Code of Civil Procedure

Code of Civil ProcedureCode of Civil Procedure
Act No. 5 of 1908Act No. 5 of 1908
Coming into force on 1Coming into force on 1stst
January 1909January 1909

Presented ByPresented By
Mahmudul MursalinMahmudul Mursalin
AdvocateAdvocate
Supreme Court of BangladeshSupreme Court of Bangladesh

Classes of Civil CourtsClasses of Civil Courts
Under sec. 3 of Civil Courts Act 1887Under sec. 3 of Civil Courts Act 1887
there are following classes of civil courts:there are following classes of civil courts:
1. District Judge1. District Judge
2. Additional District Judge2. Additional District Judge
3. Joint District Judge3. Joint District Judge
4. Senior Assistant Judge4. Senior Assistant Judge
5. Assistant Judge5. Assistant Judge

Total Sections 158Total Sections 158
Part – 11Part – 11
Schedule – 5 (2Schedule – 5 (2ndnd
, 5, 5thth
are repealed)are repealed)
Latest amendment – Act No. 36 of 2012Latest amendment – Act No. 36 of 2012

DecreeDecree
Sec. 2(2) defines decreeSec. 2(2) defines decree
Elements of decree:Elements of decree:
- formal expression of an adjudication in- formal expression of an adjudication in
a suita suit
- adjudication of the rights of the parties- adjudication of the rights of the parties
with regard to all or any of the matters inwith regard to all or any of the matters in
controversycontroversy
- conclusive determination of the rights- conclusive determination of the rights
Rejection of plaint and determination of anyRejection of plaint and determination of any
question under sec.144 of CPC is decree.question under sec.144 of CPC is decree.

continuedcontinued
The decision which is not decree: O. 7 R. 10The decision which is not decree: O. 7 R. 10
(return of plaint), order remanding suit for(return of plaint), order remanding suit for
fresh disposal, order refusing to reject thefresh disposal, order refusing to reject the
plaint, abatement of appeal for nonplaint, abatement of appeal for non
prosecution, order allowing preemptionprosecution, order allowing preemption
under sec. 96 of SAT Act etcunder sec. 96 of SAT Act etc
Classes of decree:Classes of decree:
i. preliminary decreei. preliminary decree
ii. Final decreeii. Final decree
iii. Partly preliminary and partly finaliii. Partly preliminary and partly final
decreedecree

continuedcontinued
Decree shall contain:Decree shall contain:
- name of the parties- name of the parties
- name of the court- name of the court
- number of the suit- number of the suit
- schedule of the property- schedule of the property
- relief granted- relief granted
- amount of costs incurred in the suit etc- amount of costs incurred in the suit etc

Sections 2 (3): decree holderSections 2 (3): decree holder
Sections 2 (9): judgementSections 2 (9): judgement
Sections 2 (10): judgement debtorSections 2 (10): judgement debtor
Sections 2 (11): legal representativeSections 2 (11): legal representative
Sections 2 (12): mesne profitSections 2 (12): mesne profit
Sections 2 (14): orderSections 2 (14): order
Sections 2 (15): pleaderSections 2 (15): pleader
Sections 2 (8): judgeSections 2 (8): judge

Res sub judiceRes sub judice
Section 10 relates to the stay of suit. ItSection 10 relates to the stay of suit. It
narrates the nature of res sub judice.narrates the nature of res sub judice.
This is a mandatory provision onceThis is a mandatory provision once
conditions are fulfilled then subsequentconditions are fulfilled then subsequent
suit must be stayed.suit must be stayed.

Res judicataRes judicata
Section deals with the doctrine of resSection deals with the doctrine of res
judicata.judicata.
This section prohibits adjudication of theThis section prohibits adjudication of the
same issue between the same partiessame issue between the same parties
more that once.more that once.
The doctrine of res judicata is question ofThe doctrine of res judicata is question of
facts and law.facts and law.
The doctrine of res judicata is treated asThe doctrine of res judicata is treated as
estoppel by record.estoppel by record.

