Versions of this Act (includes consolidations, Reprints and “As passed” versions). There are changes that may be brought into force at a future date. The defence is not barred B. 2 Commencement This Regulation commences on 1 September 2012 and is required to be published on the NSW legislation website. (7) Sections 36 to 43 to all the Scheduled Districts in Madras: Gazette Of India, 1909, Pt.I, p.152. WHEREASit is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; It is hereby enacted as follows:-, Application of the Code to Revenue Courts, Courts to try all civil suits unless barred, Suits to be instituted where subject matter situate, Suits for immovable property situate within jurisdiction of different Courts, Place of institution of suit where local limits of jurisdiction of Courts are uncertain, Suits for compensation for wrongs to person or movables, Other suits to be instituted where defendants reside or cause of action arises, Power to transfer suits which may be instituted in more than one Court, Power of State Government to transfer suits, Service of summons where defendant resides in another State, Service of foreign summonses.Summonses and other processes issued by 30, Power to order discovery and the like.Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party, Definition of Court which passed a decree, Transfer of decree to Court in another State, Result of execution-proceedings to be certified, Powers of Court in executing transferred decree, Execution of decrees passed by Civil Courts in places to which this Code does not extend, Execution of decrees passed by Revenue Courts in places to which this Code does not extend, Execution of decrees passed by Courts in reciprocating territory, Questions to be determined by the Court executing decree, Enforcement of decree against legal representative, Partition of estate or separation of share, Prohibition of arrest or detention of women in execution of decree for money, Property liable to attachment and sale in execution of decree, Partial exemption of agricultural produce, Property attached in execution of decrees of several Courts, Private alienation of property after attachment to be void, Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff, Power for State Government to make rules as to sales of land in execution of decrees for payment of money, Power to prescribe rules for transferring to Collector execution of certain decrees, Where Court may authorize Collector to stay public sale of land, Proceeds of execution-sale to be rateably distributed among decree-holders, Exemption from arrest and personal appearance, Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers, Suits against foreign Rulers, Ambassadors and Envoys, Style of foreign Rulers as parties to suits, Application of sections 85 and 86 to Rulers of former Indian States, Where interpleader suit may be instituted, Exercise of powers of Advocate General outside presidency-towns, Compensation for obtaining arrest, attachment or injunction on insufficient grounds, Appeal from final decree where no appeal from preliminary decree, Decision where appeal heard by two or more Judges, No decree to be reversed or modified for error or irregularity not affecting merit or jurisdiction, Power of High Court to determine issues of fact, Procedure in appeals from appellate decrees and orders, Part to apply only to certain High Courts, Execution of decree before ascertainment of costs, Unauthorized persons not to address Court, Provision not applicable to High Court on original civil jurisdiction, Power of certain High Court to make rules, Constitution of Rule Committees in certain States, Power of High Courts to make rules as to their original civil procedure, Power of other High Courts to make rules as to matters other than procedure, Exemption of certain women from personal appearance, Exemption from arrest under civil Process, Exemption of members of legislative bodies from arrest and detention under civil process, Procedure where person to be arrested or property to be attached is outside district, Power of High Court to require evidence to be recorded English, Oath on affidavit by whom to be administered, Proceedings by or against representatives, Consent or agreement by persons under disability, Power to make up deficiency of court-fees, Amendment of judgments, decrees or orders, Continuance of Orders under repealed enactments, Reference to Code of Civil Procedure and other repealed enactment, Appearance of Parties and Consequence Of Non-Appearance, Production, Impounding And Return Of Documents, Settlement Of Issues And Determination Of Suit On Issues Of Law Or On Issues Agreed Upon, Disposal Of The Suit At The First Hearing, Hearing Of The Suit And Examination Of Witnesses, Death, Marriage And Insolvency Of Parties, Suits By Or Against The Government Or Public Officers In Their Official Capacity, Suits Involving A Substantial Question Of Law As To The Interpretation Of The Constitution, Suits By Or Against Military Or Naval Men Or Airmen, Suits By Or Against Firms And Persons Carrying On Business In Names Other Than Their Own, Suits By Or Against Trustees, Executors And Administrators, Suits By Or Against Minors And Persons Of Unsound Mind, Suits Relating To Mortgages Of Immovable Property, Summary Procedure On Negotiable: Instruments, Temporary Injunctions And Interlocutory Orders. Changes that have been made appear in the content and are referenced with annotations. 38 of 1968, Sch. Civil Proceedings Act 2011 An Act to provide for various matters concerning civil proceedings and proceedings in relati on to contempt of court in the Supreme Court, the District Court and the Magistrates Courts Part 1 Preliminary 1 Short title This Act may be cited as the Civil Proceedings Act 2011. Definitions 4.Application of Parts 3-10 5.Jurisdiction of courts 6.Repeals, amendments and savings provisions 7.Review of Act PART 2 - ADMINISTRATIVE MATTERS Division 1 - Rules, practice notes and forms 8. This Act shall extend to proceedings in the High Court and magistrates courts. 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 principal is in respect of a debt or a liquidated demand only or on a trust; or. (2) This Code shall come into force on 17 August 2018 (first day of the month of Bhadra of the year 2075). An Act to make provision for procedure in civil courts. The Constitution Of The Democratic Socialist Republic Of Sri Lanka of 1978. 18 of 2018, Sch.]. 2 Interpretation (1) In this Act— The Victorian Civil Procedure Act 2010 (“the CPA”), which commenced operation on 1 January 2011, is an important step in the evolution in civil procedure that has been underway for some time, in Victoria, Australia and around the world. courts, 47.Private alienation of property after attachment to be void, 49.Suit against purchaser not maintainable on ground of purchase LAWS OF MALAYSIA. This Act may be cited as the Civil Dispute Resolution Act 2011. Amended by General Law Amendment Act 49 of 1996 in suits for the recovery of immovable 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 for non-payment of rent, or against persons claiming under such tenant; a judge of the Environment and Land Court; one judge of the Employment and Labour Relations Court who is a member of the Employment and Labour Relations Court Rules Committee; two Magistrates, one of whom shall be the Secretary to the Committee; eight advocates nominated by the Law Society of Kenya to represent each of the branches of the Society established under section 24 of the Law Society Act, 2014; and, one representative from the Kenya Law Reform Commission; and. It has been extended to the Districts of Koraput and Ganjam Agency by Orissa Regulation, 5 of 1951, s.2.}. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Civil Procedure Act 1997 is up to date with all changes known to be in force on or before 05 December 2020. 15 December 2011.] different courts, Suit for compensation for wrong to the person or movables, Other suits to be instituted where defendant resides or cause jurisdiction, 79D.Grounds for second appeal from High Court, 79E.No second appeal from High Court in certain cases, 79G.Time for filing appeals from subordinate courts, 83.Arrest other than in execution of decree, 84.Exemption from arrest under civil process, 85.Procedure relating to arrest and attachment, 93.Consent or agreement by persons under disability, 94.Execution of decree of High Court before costs ascertained, 96.Power to make up deficiency of court fees, 98.Execution of instruments by order of court, 99.Amendment of judgments, decrees or orders, if a suit is instituted in a court other than a court of the lowest grade competent to try it, the magistrate holding such court shall return the plaint for presentation in the court of the lowest grade competent to try it if in his opinion there is no point of law involved or no other good and sufficient reason for instituting the suit in his court; and, nothing in this section shall limit or affect the power of the High Court to direct the distribution of business where there is more than one subordinate court in the same district. 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