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The Code of Civil Procedure, 1908: page 82

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 82, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     139. Oath on affidavit by whom to be administered.—In the case of any affidavit under this Code—
          (a) any Court or Magistrate, or
          1
           [(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or]
          (b) any officer or other person whom a High Court may appoint in this behalf, or
         (c) any officer appointed by any other Court which the State Government has generally or
     specially empowered in this behalf,
may administer the oath to the deponent.
                                                 STATE AMENDMENT
Uttar Pradesh
Amendment of section 139 of Act no. 5 of 1908.— In section 139 of the Code of Civil
Procedure, 1908, for clauses (b) and (c), the following shall be substituted and be
deemed always to have been substituted, namely :—
          “(b) any person appointed in this behalf by a High Court or by a District Court ; or
          (c) any person appointed in this behalf by such other Court as the State Government may, by
     general or special order, empower in this behalf” ;
[Vide Uttar Pradesh Act 11 of 1981, s. 2]
                                                                                  e
    140. Assessors in causes of salvage, etc.—(1) In any admiralty or vice-admiralty cause of salvage to
                                                                           od
wage or collision the Court, whether it be exercising its original or its appellate jurisdiction, may, if it
thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as
                                                                     aC
it may direct or as may be prescribed, two competent assessors; and such assessors shall attend and assist
accordingly.
                                                              di
     (2) Every such assessor shall receive such fees for his attendance, to be paid by such of the parties
as the Court may direct or as may be prescribed.         In
    141. Miscellaneous proceedings.—The procedure provided in this Code in regard to suits shall be
followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.
     2
     [Explanation.—In this section, the expression “proceedings” includes proceedings under Order
IX, but does not include any proceedings under article 226 of the Constitution.]
    142. Orders and notices to be in writing.—All orders and notices served on or given to any
person under the provisions of this Code shall be in writing.
    143. Postage.—Postage, where chargeable on a notice, summons or letter issued under this Code
and forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed
before the communication is made:
    Provided that the State Government 3*** may remit such postage, or fee, or both, or may prescribe
a scale of court-fees to be levied in lieu thereof.
     144. Application for restitution.—(1) Where and in so far as a decree 4[or an order] is 5[varied or
reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the
purpose, the Court which passed the decree or order] shall, on the application of any party entitled to any
benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place
the parties in the position which they would have occupied but for such decree 4[or order] or 6[such part
thereof as has been varied, reversed, set aside or modified]; and for this purpose, the Court may make any
orders, including orders for the refund of costs and for the payment of interest, damages, compensation and
mesne profits, which are properly 7[consequential on such variation, reversal, setting aside or modification
of the decree or order].

1. Ins. by Act 104 of 1976, s. 46 (w.e.f. 1-2-1977).
2. Ins. by s. 47, ibid. (w.e.f. 1-2-1977).
3. The words “with the previous sanction of the G.G, in C.” omitted by Act 38 of 1920, s. 2 and Sch. I, Pt. I
4. Ins. by Act 66 of 1956, s. 13 (w.e.f. 1-1-1957).
5. Subs. by Act 104 of 1976, s. 48, for “varied or reversed, the Court of first instance” (w.e.f. 1-2-1977).
6. Subs. by s. 48, ibid., for “such part thereof as has been varied or reversed” (w.e.f. 1-2-1977).
7. Subs. by s. 48, ibid., for “consequential on such variation or reversal” (w.e.f. 1-2-1977).


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