in Jan 1, 2023 · (a)(1) As an alternative to issuing a warrant for contempt pursuant to paragraph (5) or (9) of subdivision (a) of Section 1209, the court may issue a warrant for the arrest of a witness who failed to appear pursuant to a subpoena or a person who failed to appear pursuant to a court order. Summons to witness. Introduction 2. 20] part 3 - of special proceedings of a civil nature [1063 - 1822. In urgent cases, an application may be heard on a Saturday or a holiday by the on-call judge designated by the chief Jul 19, 2024 · The Code of Civil Procedure, 1908 1973: Accessible_(PDF 8. Object of Section 151 4. Section 96 CPC - Code of Civil Procedure - Appeal from original decree. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature : It is hereby enacted as follows : — PRELIMINARY 1. Skip it unless especially needed. -[Save as otherwise provided in sub-section (2), no suit shall be instituted ] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 27, for " No suit shall be instituted" (w. Section 2(5) of CPC See full list on blog. Section 39 CPC Description (1) The Court which passed a decree may, on the application of the decree-holder, send it for execution to another Court 1[of competent jurisdiction],-(a) 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 (b) if such Oct 30, 2020 · Definitions (Sec. 25MB) 55: Rate of interest after decree and interest on costs under sections 34 and 35, of the Code of Civil Procedure, 1908 : 1973: Accessible_(PDF 728KB) 56: Statutory Provisions as to Notice of suit other than section 80, Civil Procedure Code 1973: Accessible_(PDF 849KB) 139 CPC Section 9. It has on the whole worked satisfactorily and smoothly and has evoked the admira- tion of many distinguished authorities. No. Civil Procedure Code UPSC Notes:-Download PDF Here. Power of court to order separate trial [Order 1, rule 2. 3 Cases wh ere court may set aside or vary default Union of India - Section Section 25 in The Code of Civil Procedure, 1908 25. -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. Union of India - Section Section 92 in The Code of Civil Procedure, 1908 92. Application 1Subject to the express provisions of any written law, the provisions of this Code shall apply to all The Civil Procedure Code [CAP. 135A. ] A civil court has vast powers and the law related to the same has been enumerated under section 148 to section 153A of the Civil Procedure Code. 105] CIVIL PROCEDURE CODECHAPTER 105CIVIL PROCEDURE CODEOrdinances AN ORDINANCE TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE PROCEDURE OFNos. It states that foreign Judgement means the Judgement of a foreign Court. Nov 30, 2019 · Civil Procedure Code Chapter 33. –In the said Act, after Section 158, the following new section shall be inserted, namely:- Contains all Enforced Central and State Acts linked with Subordinate Data like Rules,Regulations,Notifications,Orders,Circulars,Ordinances,Statutes. Jun 17, 2016 · A civil offence may concern issues such as property disputes, matrimonial disputes and most economic offences. †The wording of the Section 73(1) of the Arbitration and Conciliation Act is borrowed under this section defeating the objective with which the section was We would like to show you a description here but the site won’t allow us. Sep 26, 2023 · Section 2(6) of the Code of Civil Procedure, 1908 (CPC) defines foreign Judgement. An eminent Chief Justice of a High Court observed recently thuslz "The more you study the Civil Procedure Code the more you realise what an admirable piece of legis- lation it is. 79 of 1988 (hereinafter referred to as the "principal enactment") is hereby amend by the It is also referred to as the Civil Procedure Code. When foreign judgment not conclusive. ] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 13 (w. e. 27. CPC Section 11. Part IA – Preliminary provisions 1. Code of Civil Procedure, 1908 [1908 : V] M. 2 In the alternative, the order of thesubmitted that Section 13 CPC specifically excludes the execution of such decrees which are mentioned under clauses (a) to (f) thereof and this section does not mention decrees for the costs civil-procedure-code Cap. ” Updated: Thursday March 10, 2022 / AlKhamis Sha'ban 07, 1443 / Bruhaspathivara Phalguna 19, 1943, at 08:21:59 PM The Code of Civil Procedure, 1908 [1] Act No. To w ha Explanation II. Go directly to Part IX) Jan 22, 2017 · This Section 10 of the Civil Procedure Code, 1908 is based on the principle 1908 [12] Mulla – Code of Civil Procedure (Abridged) [13] Sarkar’s Under section 3 (3) (a) of the Sonthal Parganas Settlement Regulation (3 of 1872). Final decision with regards to civil rights ,duty, obligation and status of parties shall be that of civil court. 1 Scope of this Part 73 Rule 13. Universal Citation: CA Civ Pro Code § 13 (2023) Previous Next Union of India - Section Section 13 in The Code Of Civil Procedure (Amendment) Act, 2002 13. 