Code of Civil Procedure, 1908

deal the cases justly and fairly;

encourage parties to alternate dispute resolution procedure if it considers appropriate;

save expends and time both of Courts and litigants; and

enforce compliance with provision of the Code.

any adjudication from which an appeal lies as an appeal from an order, or

any order of dismissal for default.

every Judge; (b) every person in the service of Pakistan;

every commissioned or gazetted officer in the military, naval or air forces of Pakistan while in the service of the State ;

every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order, in the Court, and every person especially authorised by a Court of Justice to perform any of such duties;

every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report on, any matter affecting the pecuniary interest of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government or to prevent the infraction of any law for the protection of the pecuniary interests of the Government; and

every officer in the service or pay of the Government, or remunerated by fees or commission for the performance of any public duty:

Where it has not been pronounced by a Court of competent Jurisdiction ;

Where it has not been given on the merits of the case;

Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of Pakistan in cases in which such law is applicable;

Where the proceedings in which the Judgment was obtained are opposed to natural justice ;

Where it has been obtained by fraud ;

Where it sustains a claim founded on a breach of any law in force in Pakistan.

for the recovery of immoveable property with or without rent or profits,

for the partition of Immoveable property,

for foreclosure, sale or redemption in the case of a mortgage of or charge upon immoveable property,

for the determination of any other right to or interest in immoveable property,

for compensation for wrong to immoveable property,

for the recovery of moveable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate,, or, in the case of suits referred to in clause (c), at the place where the cause of action has wholly or partly arisen:

A, residing in Karachi, beats B in Quetta. B may sue A either in Quetta or

A, residing in Karachi publishes in Quetta statements defamatory of B. B may sue A either in Quetta or in Karachi.

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

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 the leave of the Court is given, or the defendants who do not reside, or carryon business, or personally work for gain, as aforesaid, acquiesce in such institution ; or

the cause of action, wholly or in part, arises.

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.

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 Bahawalpur, where the cause of action arose. He may also sue them at Lahore, where B resides, or at Karachi,

transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or

withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and

try or dispose of the same ; or transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same ; or retransfer the same for trial or disposal to the Court from which it was withdrawn.

make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence ;

issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid ;

order any fact to be proved by affidavit.

issue a warrant for his arrest ;

attach and sell his property ;

impose a fine upon him not exceeding two thousand rupees ;

order him to furnish security for his appearance and in default commit him to prison.

“bank rate” means the bank rate determined and made public under the provisions of the State Bank of Pakistan Act, 1956 (XXXIII of 1956) ; and

“public dues” 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 or of any local authority.

in the case of interest-bearing loans, for interest at the contracted rate or at the rate of two per cent above the bank rate, whichever is the higher ;

in the case of loans given on the basis of mark-up in price, lease, hire-purchase or service charges, for the contracted rate of mark-up, rental, hire or service charges, as the case may be, or at the latest rate of the banking company for similar loans, whichever is the higher ; and

in the case of loans given on the basis of participation in profit and loss, for return at such rate, not being less than the annual rate of profit for the preceding six months paid by the banking company on term deposits of six months accepted by it on the basis of participation in profit and loss, as the court may consider just and reasonable in the circumstances of the case, keeping in view the profit-sharing agreement entered into between the banking company and the judgement debtor when the loan was contracted.

a party to any proceedings shall, before the announcement of final order, judgment or decree, file in the prescribed form, detail of actual costs of litigation, including but not limited to court fee, stamp fee, fee paid to counsel and all other ancillary or incidental expenses thereto; the Court shall award the actual costs of litigation under clause (i) to the successful party with markup not exceeding the prescribed limit per annum, as notified by the State Bank of Pakistan, at the time of passing the order, judgement or decree; the costs other than those mentioned in clause (i) shall be in the discretion of the Court; and the Court shall have full power to determine out of what property such costs are to be paid and recovered and to give all necessary directions for the purpose aforesaid.

where the decree to be executed has been passed in the exercise of appellate jurisdiction, the Court of first instance, and

where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the Court which, if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree, would have Jurisdiction to try such suit.

