CODE OF CIVIL PROCEDURE CODE

CODE OF CIVIL PROCEDURE CODE.1908

CODE OF CIVIL PROCEDURE, 1908

PROVISION OF LAW	JURISDICTION VALUE	COURT FEES	LIMITATION	Numbering By court	Dcouments to accompany.
Order XLI Rule1 & 96 [APPEAL]	Valuation should be above Rs.25000/- [ upto Rs.1 lakh by single bench and above by Division Bench.	Sec.52 of the Kerala Court Fees And Suits Valuation Act, 1959.[One third payable at admission]	Ninety days. Art.115(b)(I) of the Limitation Act.	APPEAL SUITS. [A.S.No…….. OF year	Decree copy, Printed judgement copy (2) or petition for time for producing printed copy of judgment. Valuation for jurisdiction and court fee should be seperately stated in the memorandum and in the docket
Order XVII Rule 1 & sec.100 [SECOND APPEAL]	As in first appeal [heard by Single Bench]	Same as above	Same as above	SECOND APPEALS [S.A.No…… of year]	Decree and judgment copies of both the courts. Time petition can be made for producing printed copy of judgment.
Sec. 115 [REVISION]	Heard by Single bench	Sec.I Art(1) (iii)(A) (1)(a) If valuation is above Rs.1000/- then Rs.10/-(b) In other cases it is Rs.5/-	Ninety days [Rule 44 of the Rules of the High Court of Kerala, 1971] &Art.131 C.P.C	CIVIL REVISION PETITION. [C.R.P.No…. of year]	Certified copy of the trial courts order should be produced along with memorandum of CRP in a paper book form.
Sec. 114 [REVIEW]	By the court which passed the order.	One half of the court fees payable . [Sch. I- Art.5]	Thirty days. [Art.124]	REVIEW PETITIONS [R.P.No….. OF YEAR]	The certified copy of the order to be reviewed is to be produced.
Sec.113 [REFERENCE]	Any court may state a case and refer the same for the opinion of the High Court .	NO COURT FEES	No TIME LIMIT.	Civil Miscellaneous Reference
Order XLII Rule. 1 & Sec.104 CIVIL MISCELLANEOUS APPEAL	If the valuation is more than Rs.1 lakh, then it is to be heard by Division Bench otherwise by single bench.	Sec.II Art(1) (iii)(A) (1)(a) If valuation is above Rs.1000/- then Rs.10/-(b) In other cases it is Rs.5/-	Ninety days. [Art.116(a)	Civil Miscellaneous Appeal [C.M.A.No…. of 1999]	The certified copy of the order under challenge
Cross Objections Order XLI-A Rule 9	Valuation shall , depend on the contents of the decree	Sec.52 of the Kerala Court Fees And Suits Valuation Act, 1959.		Cross Objections No………of year	Date of receipt of notice should be mentioned in the memorandum of cross objections
Appeal to division bench [Under Sec.5 of the High Court Act.	Valuation as before the single judge	Ad valorem court fee has to be paid 1973 KLT 21 (FB).	Thirty days	A.F.A.No……..o f year	The appeal is maintainable only on questions of law
CAVEAT		Re.10/- Sch-II,Art. 18

The memorandum of second appeals, civil miscellaneous appeals and revision petitions shall contain a brief statement of the facts of the case and shall set forth the grounds of objection to the judgment or order appealed against.
After admission of the cases, the fee for service of notice may be presented within seven days of the order admitting the matter.
No copy of the interim order shall be communicated given until the process fees and the necessary papers have been filed.
Caveats can be filed in the above matters under Sec. 149A C.P.C.

CIVIL MISCELLANEOUS PETITIONS

[Numbered as C.M.P.No…………..of year]

Item	Provision of law	Limitation & Court Fees	Special Instructions	Court Fees
Stay Petition In appeals	Order XLI Rule 5	Court Fees Rs.	Security to be given for the due performance	Rs.2/- [Sch-II , 11 (t) of the C.Fees Act]
Petition to condone delay	Order XLI Rule3A & Sec.5 of the Limitation Act	NIL	Shall be filed along with the appeal/revision/petition,etc.	-do-
Restoration of appeal dismissed for default	Order XLI Rule 19	Thirty days [Art.122]		-do-
Production of documents in appeal	Order XLI Rule 27	No time limit		-do-
Leave to file Appeal by indigent person	Order XLIV Rule 1	Sixty days Art.130	Numbered as C.M.C.No…….of year.	-do-
To Implead legal representatives	Order XXII Rule 4(1)	Ninety days Art.120		-do-
To set aside abatement	Order XXII Rule 4 (5)	Sixty days Art.121		-do-
Petition for time for the production of Printed copy, etc.	Sec. 151	Nil	If this petition is not filed , the appeal will not be send for admission.	-do-
Commission for local Inspection	O.XXVI Rule9	Nil		-do
Commission for examination of witness	Order XXVI Rule 19 & 20	Nil		-do
Application for temporary injunction	Order XXXIX Rule 1	Nil		Rs.5/- [Sch-II.Art(1)11 (h)(2)(ii)
Application for the appointment of receiver	Order XL Rule 1	Nil

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