49 (1) and the Third Sch. f. Point to be noted, milord! There are some offences that may be civil and criminal in nature. [Execution of Decrees by Collectors. Limitations 6. Where inherent powers can be exercised 7. 2. (iv) Section 11 of the Code of Civil Procedure has no doubt some technical aspects for instance the rule of constructive res judicata may be said to be technical but the basis of which the said rule rests is founded on the consideration of public policy; Sumer Mal v. L Text and Reference Books : Mulla Civil Procedure Code Sarkar : Code of Civil Procedure Mulla : Key to Indian Practice C. by the Arbitration Act, 1940 (10 of 1940), s. S. CPC Section 12. ,M. Summons given to the plaintiff for service. In written examinations, situation-based questions frequently come. Jan 18, 2017 · Section 13 and Section 14. I (a) if any claimant claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument or contract, or against any right, title or claim whatsoever asserted by any defendant in such cause or matter, or to any relief founded upon a legal right, which before 1 January 1879 could only have been given by the court on its equity side, the Order 43 CPC Description. ] An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. As per Section 2(5) of CPC, a foreign Court means a Court situated outside India and not established or continued by the authority of the Central Government. –In the said Act, in Section 151, after word “Court”, occurring for the first time, the words “to be exercised after recording reasons” shall be inserted. " 2023 California Code Code of Civil Procedure - CCP PRELIMINARY PROVISIONS Section 13. Saving of inherent powers of Court . The Code of Civil Procedure, 1908 (5 of 1908) [21st March, 1908] 1. Union of India - Section Section 2 in The Code of Civil Procedure, 1908 2. Res judicata. 24. W he n f or e ign j udgm e nt not c onc lusive . Replacement of section 39 of the [(ffa) an order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be;] (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 135. P r e sum pt ion a s t o f or e ign j udgm e nt . 2558 (2015) shall be repealed and replaced with the following: “(2) a plaint or a request submitted in connection with the execution of a Updated: Thursday March 10, 2022 / AlKhamis Sha'ban 07, 1443 / Bruhaspathivara Phalguna 19, 1943, at 08:21:59 PM The Code of Civil Procedure, 1908 [1] Act No. A corporation shall be deemed to carry on business at its sole or principal office in [India] [Substituted by Act 2 of 1951, Section 3, for " the States" . Second appeal [Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial CIVIL PROCEDURE RULES - 2002 xii Rule 12. A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-(a) where it has not been pronounced by a Court of competent jurisdiction; Mar 29, 2020 · Irrespective of the decree being reciprocating or non- reciprocating, the decree must comply with the requirements set out in Section 13 of the Civil Procedure Code. Courts to try all civil suits unless barred. 2 Cases where court must set aside default judgment 73 Rule 13. 1977). 60] part 4 - miscellaneous provisions [1855 - 2107] 18. of the Civil Procedure Code. CPC Section 15. The Code of Civil Procedure, 1908 was further amended in the year 2018. Where inherent power cannot be exercised Introduction Section 151 is a saving provision and gives legislative perception of […] Feb 25, 2021 · In this section, the expression “any case which has been decided” includes any order made, or any order deciding an issue in the course of a suit or other proceeding. Presumption as to foreign judgments. 2 of 1889, t h e C iv il C o u r t s . 2. -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. , C. Service of summons where defendant resides outside jurisdic-tion of court. 16. Take the 2014 Uttarakhand Judicial Services Examination question on CPC down below as an example: “On the basis of the title, ‘A’ for the possession of land, filed a suit against ‘B’. B. Read the code on FindLaw as specified in Section 13 of Article VI of the California Contains all Enforced Central and State Acts linked with Subordinate Data like Rules,Regulations,Notifications,Orders,Circulars,Ordinances,Statutes. 28), B. Section 96 CPC Description (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 the Court authorized to hear appeals THE CODE OF CIVIL PROCEDURE, 1908 ACT NO. 25. RAMA RAO B. Place of Suing 15. Notice . Insertion of new section, Act No. Amendment of Order XVIII. CPC Section 10. Court in which suits to be instituted. ) SECTION 9. Appeal from order passed under Section 151 5. Where inherent power cannot be exercised Introduction Section 151 is a saving provision and gives legislative perception of […] Feb 6, 2020 · Reciprocating Territory and Superior Court in the Indian Civil Procedurs Code. 11 of 2010 6 (3) by the substitution, for Form 84 thereof, of the following Form:— “No. Power of High Court to require evidence to be recorded in English. 