Good Morning
It was three o'clock when I woke up this morning. I had started preparing to fast. I had fasted till four o'clock, after which the call to prayer came and I went to the mosque with the intention of praying. I prayed in the mosque and returned home at about five o'clock. The weather was great today. The cool breeze was gone. Walking was very heartwarming. When I returned home after praying, I went for a walk. Walking was a lot of fun today. The reason was that the clouds were overcast as you can see in the first picture.There are many benefits to walking. I'm not talking about anyone else, I'm talking about myself. The day I walk, the day I stay fresh, I don't feel cheap. I can do the work easily, I am busy at work, I do not feel sleepy during work. Walking keeps me healthy. My lungs are fine. My stomach works well. And on the day when he does not walk, the situation becomes very bad. When I go to work, I start falling asleep. The process of cheapness begins. I can't deal with anyone properly. My stomach doesn't work well. And my lungs don't work properly. Walking is an important part of our lives. We should all take a morning walk.
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Then I went back home. And when he got home, he rested a little. Then I started preparing to go to the office. I arrived at the office at nine o'clock. After arriving at the office, there was little work to be done۔
There were some cases to prepare. I prepared this case. After that I was free from work at about one o'clock. Every day at work I get to learn something. Because my department is something like that. Every day new cases come to light which I don't even think of. Sometimes such cases come to light. Sometimes someone is getting divorced, sometimes someone's land is being usurped. Somewhere there is a fight. If you want to know more about the case, please let me know in the comments. From now on, I will give all the details of the case in my blog.
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After doing all this work, I was enjoying reading my book. Because reading books is a great hobby of mine without which my day would be incomplete. I love learning new things. I picked up a book that I enjoyed reading. I'd love to share all that content with you guys. You too must review this content.
**THE CODE OF CIVIL PROCEDURE, 1908 **
(V OF 1908)
(21st March, 1908]
An Act to consolidate and amend the laws relating to the procedure of the Courts of
Civil Judicature
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:
COMMENTARY
Preamble. Rules framed in the Courts or made for advancement of justice and they should not, as for as possible, be allowed to operate so ad to defeat the ends of justice. (2013 CLC 487) Preamble can be use as an aid to ascertain purpose of statute but cannot determine its scope all validity. [PLD 2013 Sindh 449)
Object of rule of procedure. Object of Civil Procedure Code, 1908, is to promote interest of justice and provide remedy to avoid injustice. [2014 CLC 1329)
Antiquity Act, 1975 (VII of 1976). Provisions of Antiquity Act, 1975 are mandatory as their violation entails penal consequences. [PLD 2016 Lah. 699)
Jurisdiction to implement a decree. An executing Court has jurisdiction to implement a decree under execution strictly in accordance with its terms. PLJ 2016 SC 1).
PRELIMINARY
- Short title, commencement and extent. (1) This Act may be cited as the Code of Civil Procedure, 1908.
- (2) It shall come into force on the first day of January, 1909.
- '[(3) It extends to the whole of Pakistan.) '
- [(4). The primary objective of this Code is to enable the Courts to, --
(a). deal with the cases justly and fairly;
(b). encourage parties to alternate dispute resolution procedure if it considers
appropriate;
(C). save expense and time both of Courts and litigants; and
(d) enforce compliance with provisions of this Code.)
COMMENTARY
Extent. The Central Laws (Statute Reforms) Ordinance, (XXI of 1960) extended the Central Acts or Ordinances specified in the second Schedule hereto, including the Civil Procedure Code (Act V of 1908) to the whole of Pakistan. It is applicable to Kalat area and the Godon Area added to Mardan District from the 14th day of October, 1955. (PLJ 1973 Quetta 263).
**
2. Definition. In this Act, unless there is anything repugnant in the subject or context --**
(1) "Code" includes rules;
(2) "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 controversy in the suit and
may be either preliminary or final. It shall be deemed to include the reie of a plaint '[the determination of any question within Section 144. and order under Rule 60, 98, 99, 101 or 103 of Order XXI] but shall not (include
(a) any adjudication from which an appeal lies as an appeal from an order
or
(b) any order of dismissal for default.
