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The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India.
These rules govern how a lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process ...
They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court Rules. The Civil Procedure Rules 1998 is the statutory instrument listing the rules. [2] The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non ...
Likewise for the enforcement of the Decrees, Orders passed by the court of law the litigants has to file an Execution Petition before the Executing Court by exercising the provisions as enshrined under the Chapter Execution in Part II (Sections 36 to 74) with the aid of Order XXI of the First Schedule of Code of Civil Procedure, 1908 (5 of 1908 ...
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Therefore, its rules of civil procedure are distinct from the rest of the country. [1] In 2003, Quebec introduced a series of changes to its civil law, where it eliminated the statement of claim. [1] Instead, all actions are brought by way of motion. [1]
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Among cognitive processes, the CPC makes a further distinction between those of special procedure (procedimento especial) and common procedure (procedimento comum). Special procedure is reserved by certain issues or disputes by Book IV of the CPC and other statutes, notably the special courts (juizados especiais) found in law no. 9,099. These ...