he was prevented by any sufficient cause from
appearing when the suit was called on for hearing, the Court shall make an order setting aside
the decree as against him upon such terms as to costs, payment into Court or otherwise as it
thinks fit, and shall appoint a day for proceeding with the suit:
Provided that where the decree is of such a nature that it cannot be set aside as against such
defendant only it may be set aside as against all or any of the other defendants also:
[Provided further that no decree passed ex parte shall be set aside merely on the ground of any
irregularity in the service of summons, if the Court is satisfied for reason to be accorded, that
the defendant had knowledge of the date of hearing in sufficient time to appear on that date
and answer the claim].
(2) The provisions of section 5 of the Limitation Act 1908 (X of 1908), shall apply to applications
under sub-rule (1).
Rule 14. No decree to be set aside without notice to opposite-party:
No decree shall be set aside on any such application as aforesaid unless notice thereof has been
served on the opposite party.

ORDER XXXIX
TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS
(Temporary Injunctions)
Rule 1. Cases in which temporary injunction may be granted:
Where in any suit it is proved by affidavit or otherwise-
a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by
any party to the suit, or wrongfully sold in execution of a decree, or
b) that the defendant threatens or intends to remove or dispose of his property with a view to
defraud his creditors,
the Court may by order grant a temporary injunction to restrain such act, or make such other
order for the purpose of staying and preventing the wasting, damaging, alienation, sale,
removal or disposition of the property as the Court thinks fit, until the disposal of the suit or
until further orders.
Rule 2. Injunction to restrain repetition or continuance of breach:
(1) In any suit for restraining the defendant from committing a breach of contract or other injury
of any kind whether compensation is claimed in the suit or not, the plaintiff may, at any time
after the commencement of the suit, and either before or after judgment, apply to the Court for a
temporary injunction to restrain the defendant from committing the breach of contract or injury
complained of or any breach of contract or injury of a like kind arising out of the same contract
or relating to the same property or right.
(2) The Court may by order grant such injunction, on such terms as to the duration of the
injunction keeping an account giving security or otherwise, as the Court thinks fit.
(3) In case of disobedience, or breach of any such terms, the Court granting an injunction may
order the property of the person guilty of such disobedience of breach to be attached, and may
also order such person to be detained in prison for a term not exceeding six months, unless in
the meantime the Court directs his release.
(4) No attachment under this rule shall remain in force for more than one year, at the end of
which time, if the disobedience or breach continues the property attached may be sold, and out
of the proceeds the Court may award such compensation as it thinks fit, and shall pay the
balance, if any, to the party entitled thereto.
(2-A) An interim injunction passed under rule 1 or 2 in the absence of defendant shall not
ordinarily exceed fifteen days:
Provided that such injunction may be extended for failure of its service on the defendant when
such failure is not attributable to the plaintiff or when the defendant seeks time for defence of
application for injunction.
(2-B) The order of injunction made under rule 1 or 2 after hearing the parties or after notice to
the defendant shall cease to have effect on the expiration of six months unless extended by the
court after hearing the parties again and for reasons to be recorded for such extension:
Provided that report of such extension shall be submitted to the High Court].
Rule 3. Before granting injunction Court to direct notice to opposite party:
The Court shall in all cases, before granting an injunction direct notice of the application for the
same to be given to the opposite-party:
[Provided that except in the case of sale of goods for default in payment at the stipulated time of
a debt in respect of which the goods were pledged with any bank, or where the injunction is to
be granted against Government or a Government servant as such or any statutory authority,
board or corporation set up or established by Government in any case not involving the
ejectment of any person from or the demolition of, any premises, the Court may where it
appears that the object of granting injunction would be defeted by the delay, dispense with such
notice:
Provided further that the period of notice under this rule to Government or a Government
servant as such or any statutory authority, board or corporation set up or established by
Government shall not be less than two days nor exceed seven days.]
Rule 4. Order for injunction may be discharged, varied or set aside:
Any order for an injunction may be discharged, or varied, or set aside by the Court on
application made thereto by any party dissatisfied with such order.
(4-A) An injunction granted by a Court in a suit which seeks to question the validity or legal
effect of any order made, proceedings taken or act done by authority or person, which has been
made, taken or done, or purports to have been made, taken or done under any law which is
specified in Part I of the First Schedule to the Constitution or relates to, or is connected with
assessment or collection of public revenues shall cease to have effect on the expiration of a
period of [ six months] following the day on which it is made, unless the case is finally decided,
or the injunction is discharged or set aside, by the Court earlier.