** Explanation. A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final:**
**COMMENTARY **
Appeal to High Court in certain cases. Remedy of making application under S.12(2) C.P.C. would arise only if there was a judgment or order of a Court meaning thereby it was contemplated as a sort of reconsideration or reopening or in a way review of a decided matter on limited ground of fraud misrepresentation or want of jurisdiction. Such type of rethinking of matter relating to enforcement of civil right brought before the Constitutional jurisdiction could not possibly be claimed to be exercise of original jurisdiction. High Court held that order under S.12(2) C.P.C. made in a petition before Single Judge of High Court under Art. 199 of the Constitution could not be challenged by way of intra-Court appeal under S.3(1) of Law Reforms Ordinance, 1972. Intra-Court appeal, being not maintainable, was dismissed, in circumstances. [PLD 2020 Lah. 423]
Consent decree. "Consent decree" is a decree of Court and provisions of C.P.C. are applicable to such decree also except where specifically excluded such as S. 96(3), C.P.C. which provides that consent decree is not appealable. [2016 CLC 837]
Advocate, pleader and attorney. Scope. One could not legally enjoy dual status of an advocate and attorney at the same time. Pleader would be entitled to appear for another and not for himself. Advocate could not file an affidavit in support of an interlocutory application or otherwise give evidence. [PLD 2020 Kar. 74]
Decree. Decree is a declaration of right of a party which entitles him to get such right. (2017 CLC 347) A decree is the operative part of a judgment in a civil suit for civil appeal. [PLJ 2003 Kar 175). Decree can be passed on the basis of existing right of parties and not on basis of future rights, which they might or might not acquire. [2007 YLR 525).
Rejection of plaint. Remedy. Rejection of plaint tantamount to passing of a decree under S. 1(2), C.P.C. and the same is challengeable in appeal under S. 96, C.P.C. [2003 SCMR 157].
Execution application before executing Court. In view of S. 2(2), CPC, order passed u/S. 47, CPC had always considered to be a decree and was appealable. [PLJ 2013 Lahore 556]
Subsequent decree sheet. Subsequent decree sheet is of no legal effect. No right can be claimed on basis of the same. (PLJ 2012 Quetta 7]
Modification of decree. Decree becoming final, modification by reverting to another decree cannot be made therein nor another suit can find fault in the decree. [PLD 2007 Lah. 626).
Decree and mutation. Mutation is merely for fiscal purpose and is not a document of title it does not create or extinguish any right. Decree is a final adjudication of controversy and is a document of title and it does hold the field unless set aside by the higher forum or is annulled in a petition under S. 12(2), C.P.C. (2008 CLC 283). Being a final adjudication of title will supersede mutation even if not entered in the Revenue Record. Decree which determines entitlement of a party would be legally operative whether same is reflected in the Revenue Record or not. [2006 CLC 907).
Ex-parte decree. Ex-parte decreeis valid having same legal effect and as good as a contested decree with the exception that the modes and mechanism for setting aside such decree might be more. [PLD 2014 SC 308]
"Decree-holder" means any person in whose favour decree has been passed or an order capable of execution has been made:
"District" means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a "District Court"), and includes the local limits of the ordinary original civil jurisdiction of a High Court:
"Foreign Court" means a Court situate beyond the limits of [Pakistan) which has no authority in Pakistan) and is not established or continued by "(the Federal Government);
"Foreign judgment" means the judgment of a foreign Court
COMMENTARY
Suit on the basis of cause of action upon a foreign judgment is govern by Art. 117, Limitation Act, 1908 which provides a period of six years from the date of the foreign judgment. (2009 CLD 451)
"Government Pleader" includes any officer appointed by the Provincial Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader:
"Judge" means the presiding officer of a Civil Court: (9). "Judgment" means statement given by the Judge of the grounds of a decree or order:
COMMENTARY
Judgment. "Judgment" is the statement given by the Judge of the grounds of a decree or order. (2015 YLR 276; 2015 CLD 390). One of the essential element of a judgment is a statement of the grounds for decision and is also said to be an expression of the opinion of the Court arrived at after due consideration of evidence and all arguments. [2000 YLR 1456). Court is required to give its on reasons by discussing facts and evidence on record for pronouncing a judgment. If Court fails to give its own reasons, it would be deemed that Court had acted with material irregularity and illegality. [2007 MLD 1732]
Pronouncement of judgment. Be announced after evaluation and appreciating the evidence of parties. [2004 YLR 834).
Judicial order. Court while passing a judicial order has to consider the facts narrated before it should peruse the record while deciding as an appellate Court the judgment or finding rendered by the for a below; the arguments of the parties pro and contra and thereafter give its own independent reason/findings. (2017 CLC 1078)
(10) "Judgment-debtor" means any person against whom a decree has been
passed or an order capable of execution has been made:
(11) "Legal representative" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued:
**COMMENTARY **
Legal representative. His legal representative has nothing to inherit in the suit property hence not falls within the ambit of legal representative. (2000 CLC 1267).