Section 13: foreign judgement not conclusiveSection 13: foreign judgement not conclusive
Sec. 14: shall presumption as to foreignSec. 14: shall presumption as to foreign
judgment.judgment.
Sec. 15Sec. 15: every suit shall be instituted in: every suit shall be instituted in
the lowest grade of competentthe lowest grade of competent
jurisdictionjurisdiction
Sec. 16Sec. 16: suit to be instituted where: suit to be instituted where
subject matter situatedsubject matter situated
Sec. 17: if the immovable property situateSec. 17: if the immovable property situate
within the jurisdiction of different courtwithin the jurisdiction of different court
may institute in any of such Court.may institute in any of such Court.

Sec. 18Sec. 18: place of institution of the suit where: place of institution of the suit where
local limit of jurisdiction of the court arelocal limit of jurisdiction of the court are
uncertain, any of these court may recorduncertain, any of these court may record
statement and entertain the suit.statement and entertain the suit.
Sec. 19Sec. 19: suit for compensation of wrong to: suit for compensation of wrong to
person and movable, may file where causeperson and movable, may file where cause
action arise, or the def. resides or work foraction arise, or the def. resides or work for
gaingain
Sec.20Sec.20: A is a trades man in dhaka. B carries: A is a trades man in dhaka. B carries
on business on ctg. B by his agent in dhk buyson business on ctg. B by his agent in dhk buys
gods of A and request to deliver them to thegods of A and request to deliver them to the
BD biman. A deliver the gods accordingly. ABD biman. A deliver the gods accordingly. A
may sue for the price against B in dhk wheremay sue for the price against B in dhk where
cause of action arisen, or ctg where B carriescause of action arisen, or ctg where B carries
on business.on business.
Sec. 21Sec. 21: no objection to jurisdiction: no objection to jurisdiction

Section 24Section 24
It relates to the general power of transfer or withdrawal.It relates to the general power of transfer or withdrawal.
Grounds of transfer:Grounds of transfer:
-reasonable apprehension of not getting justice-reasonable apprehension of not getting justice
- bias- bias
- common question of fact and law in two suits (such- common question of fact and law in two suits (such
as application for analogous or simultaneous trial)as application for analogous or simultaneous trial)
- conflicting decision and multiplicity of proceeding- conflicting decision and multiplicity of proceeding
( such as application for analogous or simultaneous trial)( such as application for analogous or simultaneous trial)
- convenience of parties- convenience of parties

Sec. 35: determination of costs is full discretionarySec. 35: determination of costs is full discretionary
power of the court (subject to the limitationpower of the court (subject to the limitation
prescribed)prescribed)
Sec. 35A: compensatory costs in respect of falseSec. 35A: compensatory costs in respect of false
and vexatious claims and defenses may extend upand vexatious claims and defenses may extend up
to 20,000 taka.to 20,000 taka.
Sec. 38Sec. 38: a decree may be executed by the court: a decree may be executed by the court
which passed it or send it to another court.which passed it or send it to another court.
The court which passed it may on theThe court which passed it may on the
application of the decree holder send it forapplication of the decree holder send it for
execution to another court under s. 39execution to another court under s. 39
Sec. 48Sec. 48: limitation for filing execution of decree: limitation for filing execution of decree
is 12 years.is 12 years.