if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or

if such person has not property within the local limits of the jurisdiction of the Court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court, or

if the decree directs the sale or delivery of immoveable property situate outside the local limits of the Jurisdiction of the Court which passed it, or

if the Court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court.

power under section 39 to transfer the decree to another Court, if necessary;

Power under sub-section (1) of section 50 to permit execution to proceed against the legal representatives, of a deceased judgment debtor ;

power under section 152 to correct clerical or arithmetical errors ;

power under rule 16 of Order XXI to recognise the assignment of a decree ;

power under sub rule (2) of rule 50 of Order XXI to grant leave to a decree holder to proceed against a person not already recognised as a partner in a firm in an execution proceeding against the firm ;

power under clause (b) of sub-rule (1) of rule 53 of Order XXI to give notice of attachment of decree passed by another Court. 43. Execution of decrees passed by British Courts in places to which this Part does not extend or in foreign territory. Any decree passed by a Civil Court established in any area in Pakistan to which the provisions relating to execution do not extend, may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in manner herein provided within the jurisdiction of any Court in Pakistan. 644. [Omitted]

with reference to superior Courts in the United Kingdom, includes Judgments given and decrees made in any Court in appeals against such decrees or Judgments, but

in no case includes an arbitration award, even if such award is enforceable as a decree or Judgment.

the date of the decree sought to be executed, or,

where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the decree.

by delivery of any property specifically decreed;

by attachment and sale or by sale without attachment of any property ;

by arrest and detention in prison ;

by appointing a receiver ; or

in such other manner as the nature of the relief granted may require: Provided that, execution by detention in prison shall not be ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be committed to prison, the Court, for reasons recorded in writing, is satisfied

that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the decree,

is likely to abscond or leave the local limits of the jurisdiction of the Court, or has, after the institution of the suit in which the decree was passed, dishonestly transferred, concealed, or removed any part of his property, or committed any other act of bad faith in relation to his property ; or

that the judgment-debtor has, or has had since the date of the decree, the means to pay the amount of the decree or some substantial part thereof and refuses or neglects or has refused or neglected to pay the same, or

that the decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to account.

the amount mentioned in the warrant for his detention is paid to the officer in charge of the prison ; or

the decree against him is otherwise fully satisfied ; or

the person on whose application he has been detained so requests: 159. [Release on ground of illness.] Omitted by the Code of Civil Procedure (Amdt.) Ordinance, 1980 (X of 1980), s. 9.

the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman ;

tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable him to earn his livelihood as such, and such portion of agricultural produce or of any class of agricultural produce as may have been declared to be free from liability under the provisions of the next following section;

houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to an agriculturist and occupied by him ;

books of account ;

a mere right to sue for damages ;

any right of personal service ;

stipends and gratuities allowed to pensioners of the Government, or payable out of any service family pension fund notified3 in the official Gazette by the Federal Government or the Provincial Government in this behalf, and political pensions ; (h) the wages of labourers and domestic servants, whether payable in money or in kind ; ; (i) salary to the extent of the first hundred rupees and one-half of the remainder:

the pay and allowances of persons to whom the Pakistan Army Act, 1952 (XXXIX of 1952), applies,or of persons other than commissioned officers to whom the Pakistan Navy Ordinance, 1961, (XXXV of 1961), applies ;

all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act,1925 (XIX of 1925), for the time being applies in so far as they are declared by the said Act not to be liable to attachment; (l) any allowance forming part of the emoluments of any servant of the State or of any servant of a railway * or local authority which the appropriate Government may by notification11 in the official Gazette declare to be exempt from attachment, and any subsistence grant or allowance made to any such servant while under suspension ;

an expectancy of succession by survivorship or other merely contingent or possible right or interest ;

a right to future maintenance ;

any allowance declared by any Pakistan law to be exempt from liability to attachment or sale in execution of a decree ; and

