Chandio CPC
Chandio CPC
Chandio CPC
Order 8
8. On issue of summons for final disposal, defendant to be directed to produce his Witnesses.
Where the summons is for the final disposal of the suit, it shall also direct the defendant to
Produce, on the day fixed for his appearance, all witnesses upon whose evidence he intends to
rely in Support of his case.
Service of Summons
9. Delivery or transmission of summons for service.__
(1) Where the defendant resides within The jurisdiction of the Court in which the suit is
instituted, or has an agent resident within that Jurisdiction who is empowered to accept
the service of the summons, the summons shall, unless the Court otherwise directs, be
delivered or sent to the proper officer to be served by him or one of his Subordinates.
(2) The proper officer may be an officer of a Court other than that in which the suit is
instituted And, where he is such an officer, the summons may be sent to him by post or in
such other manner as The Court may direct.
(3) Unless the Court otherwise directs, the proper officer or an officer authorised by him in
this Behalf shall cause the service of summons and return it to the Court within fifteen
days of issue of Summons.]
10. Mode of service. Service of the summons shall be made by delivering or tendering a copy
Thereof signed by the Judge or such officer as he appoints in this behalf, and sealed with the
seal of the Court.
[10A. Service by post.__
(1) Simultaneously with the issue of summons under rule 9, there shall Be sent, unless otherwise
ordered by the Court, to the defendant, by couriere service and] registered Post, acknowledgment
due, another copy of the summons signed and sealed in the manner provided in Rule 10.
(2) An acknowledgment purporting to be signed by the defendant of the receipt of the registered
Communication or endorsement by a [courier messenger or] postal employee that the defendant
Refused to take delivery of the same shall be deemed by the Court issuing the summons to be
prima Facie proof of service of summons.]
11. Service on several defendants. Save as otherwise prescribed, where there are more
defendants Than one, service of the summons shall be made on each defendant.
12. Service to be on defendant in person when practicable or on his agent. Wherever it is
Practicable, service shall be made on the defendant in person, unless he has an agent empowered
to Accept service, in which case service on such agent shall be sufficient.
13. Service on agent by whom defendant carries on buisness.__
(1) In a suit relating to any Business or work against a person who does not reside within the
local limits of the jurisdiction of the Court from which the summons is issued, service on any
manager or agent, who, at the time of service,Personally carries on such business or work for
such person within such limits, shall be deemed good Service.
(2) For the purpose of this rule the master of a ship shall be deemed to be the agent of the owner
or Charterer.
14. Service on agent in charge in suits for immoveable property. Where in a suit to obtain relief
Respecting, or compensation for wrong to, immoveable property, service cannot be made on the
Defendant in person, and the defendant has no agent empowered to accept the service, it may be
made On any agent of the defendant in charge of the property.
15. Where service may be on male member of defendant`s family. Where in any suit the
Defendant cannot be found and has no agent empowered to accept service of the summons on his
Behalf, service may be made on any adult male member of the family of the defendant who is
residing with him.
Explanation.__ A servant is not a member of the family within the meaning of this rule.
24. Service on defendant in prison. Where the defendant is confined in a prison, the summons
Shall be delivered or sent by post or otherwise to the officer in charge of the prison for service on
the Defendant.
25. Service where defendant resides out of Pakistan and has no agent. Where the defendant
resides out of [Pakistan] and has no agent in [Pakistan] empowered to accept service, the
summons Shall [except in the cases mentioned in rule 26A] be addressed to the defendant at the
place where he Is residing and sent to him by post, if there is postal communication between
such place and the place Where the Court is situate.
526. Service in foreign territory through Political Agent or Court. Where
(a) 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 [the Provincial Government] has, by
notification in the [officiaI Gazette], declared, 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.
[26A. Service on civil public officer or on servanty of railway company or local authority, in
India. Where the defendant is a servant (not belonging to the military, naval or air forces) of any
Government in India, or a servant of a railway company or local authority in India, the summons
Together with a copy of it to be retained by the defendant shall be sent, with a request that it may
be Served on the defendant,__
(a) 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
(b) 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.]