Explanation - In this rule, 'public revenues' includes the dues of any bank owned by the Federal
Government or of any corporation or undertaking owned or controlled by the Federal
Government or a Provincial Government.]
Rule 5.
An injunction directed to a corporation is binding not only on the corporation itself, but also on
all members and officers of the corporation whose personal action it seeks to restrain.
6. The Court may, on the application of any party to a suit, order the sale by any person named
in such order, and in such manner and on such terms as it thinks fit, of any movable property,
being the subject-matter of suit or attached before judgment in such suit, which is subject to
speedy and natural decay or which for any other just and sufficient cause it may be desirable to
have sold at once.
7. (1) The Court may, on the application of any party to a suit and on such terms as it thinks fit -
a) make an order for the detention, preservation or inspection of any property which is the
subject matter of such suit or as to which any question may arise therein;
b) for all or any of the purposes aforesaid authorise any person to enter upon or into any land or
building in the possession of any other party to such suit; and
c) for all or any of the purposes aforesaid authorise any samples to be taken or any observation
to be made or experiment to be tried, which may seem necessary or expedient for the purpose
of obtaining full information or evidence.
(2) The provisions as to execution of process shall apply, mutatis mutandis, to persons
authorised to enter under this rule.
8. - (1) An application by the plaintiff for an order under rule 65 or rule 7 may be made after
notice to the defendant at any time after institution of the suit.
(2) An application by the defendant for a like order may be made after notice to the plaintiff at
any time after appearance.
9. Where land paying revenue to Government or a tenure liable to sale, is the subject-matter of a
suit, if the party in possession of such land or tenure neglects to pay the government revenue, or
the rent due to the proprietor of the tenure, as the case may be and such land or tenure is
consequently ordered to be sold any other party to the suit claiming to have an interest in such
land or tenure may upon payment of the revenue or rent due previously to the sale (and with or
without security at the discretion of the Court) be put in immediate possession of the land or
tenure;
and the Court in its decree may award against the defaulter the amount so paid, with interest
thereon at such rate as the Court thinks fit, or may charge the amount so paid with interest
thereon at such rate as the Court orders in any adjustment of accounts which may be directed in
the decree passed in the suit.
10. Where the subject matter of a suit is money or some other thing capable of delivery and any
party thereto admits that he holds such money or other thing as a trustee for another party or
that it belongs or is due to another party the Court may order the same to be deposited in court
or delivered to such last named party with or without security subject to the further direction of
the Court.
ORDER XLI
APPEALS FROMORIGINAL DECREES
1.- (1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or
his pleader and presented to the Court or to such officer as it appoints in this behalf. The
memorandum shall be accompanied by a copy of the decree appealed from and (unless the
Appellate Court dispenses therewith) of the judgment on which it is founded.
(2) The memorandum shall set forth concisely and under distinct heads the grounds of objection
to the decree appealed from without any argument or narrative; and such grounds shall be
numbered consecutively.
2. The appellant shall not except by leave of the Court, urge or be heard in support of any
ground of objection not set forth in the memorandum of appeal; but the Appellate Court in
deciding the appeal, shall not be confined to the grounds of objection set forth in the
memorandum of appeal or taken by leave of the Court under this rule:
Provided that the Court shall not rest its decision on any other ground unless the party who
may be affected thereby has had sufficient opportunity of contesting the case on that ground.
3. - (1) Where the memorandum of appeal is not drawn up in the manner hereinbefore
prescribed, it may be rejected, or be returned to the appellant for the purpose of being amended
within a time to be fixed by the Court or be amended then and there.
(2) Where the Court rejects any memorandum it shall record the reasons for such rejection.
(3) Where a memorandum of appeal is amended, the Judge, or such officer as he appoints in
this behalf, shall sign or initial the amendment.
4. Where there are more plaintiffs or more defendants than one in a suit, and the decree
appealed from proceeds on any ground common to all the plaintiffs or to all the defendants any
one of the plaintiffs or of the defendants may appeal from the whole decree, and thereupon the
Appellate Court may reverse or vary the decree in favour of all the plaintiffs or defendants, as
the case may be.