(12) "Mesno profits" of property means those profits which the person in wrongful
possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits but shall not include profits due to improvements made by the person in wrongful possession:
**COMMENTARY **
Mesne profits. 'Mesne profits' is the name given for damages for trespass against a tenant who holds over after lawful determination of his tenancy. [AIR 1929 PC 300). While determining mesne profits, profits due to improvements made by person in wrong possession or excluded. [2007 YLR 2212)
(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:
**COMMENTARY **
Prescribed. According to Stroud's Judicial Dictionary: "All laws should be made to commence in future and be notified before their commencement; which is implied in the term prescribed". (1992 SCMR 468)
(17) "public officer” means a person falling under any of the following descriptions, namely:
(a) every judge;
(b) every member of the '(Civil Service of Pakistan);
(c) every commissioned or gazetted officer in the military, ?[naval or air) forces of '[Pakistan while in the service of the State);
(d) 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 authorized by a Court of Justice to perform any of such duties;
(e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
(f) 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;
(g) 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 prevent the infraction of any law for the protection of the pecuniary
interests of "(the Government); and
(h) every officer in the service or pay of [the Government), or remunerated by fees or commission for the performance of any public duty:
(18) "Rules" means rules and forms contained in the First Schedule or made
under Section 122 or Section 125:
(19) "Share in a corporation” shall be deemed to include stock, debenture stock,
debentures or bonds: and
(20) "Signed", save in the case of a judgment or decree, includes stamped.
- Sub-ordination of Courts. For the purposes of this Code, the hierarchy and sub-ordination of Civil Courts shall be the same as prescribed in the West Pakistan Civil Courts Ordinance, 1962 (W.P. Ordinance No. Il of 1962).) Before substitution read as follow:
"3. Subordination of Courts. For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court." Punjab Amendments: Section 3, the following shall be substituted:
"3. Hierarchy of Courts. For purposes of this Code, the hierarchy of Civil Courts shall be the same as provided in the Punjab Civil Courts Ordinance, 1962 (II of 1962).". - Savings. (1) In the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law for the time being in force.
(2) In particular and without prejudice to the generality of the proposition contained in sub-section (1), nothing in this Code shall be deemed to limit or otherwise affect any remedy which a land-holder or landlord may have under any law for the time being in force for the recovery of rent of agricultural land from the produce of such land. - Application of the Code to Revenue Courts. (1) Where any Revenue Courts are governed by the provisions of this Code in those matters of procedure upon which any special enactment applicable to them is silent, the '(Provincial Government] [xxx] may, by notification in the official Gazette, declare that any portions of those provisions which are not expressly made applicable by this Code shall not apply to those Courts, or shall only apply to them with such modifications as the Provincial Government may prescribe.
1.Subs. by A.O. Art. 2 and Sch. (w.e.f. the 23rd March, 1956) - Subs. by A.O. Art. 2 and Sch. (w.e.f. the 23rd March, 1956).
- Subs. by .0. Art. 2 and Sch. (w.e.f. the 23rd March, 1956).
- Subs. by A.O. Art. 2 and Sch. (w.e.f. the 23rd March, 1956).
- Subs. by Code of Civil Procedure (Amendment) Act, VII of 2020, dated 22.2.2020. [PLJ 2020 Fed. St. 118]
- Substituted by Code of Civil Procedure (Punjab Amendment) Act, XIV of 2020, dated 11.8.2020.
- Subs. by A.O., 1937, for "L.G."
- Omitted by the Devolution Act, 1920 (38 of 1920), S. 2 and ist Sch., PL. I.
Reading today's content was so much fun that I didn't even notice the passage of time. When I saw the time, it was six o'clock in the evening. I quickly closed the book and left the office and went home. When I left the office, I met a friend on the way and then sat with him for some time and chatted a bit. I enjoyed chatting because he is my best friend. And it is also a computer operator. She is six years older than me. I get to learn a lot from this. Then I got permission from a friend۔
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and When I got home, it was time to break the fast. I broke my fast and went to the mosque for prayers. After that I came home, ate food and went to the mosque for Isha prayers. I offered Isha prayers and came back home and fell asleep.These pictures were taken when I was returning home. The weather was lovely too.
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That was my story today. If you guys like my story, you must tell. So that my hobby is to share such knowledge with you people.
Thank you