where the judgment-debtor is a person liable for the payment of land-revenue, any moveable property which, under any law for the time being applicable to him, is exempt from sale for the recovery of an arrear of such revenue. Explanation 1.The particulars mentioned in clauses (g), (h), (i), (j), (l) and (o) are exempt from attachment or sale whether before or after they are actually payable, and in the case of salary other than salary of a servant of the State or a servant of a railway * or local authority the attachable portion thereof is exempt from attachment until it is actually payable. Explanation 2. In clauses (h) and (i), “salary” means the total monthly emoluments, excluding any allowance declared exempt from attachment under the provisions of clause (l), derived by a person from his employment whether on duty or on leave. Explanation 3. In clause (l) “appropriate Government” means (i) as respects any person in the service of the Federal Government, or any servant of railway or of a cantonment authority or of the port authority of a major port, the Federal Government ; (iii) as respects any other servant of the State or a servant of any local authority, the Provincial Government.

for the transmission of the decree from the Court to the Collector, and for regulating the procedure of the Collector and his subordinates in executing the same, and for retransmitting the decree from the Collector to the Court ;

conferring upon the Collector or any gazatted subordinate of the Collector all or any of the powers which the Court might exercise in the execution of the decree if the execution thereof had not been transferred to the Collector ;

providing for orders made by the Collector or any gazatted subordinate of the Collector, or orders on appeal with respect to such orders, being subject to appeal to, and revision by, superior revenue-authorities as nearly as may be as the orders made by the Court, or orders made on appeal with respect to such orders, would be subject to appeal to, and revision by, appellate or revisional Courts under this Code or other law for the time being in force if the decree had not been transferred to the Collector.

where any property is sold subject to a mortgage or charge, the mortgagee or incumbrancer shall not be entitled to share in any surplus arising from such sale;

where any property liable to be sold in execution of a decree is subject to a mortgage or charge, the Court may, with the consent of the mortgagee or incumbrancer, order that the property be sold free from the mortgage or charge, giving to the mortgagee or incumbrancer the same interest in the proceeds of the sale as he had in the property sold ;

where any immoveable property is sold in execution of a decree ordering its sale for the discharge of an incumbrance thereon, the proceeds of sale shall be applied first, in defraying the expenses of the sale ; secondly, in discharging the amount due under the decree ; thirdly, in discharging the interest and principal monies due on subsequent incumbrances (if any) ; and fourthly, rateably among the holders of decrees for the payment of money against the judgment debtor, who have, prior to the sale of the property, applied to the Court which passed the decree ordering such sale for execution of such decrees, and have not obtained satisfaction thereof.

to examine any person ;

to make a local investigation ;

to examine or adjust accounts ; or

to make a partition.

Courts situate beyond the limits of Pakistan and established or continued by the authority of the Federal Government, or (c) Courts of any State or country outside Pakistan.]. PART V SUITS IN PARTICULAR CASES SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

in the case of a suit by or against the Federal Government, Pakistan;

in the case of a suit by or against a Provincial Government, the Province ; and

the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and,

where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person.

any private immoveable property situated in Pakistan held by him in his private capacity and not on behalf of the sending State for the purpose of the mission ;

a succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;

any professional or commercial activity exercised by the diplomatic agent in Pakistan outside his official functions.

removing any trustee ;

appointing a new trustee ;

vesting any property in a trustee ;

directing accounts and inquiries ;

declaring what proportion of the trust-property or of the interest therein shall be allocated to any particular object of the trust ;

authorising the whole or any part of the trust-property to be let, sold, mortgaged or exchanged ;

settling a scheme ; or

granting such further or other relief as the nature of the case may require.

issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison ;

direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property ;

grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold ;

appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property ;

make such other interlocutory orders as may appear to the Court to be just and convenient.

it appears to the Court that such arrest, attachment or injunction was applied for on insufficient grounds, or

the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable ground for instituting the same, the defendant may apply to the Court and the Court may, upon such application, award against the plaintiff by its order such amount, not exceeding ten thousand rupees, as it deems a reasonable compensation to the defendant for the expense or injury caused to him:

the decision being contrary to law or to some usage having the force of law;

the decision having failed to determine some material issue of law or usage having the force of law; or

a substantial error or defect in the procedure provided by this Code or by any other law for the time being in force, which may possibly have produced error or defect in the decision of the case upon the merits.

