Code of Civil Procedure (Amendment) Ordinance 2025

Order V Rule 9 sub-rule (3): the words “transmission of documents through” shall be substituted by the words “Short Message Service, Voice Calls, Instant Messaging Services,” and the following words shall be added as follows “Provided that the proof of such service shall be kept in record.”

Order VII Rule 1 clause (b) & (c) shall be substituted as follows:

“( b) the name, description and  place of residence (including phone or mobile number, national identification number (NID) and email address, if any, of the plaintiff;

(c) the name, description and place of residence (including phone or mobile number, national identification number (NID) and email address, if any, of the defendant so far as they can be ascertained;’’

Order IX Rule 13 Sub Rule 1: the following words shall be words as follows: “Provided further that no decree shall be set aside more than once under this rule at the instance of the same defendant.’’

Order XVII Rule 01 sub rule (3): The word “Six” shall be substituted by the word “Four”. 

Order XVIII: Rule 4A shall be added as follows: “4A. Examination-in-chief on affidavit and admissibility of documents.- Notwithstanding anything contained in this  Code or the Evidence Act, 1872 (Act No. 1 of 1872), the facts stated in the plaint or written statement shall not be required to be orally stated or denied by the plaintiff or the defendant, as the case may be, and in every case, the examination-in-chief of the plaintiff or the defendant, as the case may be, shall be on affidavit and he may then be cross-examined and, if necessary, re-examined:

Provided that a copy of such affidavit shall be supplied to the other party before being furnished to the Court:

Provided further that where documents are filed along with the affidavit and the parties rely upon such documents, the proof and admissibility of those documents shall be subject to the orders of the Court.”

Rule 20: the words “Five” shall be substituted by the word “Ten”,  the words “Two” shall be substituted by the word “Four”, the words “One Hundred” shall be substituted by the word “Two Hundred”, the words “Seventy” shall be substituted by the word “One Hundred Forty”. 

Order XXI: Rule 30A shall be added as follows: “30A. Special provisions for execution of decree for payment of money.- (1) Notwithstanding anything contained in this Code, the Court may, on the application of the decree-holder, detain the judgment-debtor in the civil prison for the whole or any part of the decretal amount remaining unpaid, for a term not exceeding six months or until payment is made, whichever is earlier.

(2) The expense incurred for subsistence of the judgment-debtor detained in a civil prison under this Code shall be borne by the Government.

(3) The provision of detention in the civil prison shall not apply to a judgment-debtor who is a minor or of unsound mind or who has been declared as insolvent by a competent Court or who has been substituted as a successor to the original judgment-debtor by inheritance.

(4) If the judgment-debtor in the civil prison deposits not less than 25% of the decretal amount together with a bond for payment of the remaining amount within 60 days, the Court shall release him and if the judgment-debtor fails to pay the remaining decretal amount as per the conditions stated in the bond, he shall be liable to be rearrested and detained further in the civil prison which may extend to six months.

(5) If a judgment-debtor is detained for the entire term in the civil prison under sub-rule (1) or (4), he shall not be re-arrested or detained further in the civil prison in the same execution proceeding or in any other execution proceeding arising from the same decree.

(6) If a judgment-debtor is detained in the civil prison under this rule for the whole or any part of the term of civil detention, he shall not be exempted from paying the unpaid amount of the decree.’’

Rule 39 shall be omitted. 

Rule 104 shall be added as follows: 

“104. Direct execution of decree.-(1) Notwithstanding anything contained in this Code or any other law for the time being in force, the Court may, subject to the law of limitation, receive an application for the execution of a decree in the record of the suit in which the decree has been passed, or, where the record has been called for by an Appellate or Revisional Court, in a part-file prepared for this purpose and the Court may forthwith order the execution of the decree.
(2) Where the decree-holder or the purchaser of the property sold in execution of a decree is resisted or obstructed by the judgmentdebtor or any person claiming under him or any other person, as the case may be, in obtaining possession of the property and the Court is satisfied in that regard, it may, on the application of the decreeholder or the purchaser, direct any person as the Court may appoint in this behalf and, if necessary, the law enforcement agency to place the decree-holder or the purchaser in possession of the property.”

Order XLI: Rule 21 – the following words shall be added as follows: “Provided that no Appeal shall be re-heard more than once under this rule.”;” 

Rule 24: the word ‘May’ shall be substituted by the word “Shall”

Rule 30: sub section (2) shall be added as follows: 

“(2) Notwithstanding anything contained in sub-rule (1), if neither party nor his pleader appears when the appeal is called on for hearing, the Appellate Court may, for reasons to be recorded in writing, if considers the materials on record are sufficient to dispose of the appeal on merits, pronounce judgment in open Court immediately or on a date to be fixed by it.”