27. Service on civil public officer or on servant of railway company or local authority. Where
The defendant is a public officer (not belonging to [the armed forces of Pakistan] 8* * *), or
is the Servant of a railway company or local authority, the Court may, if it appears to it that
the summons May be most conveniently so served, send if for service on the defendant to the
head of the office in Which he is employed, together with a copy to be retained by the
defendant.
28. Service on soildiers, sailors or airmen. Where the defendant is a soldier, 9 [sailor]10 [or
Airman], the Court shall send the summons for service to his commanding officer together
with a copy To be retained by the defendant.
29.Duty of person to whom summons is delievered or sent for services.__
(1) Where a summons Is delivered or sent to any person for service under rule 24, rule 27 or
rule 28, such person shall be Bound to serve it, if possible, and to return it under his
signature, with the written acknowledgement of The defendant, and such signature shall
be deemed to be evidence of service.
(2) Where from any cause service is impossible, the summons shall be returned to the Court
with a Full statement of such cause and of the steps taken to procure service, and such
statement shall be Deemed to be evidence of nonservice.
30. Substitution of letter for summons. (1) The Court may, notwithstanding anything herein
Before contained, substitute for a summons a letter signed by the Judge or such officer as he
may Appoint in this behalf, where the defendant is, in the opinion of the Court, of a rank
entitling him to Such mark of consideration.
(3) A letter substituted under subrule (1) shall contain all the particulars required to be stated
in a Summons, and, subject to the provisions of subrule (3), shall be treated in all respects
as a summons.
(4) A letter so substituted may be sent to the defendant by post or by a special messenger
selected By the Court, or in any other manner which the Court thinks fit; and, where the
defendant has an agent Empowered to accept service, the letter may be delivered or sent
to such agent.
ORDER VI
PLEADINGS GENERALLY
1. Pleading. “Pleading” shall mean plaint or written statement.
2. Pleading to state material facts and not evidence. Every pleading shall contain, and
contain Only, a statement in a concise form of the material facts on which the party
pleading relies for his claim Or defence, as the case may be, but not the evidence by
which they are to be proved, and shall, when Necessary, be divided into paragraphs,
numbered consecutively. Dates, sums and numbers shall be Expressed in figures.
3. Forms of pleading. The forms in Appendix A when applicable, and where they are not
Applicable forms of the like character, as nearly as may be, shall be used for all
pleadings.
4. Particulars to be given where necessary. In all cases in which the party pleading relies on
any Misrepresentation, fraud, breach of trust, willful default, or undue influence, and in
all other cases in Which particulars may be necessary beyond such as are exemplified in
the forms aforesaid particulars (with dates and items if necessary) shall be stated in the
pleading.
5. Further and better statement, or particulars. A further and better statement of the nature of
The claim or defence, or further and better particulars of any matter stated in any
pleading, may in all Cases be ordered, upon such terms, as to costs and otherwise, as may
be just.
6. Condition precedent. Any condition precedent, the performance or occurrence of which is
Intended to be contested, shall be distinctly specified in his pleading by the plaintiff or
defendant, as The case may be; and, subject thereto, an averment of the performance or
occurrence of all conditions Precedent necessary for the case of the plaintiff or defendant
shall be implied in his pleading.
7. Departure. No pleading shall, except by way of amendment, raise any new ground of
claim or Contain any allegation of fact inconsistent with the previous pleadings of the
party pleading the same.
8. Denial of contract. Where a contract is alleged in any pleading, a bare denial of the same
by the Opposite party shall be construed only as a denial in fact of the express contract
alleged or of the Matters of fact from which the same may be implied, and not as a denial
of the legality or sufficiency in Law of such contract.
9. Effect of document to be stated. Wherever the contents of any document are material, it
shall Be sufficient in any pleading to state the effect thereof as briefly as possible,
without setting out the Whole or any part thereof, unless the precise words of the
document or any part thereof are material.
10. Malice, knowledge, etc. Wherever it is material to allege malice, fraudulent intention,
Knowledge or other condition of the mind of any person, it shall be sufficient to allege
the same as a Fact without setting out the circumstances from which the same is to be
inferred.
11. Notice. Wherever it is material to allege notice to any person of any fact, matter or thing,
it Shall be sufficient to allege such notice as a fact, unless the form or the precise terms of
such notice, or The circumstances from which such notice is to be inferred, are material.