STAY OF PRECEEDINGS AND OF EXECUTION
5. - (1) An appeal shall not operate as a stay of proceedings under a decree or order, appealed
from except so far as the Appellate Court may order, nor shall execution of a decree be stayed
by reason only of an appeal having been preferred from the decree; but the Appellate Court
may for sufficient cause order stay of execution of such decree.
(2) Where an application is made for stay of execution of an appealable decree before the
expiration of the time allowed for appealing therefrom the Court which passed the decree may
on sufficient cause being shown order the execution to be stayed.
(3) No order for stay of execution shall be made under sub-rule (1) or sub-rule(2) unless the
Court making it is satisfied,
a) that substantial loss may result to the party applying for stay of execution unless the order is
made;
b) that the application has been made without unreasonable delay; and
c) that security has been given by the applicant for the due performance of such decree or order
as may ultimately be binding upon him.
(4) Notwithstanding anything contained in sub-rule(3), the Court may make an ex parte order
for stay of execution pending the hearing of the application.
6. - (1) Where an order is made for the execution of a decree from which an appeal is pending,
the Court which passed the decree shall, on sufficient cause being shown by the appellant,
require security to be taken for the restitution of any property which may be or has been taken
in execution of the decree or for the payment of the value of such property and for the due
performance of the decree or order of the Appellate Court, or the Appellate Court may for like
cause direct the Court which passed the decree to take such security.
(2) Where an order has been made for the sale of immovable property in execution of a decree,
and an appeal is pending from such decree, the sale shall on the application of the judgment
debtor to the Court which made the order, be stayed on such terms as to giving security or
otherwise as the Court thinks fit until the appeal is dispose of.
7. [No security to be required from the Government or a public officer in certain cases.] Rep. By
the A.O. 1937.
8. The powers conferred by Rules 5 and 6 shall be exercise-able where an appeal may be or has
been preferred not from the decree but from an order made in execution of such decree:
[Provided that, where such appeal has been preferred by judgment-debtor he shall be required,
unless the Court is of opinion that prima facie the appeal is one which must succeed owing to
an error apparent on the face of the record.-
a) in the case of a decree for the payment of money, to deposit the decretal amount or to furnish
security for its payment; and
b) in the case of any other decree, to furnish security for the due performance of the decree]
PROCEDURE ON ADMISSION OF APPEAL
9. - (1) Where a memorandum of appeal is admitted, the Appellate Court or the proper officer of
that Court shall endorse thereon the date of presentation, and shall register the appeal in a book
o be kept for the purpose.
(2) Such book shall be called the Register of Appeals.
10.- (1) The Appellate court may, in its discretion, either before the respondent is called upon to
appear and answer or afterwards on the application of the respondent, demand from the
appellant security for the costs of the appeal, or of the original suit, or of both:
Provided that the Court shall demand such security in all cases in which the appellant is
residing out of [Pakistan] and is not possessed of any sufficient immovable property within
[Pakistan] other than the property (if any) to which the appeal relates.
(2) Where such security is not furnished within such time as the Court orders the Court shall
reject the appeal.
11. - (1) The Appellate Court, after sending for the record if it thinks fit so to do, and after fixing
a day for hearing the appellant or his pleader and hearing him accordingly if he appears on that
day may dismiss the appeal without sending notice to the Court from whose decree the appeal
is preferred and without serving notice on the respondent or his pleader.
(2) If on the day fixed or any other day to which the hearing may be adjourned the appellant
does not appear when the appeal is called on for hearing, the Court may make an order that the
appeal be dismissed.
(3) The dismissal of an appeal under this rule shall be notified to the Court from whose decree
the appeal is preferred.
12. - (1) Unless the Appellate Court dismisses the appeal under rule 11, it shall fix a day for
hearing the appeal.
(2) Such day shall be fixed with reference to the current business of the Court, the place of
residence of the respondent and the time necessary for the service of the notice of appeal so as
to allow the respondent sufficient time to appear and answer the appeal on such day.
13. - (1) Where the appeal is not dismissed under rule 11, the Appellate Court shall send notice
of the appeal to the Court from whose decree the appeal is preferred.
(2) Where the appeal is from the decree of a Court, the records of which are not deposited in the
Appellate Court, the Court receiving such notice shall send with all practicable dispatch all
material papers in the suit or such papers as may be specially called for by the Appellate Court.
