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: - PRELIMINARY 1.-(l) This Act may be cited as the Code. Jan 16, 2016 - EbookNetworking.net: Allows you online search for PDF Books - ebooks for Free downloads In one place.Current search Cpc 1908 Bare Act.

Civil Procedure Code 1908 1. 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.

1[(3) It extends to the whole of India except.- (a) the State of Jammu and Kashmir; (b) the State of Nagaland and the tribal areas. Provided that the State Government concerned may, by notification in the Official Gazette, extend the provisions of this Code or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incedental or consequential modifications as may be specified in the notification. Suit was filed for specific performance of contract and it was decreed.

Execution was filed by DH and sale deed was executed by court as the JD failed to execute the same. Execution closed as the court executed sale deed. The property is dispute was sold to me by my vendor means there are two sale deeds of one property by same vender & i purchased the same during pendency of suit. After completion of execution and other proceedings if any, and after 1 year another purchaser tried to disturbed my possession over suit property.

I filed a suit for declaration (that the sale deed of DH is null & void) & injunction. Other side / defendant raised an objection that suit is not maintainable because of section 47 of CPC.

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Suggest the exact position as to suit is maintainable or not? Pls Chk these points. If you still have possession? If the suit proceedings were ever placed on public domain u could have checked. Like the land registry, revenue records wher u could have known about the suit if a search was made?

If not, u make check on the ground of Bonaire purchaser. See transfer of property act and CPC. U are a person who can raise a claim under sec. 47 of the act or under ord 21.

Without even filing a suit where a claim as to valid title or right is determined. However if your suit and reliefs are against the third party alleged purchaser, then sec. 47 proceedings available against the dh will not be appropriate and a fresh suit would be necessary. Sec 47 and ord 21 claims are raised even when ur rights are threatened in execution by the dh. U r now being attacked under lis pen dense under transfer of property act and see the defences under that.

Advised that this view is only with limited facts and not exhaustive. A decree was passed by trail court of judicial magistrate!st class for grant of pension and other benefits after declaring the resignation given by me on 31 January 1997 on plane paper which was refuse by the higher authorities on the ground that it is not on per forma and three month pay is not deposited. I wrote back on the same date that my resignation was given in anguish and i withdraw the same and I may be allowed to join but authorities did not allow me to join on22-2-1999 the same authorities accepted the resignation dated 31-1 1997. Now the decree is passed to treat me in service till 22-2-1999 and give pension after that but department has gone in appeal in session court feb 2014 I want to go in counter appeal for grant of full benefit till date of superannuation as given in various judgment of the honorable supreme court of Inda is it time barred. Case is in high court under order XLI RULE 5 CPC. Appeal under sec 96 of the code of civil procedure We gave power so attorney10 years back to a relative to settle land loan on us.