(PROVISIONAL ORDER)
THE CIVIL PROCEDURE ACT, 2003
PART I
PRELIMINARY PROVISIONS – JURISDICTION
TRANSFER OF SUITS-MATTERS NOT WITHIN THE
JURISDICTION OF COURTS
CHAPTER 1.
PRELIMINARY PROVISIONS
1.
Title and Comment:This Act may be cited as the “Civil Procedure Act, 2003” and shall come into
effect on the date of signature.
2.
Repeal and Saving:The Civil Procedure Act, 1994 is hereby replaced provide that all proceedings, orders and
regulations taken or made there under shall remain in force until repealed or amended in
accordance with the provisions of this Act.
3.
Application:The provisions of this Act shall apply to procedure related to civil matters, matters of
personal status, and other provisions the procedure for which is not provided for by other
Laws.
4.
Provisions Regulating Procedure:The provisions of this Act shall apply to all suits and proceedings pending before the
Courts at the commencement of such proceedings except:(a) the provisions modifying jurisdiction, where the commencement of such
proceedings, take place after the hearing of the suit has started;
(b) the provisions regulating the odes of objection in respect of decrees made
before the commencement of such provisions where they abrogate an
existing mode or create a new one.
5.
Rules to be Applied on Suits of Personal Law:Where in any suit or other proceedings in a Civil Court, any question arises regarding
succession, inheritance, legacies, gifts, marriage, divorce, family relations or the
constitution of wafts, the rule for decision of such question shall be:a) any custom applicable to the parties concerned, which is not contrary to
justice, equity or good conscience and has not been by this or any other
enactment altered or abolished or has not been declared void by the
decision of a competent Court;
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