(3) Either party may apply in writing to the Court from whose decree the appeal is preferred
specifying any of the papers in such Court of which he requires copies to be made; and copies of
such papers shall be made at the expense of and given to the applicant.
14. - (1) Notice of the day fixed under rule 12 shall be affixed in the Appellate Court-house and a
like notice shall be sent by the Appellate Court to the Court from whose decree the appeal is
preferred and shall be served on the respondent or on his pleader in the Appellate court in the
manner provided for the service on a defendant of a summons to appear and answer; and all
the provisions applicable to such summons and to proceedings with reference to the service
thereof shall apply to the service of such notice.
(2) Instead of sending the notice to the Court from whose decree the appeal is preferred, the
Appellate court may itself cause the notice to be served on the respondent or his pleader under
the provisions above referred to.
15. The notice to the respondent shall declare that if he does not appear in the Appellate Court
on the day so fixed the appeal will be heard ex parte.

PROCEDURE ON HEARING
16.- (1) On the day fixed or on any other day to which the hearing may be adjourned, the
appellant shall be heard in support of the appeal.
(2) The Court shall then if it does not dismiss the appeal at once, hear the respondent against the
appeal and in such case the appellant shall be entitled to reply.
17. - (1) Where on the day fixed, or on any other day to which the hearing may be adjourned,
the appellant does not appear when the appeal is called on for hearing the Court may make an
order that the appeal be dismissed.
(2) Where the appellant appears and the respondent does not appear, the appeal shall be heard
ex parte.
18. Where on the day fixed or on any other day to which the hearing may be adjourned it is
found that the notice to the respondent has not been served in consequence of the failure of the
appellant to deposit within the period fixed the sum required to defray the cost of serving the
notice the Court may make an order that the appeal be dismissed

Provided that no such order shall be made although the notice has not been served upon the
respondent, if on any such day the respondent appears when the appeal is called on for hearing.
19. - (1) Where an appeal is dismissed under rule 11, sub-rule (2) of rule 17 or rule 18 the
appellant may apply to the Appellate Court for the re-admission of the appeal; and where it is
proved that he was prevented by any sufficient cause from appearing when the appeal was
called on for hearing or from depositing the sum so required, the Court shall re-admit the
appeal on such terms as to costs or otherwise as it thinks fit.
[(2) The provisions of section 5 of the Limitation Act 1908 (IX of 1908) shall apply to an
application for re-admission of an appeal dismissed under sub-rule (2) of rule 11 or sub-rule (1)
of rule 17.]
20. Where it appears to the Court at the hearing that any person who was a party to the suit in
the Court from whose decree the appeal is preferred, but who has not been made a party to the
appeal is interested in the result of the appeal the Court may adjourn the hearing to a future day
to be fixed by the Court and direct that such person be made a respondent.
21. - (1) Where an appeal is heard ex parte and judgment is pronounced against the respondent,
he may apply to the Appellate court ro re-hear the appeal; and if he satisfies the Court that the
notice was not duly served or that he was prevented by sufficient cause from appearing when
the appeal was called on for hearing, the Court shall re-hear the appeal on such terms as to costs
or otherwise as it thinks fit to impose upon him.
[(2) The provisions of section 5 of the Limitation Act, 1908 (IX of 1908) shall apply to
applications under sub-rule (1).]
22. - (1) Any respondent though he may not have appealed from any part of the decree, may not
only support the decree on any of the grounds decided against him in the Court below but take
any cross-objection to the decree which he could have taken by way of appeal provided he has
filed such objection in the Appellate Court within one month from the date of service on him or
his pleader of notice of the day fixed for hearing the appeal, or within such further time as the
Appellate Court may see fit to allow.
(2) Such cross-objection shall be in the form of a memorandum and the provisions of rule 1, so
far as they relate to the form and contents of the memorandum of appeal shall apply thereto.
(3) Unless the respondent files with the objection a written acknowledgment from the party
who may be affected by such objection or his pleader of having received a copy thereof, the
Appellate Court shall cause a copy to be served, as soon as may be after the filing of the
objection, on such party or his pleader at the expense of the respondent.