12. Implied contract or relation. Whenever any contract or any relation between any persons
is To be implied from a series of letters or conversations or otherwise from a number of
circumstances, it Shall be sufficient to allege such contract or relation as a fact, and to
refer generally to such letters, Conversations or circumstances without setting them out in
detail. And if in such case the person so Pleading desires to rely in the alternative upon
more contracts or relations than one as to be implied From such circumstances, he may
state the same in the alternative.
13. Presumptions of law. Neither party need in any pleading allege any matter of fact which
the Law presumes in his favour or as to which the burden of proof lies upon the other side
unless the same Has first been specifically denied (e.g., consideration for a bill of
exchange where the plaintiff sues only On the bill and not for the consideration as a
substantive ground of claim).
14. Pleading to be signed. Every pleading shall be signed by the party and his pleader (if
any): Provided that where a party pleading is, by reason of absence or for other good
cause, unable to sign The pleading, it may be signed by any person duly authorized by
him to sign the same or to sue or Defend on his behalf.
15. Verification of pleadings. (1) Save as otherwise provided by any law for the time being in
Force, every pleading shall be verified [on oath or solemn affirmation] at the foot by the
party or by One of the parties pleading or by some other person proved to the satisfaction
of the Court to be Acquainted with the facts of the case.
(3) The person verifying shall specify, by reference to the numbered
paragraphs of the pleading, What he verifies of his own knowledge and
what he verifies upon information received and believed to Be true.
4. The verification shall be signed by the person making it and shall state the date on which
and The place at which it was signed.
16. Striking out pleadings. The Court may at any stage of the proceedings order to be struck
out Or amended any matter in any pleading which may be unnecessary or scandalous or
which may tend to Prejudice, embarrass or delay the fair trial of the suit.
17. Amendement of pleadings. The Court may at any stage of the proceedings allow either
party To alter or amend his pleadings in such manner and on such terms as may be just,
and all such Amendments shall be made as may be necessary for the purpose of
determining the real questions in Controversy between the parties.
18. Failure to amend after order. If a party who has obtained an order for leave to amend does
Not amend accordingly within the time limited for that purpose by the order, or if no time
is thereby Limited then within fourteen days from the date of the order, he shall not be
permitted to amend after The expiration of such limited time as aforesaid or of such
fourteen days, as the case may be, unless the Time is extended by the Court.
ORDER VIII
WRITTEN STATEMENT AND SETOFF
ORDER XII
ADMISSIONS
1. Notice of admission of case. Any party to a suit may give notice, by his pleading, or
otherwise In writing, that he admits the truth of the whole or any part of the case of any
other party.
2. Notice to admit documents. Either party may call upon the other party to admit any
document, Saving all just exceptions; and in case of refusal or neglect to admit, after such
notice, the costs of Proving any such document shall be paid by the party so neglecting or
refusing, whatever the result of The suit may be, unless the Court otherwise directs; and
no costs of proving any document shall be Allowed unless such notice is given, except
where the omission to give the notice is, in the opinion of The Court, a saving of expense.
3. Form of notice. A notice to admit documents shall be in Form No.9 in Appendix C, with
such Variations as circumstances may require.
ORDER XIII
PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS
ORDER XVI
SUMMONING AND ATTENDANCE OF WITNESSES
[1. Summons to attend to give evidence or produce documents.__
(1) Not later than seven days After the settlement of issues, the parties shall present in
Court a [certificate of readiness to produce Evidence, along with a] list of
witnesses whom they propose to call or produce either to give Evidence or to
produce documents
(2) A party shall not be permitted to call or produce witnesses other than those
contained in the Said list, except with the permission of the Court and after
showing good cause for the omission the Said witnesses from the list; and the
Court grants such permission, it shall record reasons for so doing.
(3) On application to the Court or such officer as it appoints in this behalf, the parties
may obtain Summons for persons whose attendance is required in Court :
Provided that no summons shall be issued for service on a person under rule 8 unless an
application In that behalf is made not later than fourteen days prior to the date fixed for the
hearing of the suit and The necessary expenses for the summoning of such person are deposited]
3. Expenses of witness to be paid into Court on applying for summons.__
(1) The party applying For a summons shall, before the summons is granted and
within a period to be fixed, pay into Court Such a sum of money as appears to the
Court to be sufficient to defray the travelling and other Expenses of the person
summoned in passing to and from the Court in which he is required to attend, And
for one day’s attendance.
