LEXIS AND COMPANY

 Order 4 CPC Description Order IV INSTITUTION OF SUITS 1. Suit to be commenced by plaint (1) Every suit shall be instituted by presenting a 1[plaint in duplicate to the Court] or such officer as it appoints in this behalf. (2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are applicable. 2[(3) The plaint shall not be deemed to by duly instituted unless it complies with the requirements specified in sub-rules (1) and (2).] HIGH COURT AMENDMENTS Allahabad.- In Order IV, in rule 1,- (a) for sub-rule (1), substitute the following sub-rules, namely:- "(1) Every suit shall be instituted by presenting to the Court or such officer as it appoints in this behalf a plaint, together with a true copy for service with the summons upon each defendant, unless the Court for good cause shown allows time for filing such copies. (2) The court-fee chargeable for such service be paid in the case of suits when the plaint is filed and in the case of all other pro

  Order 3 CPC Description 1. Appearances, etc., may be in person, by recognized agent or by pleader- Any appearance, application or act in or to any Court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf: Provide that any such appearance shall, if the Court so directs, be made by the party in person. 2. Recognized agent The recognized agent of parties by whom such appearances, applications and acts may be made or done are- (a) persons holding powers-of-attorney, authorizing them to make and do such appearances, applications and acts on behalf of such parties; (b) persons carrying on trade or business for and in the names of parties not resident within the local limits of the jurisdiction of the Court within which limits the app

 Order 2 CPC Description 1. Frame of suit Every suit shall as far as practicable be framed so as to afford ground for final decision upon the subjects in dispute and to prevent further litigation concerning them. 2. Suit to include the whole claim. (1) Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim in Order to bring the suit within the jurisdiction of any Court. (2) Relinquishment of part of claim-Where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim he shall not afterwards sue in respect of the portion so omitted or relinquished. (3) Omission to sue for one of several reliefs-A person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs; but if he omits, except with the leave of the Court, to sue for all such reliefs, he shall not afterwards sue for a

 Order 1 CPC Description THE FIRST Schedule Order I PARTIES OF SUITS 1[1. Who may be joined as plaintiffs. All persons may be joined in one suit as plaintiffs where- (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and (b) if such persons brought separate suits, any common question of law or fact would arise.] 1. Subs, by Act No. 104 of 1976, sec. 52 for the former rule (w.e.f. 1-2-1977). 2. Power of Court to Order separate trial. Where it appears to the Court that any joinder of plaintiffs may embarrass or delay the trial of the suit, the Court may put the plaintiffs to their election or Order separate trials or make such other Order as may be expedient. 1[3. Who may be joined as defendants. All persons may be joined in one suit as defendants where- (a) any right to relief in respect of, or arising out of, the same act or transac

 Section 158 CPC Description In every enactment or notification passed or issued before the commencement of this Code in which reference is made to or to any Charter or section of Act 8 of 1859 or any Code of Civil Procedure or any Act amending the same or any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding Part, Order, section or rule.

 Section 157 CPC Description Notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made and powers conferred under Act 8 of 1859 or under any Code of Civil Procedure or any Act amending the same or under any other enactment hereby repealed shall, so far as they are consistent with this Code, have the same force and effect is if they had been respectively published, made, appointed, filed, prescribed, framed and conferred under this Code and by the authority empowered thereby in such behalf.

 Section 156 CPC Description Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914), s. 3 and Sch. II.