Bare ActsCode of Civil Procedure, 1908 (CPC - As amended by Commercial Courts Act, 2015 - Applicable for Commercial Courts only)

Section 3-FIRST-SCHEDULE-38

Agreement to be filed and registered as suit

Amendment status not verified — confirm the current text below against the official source.

(1) The agreement, if framed in accordance with the rules hereinbefore contained, may be filed [with an application] in the Court which would have jurisdiction to entertain a suit, the amount or value of the subject-matter of which is the same as the amount or value of the subject-matter of the agreement. (2) [The application], when so filed, shall be numbered and registered as a suit between one or more of the parties claiming to be interested as plaintiff or plaintiffs, and the other or the others of them as defendant or defendants; and the notice shall be given to all the parties to the agreement, other than the party or parties by whom [the application was presented]. Inserted by Act 104 of 1976, S.83 (w.e.f. 01/02/1977). Substituted by Act 104 of 1976, S.83, for the words "The agreement" (w.e.f. 01/02/1977). Substituted by Act 104 of 1976, S.83, for the words "it was presented" (w.e.f. 01/02/1977).

Section 3-FIRST-SCHEDULE-38 – Code of Civil Procedure, 1908 (CPC - As amended by Commercial Courts Act, 2015 - Applicable for Commercial Courts only) | DailyLaw.ai