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Code of Civil Procedure Section
147. Consent or agreement by
persons under disability.—In all suits to which any person under
disability is a party, any consent or agreement, as to any proceeding shall, if
given or made with the express leave of the Court by the next friend or
guardian for the suit, have the same force and effect as if such person, were
under no disability and had given such consent or made such agreement.
Code of Civil Procedure Section
Code of Civil Procedure Section
146. Proceedings by or
against representatives.—Save as otherwise provided by this
Code or by any law for the time being in force, where any proceeding may be
taken or application made by or against any person then the proceeding may be
taken or the application may be made by or against any person claiming under
him.
Code of Civil Procedure Section
Code of Civil Procedure Section
145. Enforcement of
liability of surety.—Where any person 1[has furnished security
or given a guarantee]—
(a) for the performance of
any decree or any part thereof, or
(b) for the restitution of
any property taken in execution of a decree, or
(c) for the payment of any
money, or for the fulfilment of any condition imposed on any person, under an
order of the Court in any suit or in any proceeding consequent thereon, 1[the
decree or order may be executed in the manner therein provided for the
execution of decrees, namely:—
(i) if he has rendered
himself personally liable, against him to that extent;
(ii) if he has furnished any
property as security, by sale of such property to the extent of the security;
(iii) if the case falls both
under clauses (i) and (ii) then to the extent specified in those clauses, and
such person shall, be deemed to be a party within the meaning of section 47]:
Provided that such notice as
the Court in each case thinks sufficient has been given to the surety.
Note: 1. Subs. by Act 104 of
1976, s. 49, for certain words (w.e.f. 1-2-1977).
Code of Civil Procedure Section
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Code of Civil Procedure Section
144. Application for
restitution.—(1) Where and in so far as a decree 1[or
an order] is 2[varied or reversed in any appeal, revision or other
proceeding or is set aside or modified in any suit instituted for the purpose,
the Court which passed the decree or order] shall, on the application of any
party entitled to any benefit by way of restitution or otherwise, cause such
restitution to be made as will, so far as may be, place the parties in the
position which they would have occupied but for such decree 1[or
order] or 2[such part thereof as has been varied, reversed, set
aside or modified]; and for this purpose, the Court may make any orders, including
orders for the refund of costs and for the payment of interest, damages,
compensation and mesne profits, which are properly 2[consequential
on such variation, reversal, setting aside or modification of the decree or
order].
3[Explanation.—For
the purposes of sub-section (1), the expression “Court which passed the decree
or order” shall be deemed to include,—
(a) where the decree or
order has been varied or reversed in exercise of appellate or revisional jurisdiction,
the Court of first instance;
(b) where the decree or
order has been set aside by a separate suit, the court of first instance which
passed such decree or order.
(c) where the Court of first
instance has ceased to exist or has ceased to have jurisdiction to execute, it,
the Court which, if the suit wherein the decree or order was passed were
instituted at the time of making the application for restitution under this
section, would have jurisdiction to try such suit.]
(2) No suit shall be
instituted for the purpose of obtaining any restitution or other relief which
could be obtained by application under sub-section (1).
Note: 1. Ins. by Act 66 of
1956, s. 13.
2. Subs. by Act 104 of 1976.
s. 48, for certain words (w.e.f. 1-2-1977).
3. Ins. by. s. 48, ibid.
(w.e.f. 1-2-1977).
Code of Civil Procedure Section
Code of Civil Procedure Section
143. Postage.—Postage,
where chargeable on a notice, summons or letter issued under this Code and
forwarded by post, and the fee for registering the same, shall be paid within a
time to be fixed before the communication is made:
Provided that the State
Government 1*** may remit such postage, or fee, or both, or may
prescribe a scale of court-fees to be levied in lieu thereof.
Note: 1. The words “with the
previous sanction of the G.G, in C.” omitted by Act 38 of 1920, s 2 and the
First Schedule, Pt. I
Code of Civil Procedure Section
Code of Civil Procedure Section
142. Orders and notices to
be in writing.—All orders and notices served on or given
to any person under the provisions of this Code shall be in writing.
Code of Civil Procedure Section
Code of Civil Procedure Section
141. Miscellaneous proceedings.—The
procedure provided in this Code in regard to suits shall be followed, as far as
it can be made applicable, in all proceedings in any Court of civil
jurisdiction.
1[Explanation.—
In this section, the expression “proceedings” includes proceedings under Order
IX, but does not include any proceedings under article 226 of the
Constitution.]
Note: 1. Ins. by, s. 47,
ibid. (w.e.f 1-2-1977).
Code of Civil Procedure Section
