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Code of Civil Procedure, 1908

ORDER IV

Institution of suits

1. Suit to be commenced by plaint.-

(1) Every suit shall be instituted by presenting 3[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.

4[(3) The plaint shall not be deemed to be duly instituted unless it complies with the requirements specified in sub-rules (1) and (2)].

3. Subs. by Act 46 of 1999, s. 14, for certain words (w.e.f. 1-7-2002).

4. Ins. by s. 14, ibid. (w.e.f. 1-7-2002).

2. Register of suits.-

The Court shall cause the particulars of every suit to be entered in a book to be kept for the purpose and called the register of civil suits. Such entries shall be numbered in every year according to the order in which the plaints are admitted.

1. Consolidation of suits and proceedings- When two or more suits or proceedings are pending in the same court, and the court is of opinion that it is expedient in the interest of justice, it may by order direct their joint trial, whereupon all such suits and proceedings may be decided upon the evidence in all or any such suits or proceedings."

STATE AMENDMENT

Uttar Pradesh

Insertion of Order IV-A.-In the First Schedule, after Order IV, the following Order shall be inserted, namely :-

"ORDER IV-A

CONSOLIDATION OF CASES

[Vide Uttar Pradesh Act 57 of 1976, s. 5]

Amendment of Order VI.- In the First Schedule, in Order VI, in rule 15, in sub-rule (1), for the words "at the foot", the following words shall be substituted, namely :-

"on oath administered by an officer empowered under section 139 of the Code,".

[Vide Uttar Pradesh Act 57 of 1976, s. 6]



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