Sections 55-59Sections 55-59
These sections relate to arrest and detention of theThese sections relate to arrest and detention of the
judgement debtorjudgement debtor
The judgement debtor may be arrested in execution ofThe judgement debtor may be arrested in execution of
decree and sent him or civil prison under s. 55decree and sent him or civil prison under s. 55
Prohibition of arrest and detention of women in executionProhibition of arrest and detention of women in execution
of decree for money, s. 56of decree for money, s. 56
Maximum period of detention is 6 months for above tk.Maximum period of detention is 6 months for above tk.
50, in other cases 6 weeks. S. 5850, in other cases 6 weeks. S. 58
He shall be released by paying amount, on request ofHe shall be released by paying amount, on request of
the person who applied for his detention (s.58), releasethe person who applied for his detention (s.58), release
on the ground of illness (s. 59)on the ground of illness (s. 59)

These sections deals with attachmentThese sections deals with attachment
S. 60 mentions which property is liable toS. 60 mentions which property is liable to
attachment and which is notattachment and which is not
S. 61, partial exemption of agriculturalS. 61, partial exemption of agricultural
produceproduce
After sunset and beore sunrise enteringAfter sunset and beore sunrise entering
into dwelling house is prohibited, s. 62into dwelling house is prohibited, s. 62

These sections deal with suit by or against govt.These sections deal with suit by or against govt.
A suit may be instituted against govt. afterA suit may be instituted against govt. after
expiration of 2 months next after deliveringexpiration of 2 months next after delivering
notice (s. 80)notice (s. 80)
If no such notice is given court shall notIf no such notice is given court shall not
allow less than 3 months to govt. to submitallow less than 3 months to govt. to submit
WS (s. 80)WS (s. 80)
S. 81: exemption of arrest and personalS. 81: exemption of arrest and personal
appearanceappearance

Sections 96-112 relates to AppealSections 96-112 relates to Appeal
An appeal shall lie from every decreeAn appeal shall lie from every decree
passed by any court exercising originalpassed by any court exercising original
jurisdiction including ex parte unless suchjurisdiction including ex parte unless such
right is denied by other law. (s. 96)right is denied by other law. (s. 96)
no appeal shall lie against a decreeno appeal shall lie against a decree
passed by the consent of the parties. (s.passed by the consent of the parties. (s.
96)96)
S. 104 deals with the order from whichS. 104 deals with the order from which
appeal lies.appeal lies.

continuedcontinued
Sec. 107: Power of Appellate CourtSec. 107: Power of Appellate Court
- to determine a case finally- to determine a case finally
- to remand case (O.43, R. 23)- to remand case (O.43, R. 23)
- to frame issue and refer them for trial- to frame issue and refer them for trial
- to take additional evidence (O.41, R. 27)- to take additional evidence (O.41, R. 27)

Order 41 appeals from originalOrder 41 appeals from original
decreedecree
A appeal shall be filed by presentation ofA appeal shall be filed by presentation of
memorandum containing the grounds ofmemorandum containing the grounds of
objection. (R. 1)objection. (R. 1)
Failing which it may be rejected or returned forFailing which it may be rejected or returned for
amendment (R. 3)amendment (R. 3)
The appellant is required to file an applicationThe appellant is required to file an application
praying for stay of execution of the decree and itpraying for stay of execution of the decree and it
is discretionary power of the court to accept oris discretionary power of the court to accept or
refuse it (R. 5)refuse it (R. 5)
Security in case of order for execution of decreeSecurity in case of order for execution of decree
appealed from (R. 6)appealed from (R. 6)

continuedcontinued
dismissed for default (R. 17)dismissed for default (R. 17)
Appeal heard ex parte ( R. 17)Appeal heard ex parte ( R. 17)
Re-admission of appeal DD (R. 19)Re-admission of appeal DD (R. 19)
Directly re-admit appeal to avoid delay (R. 19A)Directly re-admit appeal to avoid delay (R. 19A)
Power to adjourn hearing and direct personsPower to adjourn hearing and direct persons
appearing interested to be made respondents (R.appearing interested to be made respondents (R.
20)20)
If the court satisfied can re-hear the appeal passedIf the court satisfied can re-hear the appeal passed
ex parte on the application of the respondent (R. 21)ex parte on the application of the respondent (R. 21)
Directly rehear the appeal for avoiding delay (R.Directly rehear the appeal for avoiding delay (R.
21A)21A)