136. Section 1 of the Civil Procedure Code(Amendment) Act,No. 1950, and Tamil Nadu Act 15 of 1970; to Punjab by Punjab Act 7 of 1934; to Uttar Pradesh by U. Foreign Judgement When Not Jan 9, 2020 · The person seeking execution shall show that the foreign decree passes the tests of Section 13. It covers various areas which are related to the people as well as society. Exemption from arrest under civil process. 38 to 42 and 156 and rules 4 to 9 in Order XXI in the First Schedule have been declared to be in force in the Sonthal Parganas and the rest of the Code for the trial of suits referred to in section 10 of the Sonthal Parganas Justice Regulation, 1893 (5 of 1893 This Act may be cited as the Civil Procedure Code (Amendment) Act. Section 148 clearly points out that the court has no application when the time has not been fixed or granted for doing a particular act that has not been prescribed or allowed by the court. It is a […] A second objection petitiothe judgment and decree dated April 20, 1998 passed by the London Court was not ajudgment on merits in terms of Section 13(b). E. CPC Section 13. The Act was first enacted in the year 1859 as Act No. 14. 84 (Section 529 (2)) FORM OF NOTICE TO BE PUBLISHED BY THE PROBATE OFFICER Notice under section. 29 of 2023 8 documents in electronic form, and where no such admission is recorded, the court shall make an appropriate pre-trial order under section 142B with regard to the admissibility of such documents at the pre-trial conference. Apr 1, 2021 · Section 13 CPC Description. Commenced on 1 January 1967 [This is the version of this document as it was at 30 November 2019 to 20 February 2020. VIEW OF SUPREME COURT 9. CIVIL PROCEDURE CODE AN ORDINANCE TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE PROCEDURE OF THE CIVIL COURTS. The Supreme Court has extended its scope by giving various types of judgments. Section 9 of Civil Procedure Code was amended by (Maharashtra Amendment) Act, 1970 which inserted section 9A. 137. Acts 4 of 1925, 35 of 1948, 24 of 1954, 17 of 1970, 57 of 1976 and 31 of 1978; to Union of India - Section Section 151 in The Code of Civil Procedure, 1908 151. -In the First Schedule, in Order XVIII,-(a) in rule 2, after sub- rule (3), the following sub- rules shall be inserted, namely:-Any party may address oral arguments in a case, and shall, before he concludes the oral arguments, if any, submit if the Court so permits concisely May 7, 2021 · Section 13 CPC Description. Section 13 reads as under : A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or section 5 of Chapter 101. -The Court may, in addition to the service of summons under rule 9, on the application of the plaintiff for the issue of a summons for the appearance of the defendant, permit such plaintiff to effect ser ice of such summons on such defendant and shall, in such Nov 30, 2019 · An Act to provide for the procedure and related matters in civil proceedings. Arrangement of Sections: CIVIL PROCEDURE RULES, 2010. Jan 1, 2023 · California Code, Code of Civil Procedure - CCP § 1985 Current as of January 01, 2023 | Updated by FindLaw Staff (a) The process by which the attendance of a witness is required is the subpoena. Jan 1, 2023 · (b) A copy of an affidavit shall be served with a subpoena duces tecum issued before trial, showing good cause for the production of the matters and things described in the subpoena, specifying the exact matters or things desired to be produced, setting forth in full detail the materiality thereof to the issues involved in the case, and stating that the witness has the desired matters or Study Civil Procedure Code for Mains examination. Anand. SECTION 11, CIVIL PROCEDURE CODE: RES JUDICATA: Union of India - Section Section 80 in The Code of Civil Procedure, 1908 80. Appeal from original decree . Amendment of Section 151, Act V of 1908. [* * * *] [ Explanation ] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 7, for " Explanation II" (w. Power to order discovery and the like. 139. 13. Judgment and decree. Interest on judgment The drafting of the Section 89 was said to be done in a haphazard manner and the interpretation of the Section was observed to be, in the Afcons' case, “A trial judge's nightmare. 13 Defendant's rights following default judgment 72 Part 13 - Setting Aside or Varying Default Judgment 73 Rule 13. 5 OF 1908 1 [21st March, 1908. 5 of 1908) An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. -In this Act, unless there is anything repugnant in the subject or context,-"Code" includes rules; "decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in Sep 8, 2021 · A Code, as defined under Section 2 (1) of the Code of Civil Procedure, 1908, is generally a set of rules that regulates the locomotion of a case in a court. The order Section 13, Civil Procedure Code, and is not executable in India. Summons to defendant. The Section reads “subject to provisions herein contained courts shall have the jurisdiction to adjudicate on all suits of a civil nature barring those the cognizance of which are impliedly or expressly barred. O. Section 13 deals with the principle of Private International Law, which states that the indian court will not enforce a foreign judgment if the judgment is not that of a competent court. This means that the person who has been affected may proceed against the other on civil and criminal charges and institute suits on both grounds. V of 1908 [21st March 1908] Study Civil Procedure Code for Mains examination. 