(4) Where in any case in which any respondent has under this rule filed a memorandum of
objection , the original appeal is withdrawn or is dismissed for default, the objection so filed
may nevertheless be heard and determined after such notice to the other parties as the Court
thinks fit.
(5) The provisions relating to pauper appeals shall, so far as they can be made applicable apply
to an objection under this rule.
23. Where the Court from whose decree an appeal is preferred has disposed of the suit upon a
preliminary point and the decree is reversed in appeal, the Appellate Court may, if it thinks fit,
by order remand the case, and may further direct what issue or issues shall be tried in the case
so remanded and shall send a copy of its judgment and order to the Court from whose decree
the appeal is preferred, with directions to re-admit the suit under its original number in the
register of civil suits, and proceed to determine the suit; and the evidence (if any) recorded
during the original trial shall subject to all just exceptions be evidence during the trial after
remand.
24. Where the evidence upon the record is sufficient to enable the Appellate Court to pronounce
judgment the Appellate Court may after resettling the issues if necessary finally determine the
suit, notwithstanding that the judgment of the court from whose decree the appeal is preferred
has proceeded wholly upon some ground other than that on which the Appellate Court
proceeds.
25. Where the court from whose decree the appeal is preferred has omitted to frame or try any
issue, or to determine any question of fact which appears to the Appellate Court essential to the
right decision of the suit upon the merits the Appellate Court may if necessary, frame issues,
and refer the same for trial to the Court from whose decree the appeal is preferred and in such
case shall direct such Court to take the additional evidence required.
And such court shall proceed to try such issues, and shall return the evidence to the appellate
Court together with its findings thereon and the reasons therefore.
26. - (1) Such evidence and findings shall from part of the record in the suit; and either party
may, within a time to be fixed by the Appellate Court, present a memorandum of objections to
any findings.
(2) After the expiration of the period so fixed for presenting such memorandum the Appellate
Court shall proceed to determine the appeal.
27. - (1) The parties to an appeal shall not be entitled to produce additional evidence, whether
oral or documentary in the appellate Court, But if -
a) the Court from whose decree the appeal is preferred has refused to admit evidence which
ought to have been admitted or,
a) The Appellate Court requires any document to be produced or any witness to be examined to
enable it to pronounce judgment, or for any other substantial cause,
The Appellate Court may allow such evidence or document to be produced or witness to be
examined.
(2) Wherever additional evidence is allowed to be produced by an Appellate Court the Court
shall record the reason for its admission.
28. Wherever additional evidence is allowed to be produced the Appellate Court may either
take such evidence or direct the Court from whose decree the appeal is preferred, or any other
subordinate Court, to take such evidence and to send it when taken to the Appellate Court.
29. Where additional evidence is directed or allowed to be taken the Appellate Court shall
specify the points to which the evidence is to be confined and record on its proceedings the
points so specified.
JUDGMENT IN APPEAL
30. The Appellate Court after hearing the parties or their pleaders and referring to any part of
the proceedings whether on appeal or in the Court from whose decree the appeal is preferred to
which reference maybe considered necessary, shall pronounce judgment in open Court, either
at once or on some future day of which notice shall be given to the parties or their pleaders.
31. The judgment of the Appellate Court shall be in writing and shall state -
a. the points for determination;
b. the decision thereon;
c. the reasons for the decision; and
d. where the decree appealed from is reversed or varied, the relief to which the appellant is
entitled;
and shall at the time that it is pronounced be signed and dated by the Judge or by the Judges
concurring therein.
32. The judgment may be for confirming, varying or reversing the decree from which the appeal
is preferred, or, if the parties to the appeal agree as to the form which the decree in appeal shall
take, or as to the order to be made in appeal the Appellate Court may pass a decree or make an
order accordingly.
33. The Appellate Court shall have power to pass any decree and make any order which ought
to have been passed or made and to pass or make such further or other decree or order as the
case may require, and this power may be exercised by the Court notwithstanding that the
appeal is as to part only of the decree and may be exercised in favour of all or any of the
respondents or parties although such respondents or parties may not have filed any appeal or
objection:
[Provided that the Appellate Court shall not make any order under section 35-A in pursuance of
any objection on which the Court from whose decree the appeal is preferred has omitted or
refused to make such order.]
Illustration
A claims a sum of money as due to him form X or Y, and in a suit against both obtains a decree
against X, X appeals and A and Y are respondents. The Appellate Court decides in favour of X.