continuedcontinued
The judgement shall pronounce after givingThe judgement shall pronounce after giving
opportunities to the parties (R. 30)opportunities to the parties (R. 30)
The judgement may be confirming, varying orThe judgement may be confirming, varying or
reversing the decree which the appeal isreversing the decree which the appeal is
preferred (R. 32)preferred (R. 32)
Certified copies of judgement and decree toCertified copies of judgement and decree to
be furnished to the parties (R. 36)be furnished to the parties (R. 36)
***** Order 43***** Order 43

Where appeal liesWhere appeal lies
Appeal from DJ and ADJ shall lie to HCD (s. 20Appeal from DJ and ADJ shall lie to HCD (s. 20
of Civil Courts Act)of Civil Courts Act)
Appeal from orer or decree of JDJ where valueAppeal from orer or decree of JDJ where value
of original suit did not exceed 5 lac shall lie toof original suit did not exceed 5 lac shall lie to
the DJ (s. 21 ibid)the DJ (s. 21 ibid)
where value is exceeding 5 lac to the HCD (ibid)where value is exceeding 5 lac to the HCD (ibid)
Appeal from and decree and order of seniorAppeal from and decree and order of senior
assistant judge or assistant judge shall lie to theassistant judge or assistant judge shall lie to the
DJ (s. 21)DJ (s. 21)

Section 113Section 113 deals with reference todeals with reference to
the HCD for opinion.the HCD for opinion.
Sections 114Sections 114 provides that anyprovides that any
person aggrieved may apply forperson aggrieved may apply for
review to the court which passed thereview to the court which passed the
decree or made the order, if nodecree or made the order, if no
appeal preferred or no appeal isappeal preferred or no appeal is
allowedallowed

Section 115: RevisionSection 115: Revision
An aggrieved person can file an application for revisionAn aggrieved person can file an application for revision
to the HCD against the decree or order (where no appealto the HCD against the decree or order (where no appeal
lies) passed by DJ or ADJ []s.115(1)lies) passed by DJ or ADJ []s.115(1)
To the DJ against the decree or order passed byTo the DJ against the decree or order passed by
assistant judge or senior assistant judge or joint districtassistant judge or senior assistant judge or joint district
judge [s. 115(2)]judge [s. 115(2)]
If the lower court have committed error of law resultingIf the lower court have committed error of law resulting
error in the in such decree or order occasioning failure oferror in the in such decree or order occasioning failure of
justicejustice
Second revision can be made to the HCD if it grantsSecond revision can be made to the HCD if it grants
leave for revision on an error of an important question ofleave for revision on an error of an important question of
law resulting in erroneous decision occasioning failure oflaw resulting in erroneous decision occasioning failure of
justice [s.115(4)]justice [s.115(4)]

Section 122: The supreme court has theSection 122: The supreme court has the
power to make rules for each division andpower to make rules for each division and
the procedure of civil courts.the procedure of civil courts.
S. 135: no judge, magistrate and otherS. 135: no judge, magistrate and other
judicial officer hall be liable to arrest underjudicial officer hall be liable to arrest under
civil process while going to, presiding in, orcivil process while going to, presiding in, or
returning from his court.returning from his court.
S. 142: All orders and notice given shall beS. 142: All orders and notice given shall be
in writingin writing

Sections 151Sections 151 deals with inherentdeals with inherent
power of the courtpower of the court
Sections 153Sections 153 deals with generaldeals with general
power to amendpower to amend