to determine a case finally;

to remand a case;

to frame issues and refer them for trial;

to take additional evidence or to require such evidence to be taken.

from appellate decrees, and

from orders made under this Code or under any special or local law in which a different procedure is not provided.

from the decree or order of one Judge of a High Court, or of one Judge of a Division Court, or of two or more Judges of such High Court, or of a Division Court constituted by two or more Judges of such High Court, where such Judges are equally divided in opinion and do not amount in number to a majority of the whole of the Judges of the High Court at the time being ; or (b) from any decree from which, under section 102, no second appeal lies.

to affect the powers of the Supreme Court under Article 191 of the Constitution or any other provision thereof ; or

to interfere with any rules made by the Supreme Court, and for the time being in force, for the presentation of appeals to that Court, or their conduct before that Court.

an appeal is allowed by this Code, but from which no appeal has been preferred; or

no appeal is allowed by this Code, may apply for a review of judgment to the Court which passed the degree or made the order, and the Court may make such order thereon as it think fit.

to have exercised a jurisdiction not vested in it by law; or

to have failed to exercise a jurisdiction so vested; or

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:

three Judges of the High Court established at the town at which such Committee is constituted, one of whom at least has served as a District Judge or a Divisional Judge for three years, 5 [(c) two advocates practising in that Court, and]

a Judge of a Civil Court subordinate to the High Court,

the service of summonses, notices and other processes by post or in any other manner either generally or in any specified areas, and the proof of such service;

the maintenance and custody, while under attachment, of live-stock and other moveable property, the fees payable for such maintenance and custody, the sale of such live-stock and property, and the proceeds of such sale;

procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of jurisdiction;

procedure in garnishee and charging orders either in addition to, or in substitution for, the attachment and sale of debts ;

procedure where the defendant claims to be entitled to contribution or indemnity over against any person whether a party to the suit or not;

summary procedure

in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising on a contract express or implied; or on an enactment where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or on a guarantee, where the claim against the principle is in respect of a debt or a liquidated demand only; or on a trust; or in suits for the recovery of immoveable property, with or without a claim for rent or mesne profits, by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or has become liable to forfeiture for non-payment of rent, or against persons claiming under such tenant;

procedure by way of originating summons;

consolidation of suits, appeals and other proceedings;

delegation to any Registrar, Prothonotary or master or other official of the Court of any judicial, quasi-judicial and non-judicial duties; and

all forms, registers, books, entries and accounts which may be necessary or desirable for the transaction of the business of Civil Courts.

any Court or Magistrate, or

any officer or other person whom a High Court may appoint in this behalf, or 1(c) any officer appointed by any other Court which the Provincial Government has generally or specially empowered in this behalf, may administer the oath to the deponent.

for the performance of any decree or any part thereof, or

for the restitution of any property taken in execution of a decree, or

for the payment of any money, or for the fulfillment of any condition imposed on any person, under an order of the Court in any suit or in any proceedings consequent thereon, the decree or order may be executed against him, to the extent to which he has rendered himself personally liable, in the manner herein provided for the execution of decrees, and such person shall, for the purposes of appeal, be deemed a party within the meaning of section 47: surety.

for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to;

against such one or more of the defendants as may be found to be liable, according to their respective liabilities.

claims for mesne profits or arrears of rent in respect of the property claimed or any part thereof;

claims for damages for breach of any contract under which the property or any part thereof is held; and

claims in which the relief sought is based on the same cause of action:

persons holding powers-of-attorney, authorizing them to make and do such appearances, applications and acts on behalf of such parties ;

persons carrying on trade or business for and in the names of parties not resident within the local limits of the jurisdiction of the Court within which limits the appearance, application or act is made or done, in matters connected with such trade or business only, where no other agent is expressly authorized to make and do such appearances, applications and acts.

the names of the parties to the suit,

the name of the party for whom he appears, and

the name of the person by whom he is authorized to appear:

in person, or

by a pleader duly instructed and able to answer all material questions relating to the suit, or

by a pleader accompanied by some person able to answer all such questions.