25. A. This Ordinance may be cited as the Civil Procedure Code. . 33 R. P. Union of India - Section Section 9A in The Code Of Civil Procedure (Amendment) Act, 2002 9A. 26. 11 Interest 72 Rule 12. [ Power of Supreme Court to transfer suits, etc On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or Feb 22, 2022 · Introduction. This Act has been amended in its application to Assam by Assam Acts 2 of 1941 and 3 of 1953; to Tamil Nadu by Madras Act 34 of 1950, Madras A. 12 of 1895,23 of 1901,12 of 1904,14 of 1907,31 of 1909,9 of 1917,39 of 1921,42 of 1921,21 of… Union of India - Section Section 96 in The Code of Civil Procedure, 1908 96. the code of civil procedure of california preliminary provisions; part 1 - of courts of justice [35 - 286] part 2 - of civil actions [307 - 1062. 12 C osts 72 Rule 12. 87 (D. This power Oct 25, 2017 · This Article aims to study in detail the enforceability of foreign Judgments & decrees passed by foreign courts and the nature and scope of Section 13, Section 14, Section 44-A of the Civil Procedure Code, 1908. 8 of 1859. Public charities . 4. 19. ] Sep 8, 2021 · Before the introduction of Section 44A of the Civil Procedure Code (1908), a suit needed to be filed on the basis of the foreign decree, before it could be executed in India. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is hereby enacted as follows:-PRELIMINARY 1. CIVIL PROCEDURE CODE [with Amendments of 1999 & 2002] By M. 2019] 1 THE UNITED REPUBLIC OF TANZANIA CHAPTER 33 THE CIVIL PROCEDURE CODE [PRINCIPAL LEGISLATION] REVISED EDITION OF 2019 This Edition of the Civil Procedure Code, Chapter 33, has been revised up to and including 30th November, 2019 and is printed under the authority The provisions of (2) of section 7 of the Civil Procedure Code as amended by the Act Amending the Civil Procedure Code (No. A decree may be final or preliminary. ss. 79 of 1988 (Amendment) Act, No. Union of India - Section Section 100 in The Code of Civil Procedure, 1908 100. We would like to show you a description here but the site won’t allow us. A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-(a) where it has not been pronounced by a Court of competent jurisdiction; Jun 30, 2021 · Amendment in Section 9 of Civil Procedure Code. Stay of suit. Res Judicata 12. An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. -In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the Advocate-General, or two or more persons having an interest in (13) "movable property" includes growing crops; (14) "order" means the formal expression of any decision of a Civil Court which is not a decree; (15) "pleader" means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court; (16) "prescribed" means prescribed by rules : Apr 17, 2017 · The following sections of the Civil Procedure Code, 1908 deals with the provisions related to the enforcement of the Foreign Judgements in India. The rules laid down under section 13 are of substantive law, as well of procedural laws. CPC Section 16. The act clarified that the provisions of the Civil Procedure Code as amended by the Act would have an overriding effect over any rules of the High Court or of the amendments made by the state government concerned. 10. 23. 138. What is a foreign decree A foreign decree or a foreign judgment is defined under Section 2(6) of the CPC as a judgment given by a Foreign Court. CPC Section 14. [Arbitration. It is divided into five types unlike judgement which is final in itself. Procedure where person to be arrested or property to be attached is outside district. Section 5 of the Civil Procedure Code (hereinafter referred to as the "principal enactment") is hereby amended by the insertion immediately after the definition of the expression " decree " of the following new definition : - '' Fiscal " includes a Deputy Fiscal;'. ORDER 1 - PARTIES TO SUITS. judgment “on merits of the case” and is therefore not conclusive under Section 13(b) of the Civil Procedure Code (“CPC”, for short). -For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability. Related Law Note: Reference, Review, and Revision in Civil Procedure Code (Below are the state amendments. ] or, in respect of any cause of action Union of India - Section Section 13 in The Code of Civil Procedure, 1908 13. Penalty for default. Jun 30, 2021 · Share & spread the love Contents hide 1. 9 of 1991. PLD 1995 SC 457. 