Order 1 of CPCOrder 1 of CPC
R. 1 & 3: who may be joined as plaintiffs & defendants –R. 1 & 3: who may be joined as plaintiffs & defendants –
simply the persons who brought separate suits or suitsimply the persons who brought separate suits or suit
were brought against such persons any commonwere brought against such persons any common
question of fact and law would arisequestion of fact and law would arise
Only on the ground of misjoinder and non- joinder ofOnly on the ground of misjoinder and non- joinder of
party, the suit shall not be defeated (R.9), and objectionparty, the suit shall not be defeated (R.9), and objection
as to such shall be taken at earliest possible time (R. 13)as to such shall be taken at earliest possible time (R. 13)
R. 10:R. 10:
- suit in the name of wrong plaintiff, if court thinks- suit in the name of wrong plaintiff, if court thinks
just shall add or substitute other person as plfjust shall add or substitute other person as plf
- court may at any stage of the trial strike out and- court may at any stage of the trial strike out and
add parties.add parties.

Order 2Order 2
suit shall include whole claim, R. 2suit shall include whole claim, R. 2
A lets a house to B at yearly rent f tk. 5000. rentA lets a house to B at yearly rent f tk. 5000. rent
for whole the year 2010, 2011, 2012 is due andfor whole the year 2010, 2011, 2012 is due and
unpaid. A in 2013 sue for only rent of 2010. aunpaid. A in 2013 sue for only rent of 2010. a
shall not afterwards sue for the rent due for 2011shall not afterwards sue for the rent due for 2011
and 2012 (R. 2)and 2012 (R. 2)
Plf may unite the joinder of cause of actionPlf may unite the joinder of cause of action
against def. (R. 3)against def. (R. 3)
All objection of misjoinder of cause of actionAll objection of misjoinder of cause of action
shall be taken at earliest possible opportunitiesshall be taken at earliest possible opportunities
(R. 7)(R. 7)

Pleadings shall mean plaint or written statement (R. 1)Pleadings shall mean plaint or written statement (R. 1)
Pleadings shall contain material facts not law andPleadings shall contain material facts not law and
evidence and it should be concise (R. 2)evidence and it should be concise (R. 2)
Every particulars necessary shall be stated (r. 4)Every particulars necessary shall be stated (r. 4)
Every pleading shall be signed by the party or hisEvery pleading shall be signed by the party or his
authorised agent if necessary and by pleader (R. 14)authorised agent if necessary and by pleader (R. 14)
The document if necessary to state shall state preciseThe document if necessary to state shall state precise
and concise way (R. 9)and concise way (R. 9)
R. 15: verification of pleadings, shall be signed andR. 15: verification of pleadings, shall be signed and
dated by person who making it at the foot of thedated by person who making it at the foot of the
pleadings.pleadings.
The court may strike out or amend any matter inThe court may strike out or amend any matter in
pleadings which is necessary (R. 16)pleadings which is necessary (R. 16)
R. 17: the court may amend the pleadings at any stageR. 17: the court may amend the pleadings at any stage
of the trial unless it changes the nature of the suit.of the trial unless it changes the nature of the suit.

R. 1R. 1: The plaint shall contain name of the court;: The plaint shall contain name of the court;
name, description, place of residence of the plaintiffname, description, place of residence of the plaintiff
and defendant, cause of action, jurisdiction of theand defendant, cause of action, jurisdiction of the
court, value of the subject matter, court fees paid.court, value of the subject matter, court fees paid.
R. 3R. 3: if he subject mater of the suit is immovable: if he subject mater of the suit is immovable
property, then plaint shall contain a description ofproperty, then plaint shall contain a description of
the property and specify the boundaries or numberthe property and specify the boundaries or number
The defendant interest and liability shall showThe defendant interest and liability shall show
(R. 5)(R. 5)
Every relief shall be specifically stated (R. 6)Every relief shall be specifically stated (R. 6)
R. 10: Return of plaintR. 10: Return of plaint
- If the court has no jurisdiction either pecuniary or territorial- If the court has no jurisdiction either pecuniary or territorial
can return the plain.can return the plain.