within the local limits of the Court's ordinary original jurisdiction, or

without such limits but at a place less than fifty or (where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the Court is situate) less than two hundred miles distance from the court-house.

affixing a copy of the summons at some conspicuous part of the house, if any, in which the defendant is known to have last resided or carried on business or personally worked for gain; or

any electronic device of communication which may include telegram, telephone, phonogram, telex, fax, radio and television; or

urgent mail service or public courier services; or

beat of drum in the locality where the defendant resides; or

publication in press; or

any other manner or mode as it may think fit:

in the exercise of any foreign or extra provincial jurisdiction vested in the Federal Government, a Political Agent has been appointed, or a Court has been established or continued, with power to serve a summons issued by a Court under this Code in any foreign territory in which the defendant resides, or (i)the Civil Courts in the Federation of Malaya in so far as the Chief Commissioner’s Province of Baluchistan and the Capital of the Federation are concerned, see Gaz. of P., 1949, Pt.I, P.258 and ibid., Pt.II A, P. 68 (ii)all Civil and Revenue Courts of India; and service by any Civil or Revenue Court of India of any summons issued under the Code of Civil Procedure, 1908, by a Court of the Province of Sind shall be deemed to be valid, see Sind Government Gazette, Extraordinary, dated 3rd July, 1952. Pt. I, P. 437. (iii)all Civil and Revenue Courts in India and Service by such Courts of any summons issued under the said Code by a Court in the N.W.F.P, Baluchistan or Karachi shall be deemed to be valid service, see N.W.F.P Government Gazette, 1952, Pt. I, P. 248 and Gaz., of P. 1952, Pt. I, P. 119 and ibid., Pt. VI, p. 126. all Civil and Revenue Courts in India; and that service by such Courts of any summons issued under the said Code by a Court in Khairpur State shall be deemed to be valid service, see Khairpur State Gazette, Ext., 1952, dated the 18th September, 1952.

all Civil and Revenue Courts in India; and service by such Courts of any summons issued under the said Code by a Court in the Bahawalpur State shall be deemed to be valid service, see Bahawalpur Govt. Gazette, dated the 2nd October, 1952. all Civil and Revenue Courts of India; and service by any civil or Revenue Court in India, within whose jurisdiction the person to be served resides of any summons issued by a Court under the said Code shall be deemend to be valid service, see Punjab Gazette, Ext., 1951, dated the 1st September, 1951, p. 1743. all Civil and Revenue Courts in the Union of Burma, in respect of Baluchistan; and service by such Courts of any summons issued under the said Code by a Court in Baluchistan shall be deemed to be valid service see Gaz. of P., Ext., 1954, p. 1873. all Civil and Revenue Courts in the Union of Burma, in respect of Karachi; and service by such Courts of any summons issued under the said Code by a Court in Karachi shall be deemed to be valid service, see Gaz. of p., Extra., 1954, p. 1997. all Civil and Revenue Courts of the Union of Burma; and service by such Courts of Summonss issued under the said Code by A Court in East Bengal shall be deemed to be valid service, see Dacca Gazette, Ext., dated 18th October, 1954, Pt. I, p. 3053.