11. When foreign judgment not conclusive . Exemption of members of legislative bodies from arrest and detention under civil process. Civil Procedure Code. The exceptions of Section 13 has been dealt separately in detail. The suit is decreed. C. George SK and N. [1st August , 1890] CHAPTER I PRELIMINARY Short title. ”. A similar question was exam Section 13 Code of Civil Procedure,Section 13 CPC,Section 13 of CPC,CPC Section 13,13CPC,CPC 13,Sec 13 CPC,Sec 13 in CPC,CPC Sec 13,Sec 13 CPC,Sec 13 of CPC The courts do not sit on Saturdays or on holidays within the meaning of section 61 of the Interpretation Act (chapter I-16), nor do they sit on 26 December or 2 January, which are considered holidays for civil procedure purposes. ] 2. -In the First Schedule, in Order XX, in rule 1, for sub- rule 1, the following sub- rule shall be substituted, namely:-The Court, after the case has been heard, shall pronounce judgment in an open Court, either at once, or as soon thereafter as may be practicable and when the Nov 20, 2018 · This principle is given under Section 11 of the Civil Procedure Code, 1908 and this is applicable even outside the code. Bar to further suit. 2) Decree, Judgement, Order Decree The term decree is defined in Section 2(2) of Code of Civil Procedure, 1908. The Code of Civil Procedure, 1908 being a procedural law by nature administers civil proceedings in the Indian territory and therefore is recognized as a Code. Amendment of Order XX. Who may be joined as plaintiffs [Order 1, rule 1. Fraud: Under section 13(e), Civil Procedure Code, the foreign judgment is open to challenge “where it has been obtained by fraud”. Section 9 of the “Civil Procedure Code” explicates the jurisdiction of civil courts in India. Code of Civil Procedure (CPC) The Code of Civil Procedure, which in common practice is used in its abbreviated form i. सिविल प्रक्रिया संहिता, 1908. SECTION 9; O-7 R-11; BANKING ORDINANCE 1979 Sec 6(1) & (4) THE CODE OF CIVIL PROCEDURE, 1908 (Act No. Mere averments in plaint would not confer jurisdiction on civil court where it inherently lacked jurisdiction. The Code has stood the test of time. ipleaders. 1. Civil Procedure Code (Amendment) Act, No. V of 1908. The Code can be altered by state legislatures because it appears under Entry 13 of the Concurrent List in the Seventh Schedule of the Constitution of India. -A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-where it has not been pronounced by a Court of competent jurisdiction Union of India - Section Section 12 in The Code Of Civil Procedure (Amendment) Act, 2002 12. P. ] Rep. Appeals from Orders 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 1[except where the procedure specified in rule 10A of Order VII has been followed]; 2* * * * (c) an Order under rule 9 of Order IX rejecting an application (in a California Code of Civil Procedure CCP CA CIV PRO Section 223. 7. Sc. SECTION 9. Language of subordinate Courts. ] Hence, where a foreign court of final authority decides that a particular court is a ‘proper court’, its decision must be regarded as conclusive for purposes of section 13(a). ] [against the Government (including the Government of the State of Jammu and Kashmir)] [Substituted Mar 1, 2021 · In the case, the Appellate Court rejected the suit because no notice was given prior to the filing of the suit as needed under Section 80 of the Code of Civil Procedure and no application was filed to waive the obligation to give notice under Section 80 of the Code of Civil Procedure (Code) (2). PLD 1992 Pesh. Interest 29. Short title This Act may be cited as the Civil Procedure Code. A decree always follows judgement and is based upon a judgement. Judgment and Decree Section 28. Contains all Enforced Central and State Acts linked with Subordinate Data like Rules,Regulations,Notifications,Orders,Circulars,Ordinances,Statutes. Jan 1, 2023 · California Code, Code of Civil Procedure - CCP Current as of January 01, 2023 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. . V of 1908 [21st March 1908] 2 No. Section 80 of the principal enactment is hereby repealed Nov 7, 2021 · As per Section 9 of the Civil Procedure Code[1], the Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. Definitions . The court further observed that Section 13 of the Code provides substantive law and Section 44A of the Code is an enabling provision and it enables a decree-holder to put a decree obtained from a court of a reciprocating territory into execution. The Ministry of Law and Justice of India has passed a notification on 17 January 2020 in the official Gazette of India declaring United Arab Emirates to be a reciprocating territory in respect with Explanation 1 to Section 44A of the Indian Code of Civil Procedure, 1908 (the CPC), read with Civil Procedure Code (Amendment) Act, No. C, is a pre-independence enactment. Amendment of section 1 of Act, No. Section 13 of the Civil Procedure Code, 1908. 49 Civil Procedure Code, 1966 1966 Summons and Discovery 23. According to the provisions of section 13 of CPC, every foreign judgement or decree has to pass the tests as laid down under this section. Meaning of Inherant power 3. 79 of 1988. yq sf sb li qn ga pz in qj ka