continuedcontinued
R. 11: rejection of plaintR. 11: rejection of plaint
- no cause of action- no cause of action
- relief claimed is undervalued- relief claimed is undervalued
- insufficient stamp- insufficient stamp
-barred by any law-barred by any law
*** where evidence is required to establish plea of res*** where evidence is required to establish plea of res
judicata, the rejection of plaint on the ground of resjudicata, the rejection of plaint on the ground of res
judicata can not be sustained.judicata can not be sustained.
*** the time fixed for the correction of the valuation or*** the time fixed for the correction of the valuation or
supplying of the requisite stamp shall not exceedsupplying of the requisite stamp shall not exceed
21 days21 days
R. 13: rejection of plaint doesn’t precludeR. 13: rejection of plaint doesn’t preclude
presentation of fresh plaint.presentation of fresh plaint.

R. 2: new fact must be specifically pleadedR. 2: new fact must be specifically pleaded
R. 3 denial to be specificR. 3 denial to be specific
R. 6: set-off, demand ascertain sum ofR. 6: set-off, demand ascertain sum of
moneymoney

R. 2: dismissal of the suit where summons notR. 2: dismissal of the suit where summons not
served in consequences of plaintiffs failure toserved in consequences of plaintiffs failure to
paypay
R. 3: where neither party appears suit to beR. 3: where neither party appears suit to be
dismisseddismissed
R. 4: dismissal under r. 2, 3 plf may file fresh suitR. 4: dismissal under r. 2, 3 plf may file fresh suit
or court may restore the suitor court may restore the suit
R. 6: when plf appears but def does not andR. 6: when plf appears but def does not and
summons duly served court may proceed exsummons duly served court may proceed ex
parteparte

continuedcontinued
R. 8: when plf does not appear but def appear,R. 8: when plf does not appear but def appear,
suit shall be dismissedsuit shall be dismissed
R. 9: under r. 8 suit is dismissed, the plf has barR. 9: under r. 8 suit is dismissed, the plf has bar
to file fresh suit, but can apply for set asideto file fresh suit, but can apply for set aside
dismissal order.dismissal order.
R. 9A: court may directly set aside the dismissalR. 9A: court may directly set aside the dismissal
order with cost oforder with cost of not exceeding TK.1000not exceeding TK.1000
R. 13: setting aside ex parte decreeR. 13: setting aside ex parte decree
R. 13A: directly setting aside ex parte with costsR. 13A: directly setting aside ex parte with costs
ofof not exceeding TK. 3000 within 30 days ofnot exceeding TK. 3000 within 30 days of
date of decree passed.date of decree passed.

Order 10, 11, 12Order 10, 11, 12
Order 10: Examination of parties by theOrder 10: Examination of parties by the
courtcourt
Order 11: Discovery and inspectionOrder 11: Discovery and inspection
Order 12: AdmissionOrder 12: Admission

Order 14, 15, 16, 17Order 14, 15, 16, 17
Order 14: it relates to the framing of issuesOrder 14: it relates to the framing of issues
and other related mattersand other related matters
Order 15: disposal of the suit at the firstOrder 15: disposal of the suit at the first
hearinghearing
Order 16: summons and attendance of theOrder 16: summons and attendance of the
witnesswitness
Order 17: adjournmentOrder 17: adjournment

Order 18, 19, 20, 21, 22Order 18, 19, 20, 21, 22
Order 18: hearing of the suit and examination ofOrder 18: hearing of the suit and examination of
the witnessesthe witnesses
Order 19: affidavitOrder 19: affidavit
Order 20: judgement and decreeOrder 20: judgement and decree
Order 21: execution of decree and orderOrder 21: execution of decree and order
Order 22: it deals with death of the parties andOrder 22: it deals with death of the parties and
other related matterother related matter
- R. 1,2,3,4 and r.9(effect of abatement), r.- R. 1,2,3,4 and r.9(effect of abatement), r.
9A (directly setting aside abatement) are9A (directly setting aside abatement) are
importantimportant