all Civil and Revenue Courts of the Union of Burma; and service by such Courts of any summons issued under the said Code by a Court in the N.W.F.P, shall be deemed to be valid service, see N.W.F.P, Gazette, 1954, Pt. I, p. 523. all Civil and Revenue Courts of the Union of Burma; and service by such Courts of any summons issued under the said Code by a Court in the Province of Punjab, shall be deemed to be valid service, see Gaz. of Punjab, 1954, Pt. I, p. 843. all Civil and Revenue Courts of the Union of Burma; and service by such Courts of any summons issued under the said Code by a Court in the Province of Sind, shall be deemed to be valid service, w.e.f. 18th October, 1954, see Gaz. of Sind, 1954, pt I, p. 940. all Civil and Revenue Courts in the Federal Republic of Germany; and service by such Courts of summons issued under the said Code by a Court in Baluchistan shall be deemed to be valid service, see Gaz. of P. 1955, Pt. I, p. 126. the summonses issued by any Civil or Revenue Courts in Pakistan may be sent to the Courts in the Union of Burma and served as if they had been issued by such Courts, see Gaz of 1955, P.I, p. 143. service by any Court situated in Pakistan, of any summons issued by a Court of the Union of Burma shall be deemed to be valid service, see Gaz. of P., 1955, Pt. I, p. 143. all Civil and Revenue Courts in the Federal Republic of Germany an services by such Courts of any summons issued under the said Code by a Court in Karachi, shall be deemed to be valid service, with effect on and from the 1st June, 1955, see Gaz. Of P., 1955, Pt. VI, p. 102. all Civil and Revenue Courts in the Federal Republic of Germany; and service by such Courts of any summons issued under the said Code by a Court in the Province of East Bengal shall be deemed to be valid service see Dacca Gazette, 1955, Pt. I, p. 1051. all Civil Courts in Switzerland and the service by such Courts of any summons issued under the Code (C.Pr.C.) by a Court in the Province of W. Pakistan shall be deemed to be valid service, see W.P. Gaz., 1959, Ext. p. 843. (b) the Provincial Government has, by notification in the official Gazette, declared4, in respect of any Court situate in any such territory and not established or continued in the exercise of any such jurisdiction as aforesaid, that service by such Court of any summons issued under this Code by a Court of the Province shall be deemed to be valid service, the summons may be sent to such Political Agent or Court, by post or otherwise, for the purpose of being served upon the defendant ; and, if the Political Agent or Court returns the summons with an endorsement signed by such Political Agent or by the Judge or other officer of the Court that the summons has been served on the defendant in manner hereinbefore directed, such endorsement shall be deemed to be evidence of service.

in the case of a defendant serving in connection with the affairs of the Government of India or a servant of a Railway in India, to the Secretary to the Government of India in the Ministry of Home Affairs, and

in the case of a defendant serving in connection with the affairs of any other Government in India, or in the case of a servant of a local authority in India, to the Home Secretary to that Government or, as the case may be, to the Home Secretary to the Government in whose territories the local authority has its jurisdiction.

the name of the Court in which the suit is brought;

the name, description and place of residence of the plaintiff;

the name, description and place of residence of the defendant, so far as they can be ascertained;

where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;

the facts constituting the cause of action and when it arose;

the facts showing that the Court has jurisdiction;

the relief which the plaintiff claims;

where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and

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.

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

draft forms of summons and fees for the service thereof.

where it does not disclose a cause of action:

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:

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:

where the suit appears from the statement in the plaint to be barred by any law.

the names and addresses of the persons whom, in the event of the death of the plaintiff, may be made a party as his legal representatives;

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.

file in the Court an amended list, of his presumptive legal representatives;

nominate another person, in the place of the person nominated under clause (b) of sub-rule (1), for the purposes of that clause.

A bequeaths Rs.2,000 to B and appoints C his executor and residuary legatee. B dies and D takes out administration to B's effect. 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.

A dies intestate and in debt to B.C takes out administration to A's effects and B buys part 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.

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.

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.

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.

A and B sue C for Rs.1,000, C cannot set-off a debt due to him by A alone.

A sues B and C for Rs.1,000. B cannot set-off a debt due to him alone by A.

A owes the partnership firm of B and C Rs.1,000. 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.

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;

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.

file in the Court an amended list of his presumptive legal representatives.

nominate another person, in the place of the person nominated under clause (b) of sub-rule (1), for the purposes of that clause.

he has failed after using his best endeavours to discover the residence of the defendant who has not been served, or

such defendant is avoiding service of process, or

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.

When summons duly served. if it is proved that the summons was duly served, the Court may proceed ex parte and pass decree without recording evidence;

When summons not duly served. 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;

When summons served, but not in due time. 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.

Conduct preliminary proceedings and issue orders for expediting processing of the case; issue, with the consent of parties, commission to examine witnesses, admit documents and take other steps for the purpose of trial; adopt, with the consent of parties, any alternative method of dispute resolution including mediation, conciliation or any such other means.