It has power to pass a decree against Y.
34. Where the appeal is heard by more Judges that one, any Judge dissenting from the judgment
of the Court shall state in writing the decision or order which he thinks should be passed on the
appeal and he may state his reasons for the same.
DECREE IN APPEAL
35. - (1) The decree of the Appellate Court shall bear date the day on which the judgment was
pronounced.
(2) The decree shall contain the number of the appeal the names and descriptions of the
appellant and respondent and a clear specification of the relief granted or other adjudication
made.
(3) The decree shall also state the amount of costs incurred in the appeal and by whom or out of
what property, and in what proportions such costs and the costs in the suit are to be paid.
(4) The decree shall be signed and dated by the Judge or Judges who passed it:
Provided that where there are more Judges than one and there is a difference of opinion among
them, it shall not be necessary for any Judge dissenting from the judgment of the Court to sign
the decree.
36. Certified copies of the judgment and decree in appeal shall be furnished to the parties on
application to the Appellate Court and at their expense.
37. A copy of the judgment and of the decree, certified by the Appellate Court or such officer as
it appoints in this behalf, shall be sent to the Court which passed the decree appealed from and
shall be filed with the original proceedings in the suit and an entry of the judgment of the
Appellate Court shall be made in the register of civil suits.

ORDER XLIII
APPEALS FROM ORDERS
1. An appeal shall lie from the following orders under the provisions of section 104, namely:-
a) an order under rule 10 of Order VII returning a plaint to be presented to the proper Court;
b) an order under rule 10 of Order VIII pronouncing judgment against a party;
c) an order under rule 9 of Order IX rejecting an application (in a case open to appeal) for an
order to set aside the dismissal of a suit;
d) an order under the rule 13 of Order IX rejecting an application (in a case open to appeal) for
an order to set aside a decree passed ex parte;
e) an order under rule 4 of Order X pronouncing judgment against a party;
f) an order under rule 21 of Order XI
g) an order under rule 10 of Order XVI pronouncing judgment against a party;
h) an order under rule 20 of Order XVI pronouncing judgment against a party;
i) an order under rule 34 of Order XXI on an objection to the draft of a document or of an
endorsement;
[ii) an order under rule 62 or rule 103 of Order XXI relating to the right title or interest of the
claimant or objector in attached property;]
j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale;
k) an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit;
l) an order under rule 10 of Order XXII giving or refusing to give leave;
m) an order under rule 3 of Order XXIII recording or refusing to record an agreement
compromise or satisfaction;
n) an order under rule 2 of Order XXV rejecting an application (in a case open to appeal) for an
order to set aside the dismissal of a suit;
o) an order [under rule 2 rule 4 or rule 7] of Order XXIV refusing to extend the time for the
payment of mortgage money;
p) an order in interpleader suits under rule 3, rule 4 or rule 6 of Order XXXV;
q) an order under rule 2, rule 3 or rule 6 of Order XXXVIII;
r) an order under rule 1, rule 2 rule 4 or rule 10 of Order XXXIX;
s) an order under rule 1 or rule 4 of Order XL;
t) an order of refusal under rule 19 of Order XLI to readmit or under rule 21 of Order XLI to re-
hear an appeal;
u) an order under rule 23 of Order XLI remanding a case where an appeal would lie from the
decree of the Appellate Court;
v) an order made by any Court other than a High Court refusing the grant of a certificate under
rule 6 of Order XLV;
w) an order under rule 4 of Order XL:VII granting an application for review.
1. The rules of Order XLI shall apply so far as may be to appeals from orders.

[3. - (1) Where an appeal against an order is preferred during the pendency of a suit the
appellant shall before presenting the appeal give notice of such appeal to the respondent or his
advocate by delivering a copy of the memorandum and grounds of appeal alongwith a copy of
the order appealed against [either personally or through registered post acknowledgement due
and the postal or other receipt shall be filed with the memorandum of appeal for the record of
the appellate Court].
(2) On receipt of notice referred to in sub-rule (1) the respondent may with the permission of the
Court appear before it and contest the appeal and may be awarded costs on dismissal of the
appeal in limine.
4. The provisions of rule 3 shall mutatis mutandis, apply to all applications filed before an
appellate Court during the pendency of a suit.]