(2) Experts. In determining the amount payable under this rule, the Court may, in the
case of any Person summoned to give evidence as an expert, allow reasonable
remuneration for the time occupied Both in giving evidence and in performing
any work of an expert character necessary for the case.
(3) Scale of expenses. Where the Court is subordinate to a High Court, regard shall be
had, in Fixing the scale of such expenses, to any rules made in that behalf.
4. Tender of expenses to witness. The sum so paid into Court shall be tendered to the person
Summoned, at the time of serving the summons, if it can be served personally.
5. Procedure where insufficient sum paid in.__
(1) Where it appears to the Court or to such Officer as it appoints in this behalf that
the sum paid into Court is not sufficient to cover such expenses Or reasonable
remuneration, the Court may direct such further sum to be paid to the person
summoned As appears to be necessary on that account, and, in case of default in
payment, may order such sum to Be levied by attachment and sale of the
moveable property of the party obtaining the summons ; or the Court may
discharge the person summoned, without requiring him to give evidence ; or may
both order Such levy and discharge such person as aforesaid.
(2) Expenses of witness detained more than one day. Where it is necessary to detain
the person Summoned for a longer period than one day, the Court may, from time
to time, order the party at whose Instance he was summoned to pay into Court
such sum as is sufficient to defray the expenses of his Detention for such further
period, and, in default of such deposit being made, may order such sum to be
Levied by attachment and sale of the movable property of such party ; or the
Court may discharge the Person summoned without requiring him to give
evidence ; or may both order such levy and discharge Such person as aforesaid.
6. Time, place and purpose of attendance to be specified in summons. Every summons for
the Attendance of a person to give evidence or to produce a document shall specify the
time and place at Which he is required to attend, and also whether his attendance is
required for the purpose of giving Evidence or to produce a document, or for both
purposes ; and any particular document which the Person summoned is called on to
produce, shall be described in the summons with reasonable Accuracy.
ORDER XVIII
HEARING OF THE SUIT AND EXAMINATION OF WITNESSES
1. Right to begin. The plaintiff has the right to begin unless the defendant
admits the facts alleged By the plaintiff and contends that either in point
of law or on some additional facts alleged by the Defendant the plaintiff
is not entitled to any part of the relief which he seeks, in which case the
Defendant has the right to begin.
2. Statement and production of evidence.__
(1) On the day fixed for the hearing of the suit or on Any other day to which the hearing is
adjourned, the party having the right to begin shall state his case And produce his
evidence in support of the issues which he is bound to prove.
(2) The other party shall then state his case and produce his evidence (if any) and may then
address The Court generally on the whole case.
(3) The party beginning may then reply generally on the whole case.
3. Evidence where several issues. Where there are several issues, the
burden of proving some of Which lies on the other party, the party
beginning may, at his option, either produce his evidence on Those
issues or reserve it by way of answer to the evidence produced by the
other party ; and in the Latter case, the party beginning may produce
evidence on those issues after the other party has Produced all his
evidence, and the other party may then reply specially on the evidence
so produced by The party beginning ; but the party beginning will then
be entitled to reply generally on the whole case.
4. Witnesses to be examined in open Court. The evidence of the witnesses
in attendance shall be Taken orally in open Court in the presence and
under the personal direction and superintendence of the Judge.
5. How evidence shall be taken in appealable cases. In cases in which an
appeal is allowed the Evidence of each witness shall be take down in
writing, in the language of the Court, by or in the Presence and under the
personal direction and superintendence of the Judge, not ordinarily in the
form Of question and answer, but in that of a narrative, and, when
completed, shall be read over in the Presence of the Judge and of the
witness, and the Judge shall, if necessary, correct the same, and shall
Sign it.
6. When deposition to be interpreted. Where the evidence is taken down in
a language different From that in which it is given, and the witness does
not understand the language in which it is taken Down, the evidence as
taken down in writing shall be interpreted to him in the language in
which it is Given.