R. 1: the plaintiff may withdraw the suit atR. 1: the plaintiff may withdraw the suit at
any time after institution of the suitany time after institution of the suit
R. 2: to institute a fresh suit the plf shall beR. 2: to institute a fresh suit the plf shall be
bound by law of limitationbound by law of limitation
R. 3: compromise of the suitR. 3: compromise of the suit

Order 26 & 27Order 26 & 27
Or. 26 R. 9Or. 26 R. 9: commission to make local: commission to make local
investigationinvestigation
The report of the commissioner is to beThe report of the commissioner is to be
evidence in suit, and the commissionerevidence in suit, and the commissioner
may be examined in open court by themay be examined in open court by the
partiesparties (O. 26 R. 10(O. 26 R. 10))
O. 26 R. 20O. 26 R. 20: application for commission to: application for commission to
the HCDthe HCD
Order. 27Order. 27: suit by or against govt.: suit by or against govt.

Order 32 & 33 of CPCOrder 32 & 33 of CPC
Order 32: suit by or against minors andOrder 32: suit by or against minors and
unsound person shall be instituted by hisunsound person shall be instituted by his
next friend (r. 1 & 15)next friend (r. 1 & 15)
Order 33: suit may be instituted by pauper,Order 33: suit may be instituted by pauper,
pauper means to unable to pay the feepauper means to unable to pay the fee
prescribed by law for plaint in such suit orprescribed by law for plaint in such suit or
who is not entitled to worth TK. 5000who is not entitled to worth TK. 5000

Order 35: InterpleaderOrder 35: Interpleader
1.1. The plaintiff claims no interest to the subjectThe plaintiff claims no interest to the subject
matter butmatter but 2.2. defendants claim adversely to onedefendants claim adversely to one
another andanother and 3.3. there is no collusion betweenthere is no collusion between
plaintiff and defendant andplaintiff and defendant and 4.4. plaintiff is ready toplaintiff is ready to
pay or deliver property to one of the defendantpay or deliver property to one of the defendant
(R. 1)(R. 1)
When a person deposit money to a bank andWhen a person deposit money to a bank and
there is dispute between him and other forthere is dispute between him and other for
ownership, bank can file an interpleader suitownership, bank can file an interpleader suit

R. 1: cases in which temporary injunctionR. 1: cases in which temporary injunction
be granted :-be granted :-
i. any property in dispute is in danger ofi. any property in dispute is in danger of
being wasted alienated damaged, orbeing wasted alienated damaged, or
wrongfully sold in the execution of decreewrongfully sold in the execution of decree
ii. Defendants threatens or intends toii. Defendants threatens or intends to
remove or dispose of his propertyremove or dispose of his property
iii. Court can grant temporary injunctioniii. Court can grant temporary injunction
iv. Application as to make by affidavitiv. Application as to make by affidavit

continuedcontinued
R. 2: the order granted under r. 1 , ifR. 2: the order granted under r. 1 , if
breach of such order or order continuesbreach of such order or order continues
court may ordercourt may order to furnish securityto furnish security oror
attachment of the property not more then 1attachment of the property not more then 1
yearyear oror sold the property, pay the balancesold the property, pay the balance
or giveor give him civil prison not more than 6him civil prison not more than 6
monthsmonths
R. 4:R. 4: order for injunction may beorder for injunction may be
discharged, varied or set aside on thedischarged, varied or set aside on the
application made by the parties dissatisfiedapplication made by the parties dissatisfied
R. 7: inspection of the subject matter.R. 7: inspection of the subject matter.

Order 40, 47Order 40, 47
Order 40: appointment of receiverOrder 40: appointment of receiver
order 47: revieworder 47: review

Suggestion: it is better to studySuggestion: it is better to study
the statute as a whole and buildthe statute as a whole and build
better understanding about thebetter understanding about the
precedent.precedent.

Code of Civil Procedure

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