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Civil Procedure Code

Civil Procedure Code Preface
Preliminary

Art. 1. Scope of application
Art. 2. Periods of time
Art.3. Interpretation

BOOK 1
Jurisdiction Of Courts
CHAPTER 1. GENERAL PROVISIONS
Art. 4. Courts to tray suits unless barred
Art. 5. Res judicata
Art. 6. Review of judgements
Art. 7. Priority
Art. 8. Pendency
Art. 9. Want of material jurisdiction
Art. 10. Want of local jurisdiction
Art. 11. Consolidation of suits

CHAPTER 2
Material Jurisdiction
Art. 12. Principle
Art. 13. Jurisdiction of Wordea Guezat Courts
Art. 14. Jurisdiction of Awradja Guezat Courts
Art. 15. Jurisdiction of High Court
Art. 16. Pecuniary jurisdiction
Art. 17. Plurality of claims
Art. 18. Claim which can not be expressed in money

CHAPTER 3
Local Jurisdiction
Art. 19. Principle
Art. 20. Defendant residing abroad
Art. 21. Suits against the State
Art. 22. Suit against body corporate
Art. 23. Suits regarding successions
Art. 24. Suits regarding contracts
Art. 25. Suits regarding immovable property
Art. 26. Immovable situate within jurisdiction of different courts
Art. 27. Suits regarding wrong to persons or movables
Art. 28. Suits regarding bankruptcy
Art. 29. Several causes of action
Art. 30. Accessory claim and counter-claim
Art. 31. Change of venue

BOOK II
Parties To Suits
Art. 32. Scope of application

CHAPTER 1. GENERAL PROVISIONS
Art. 33. Qualifications
Art. 34. Representation
Art. 35. Joinder of plaintiffs
Art. 36. joinder of defendants
Art. 37. Judgement for or against one or more parties
Art. 38. Representative party
Art. 39. Misjoinder and nonjoinder
Art. 40. Substitution or addition of parties
Art. 41. Intervention of third party
Art. 42. Intervention of public prosecutor
Art. 43. Joinder to third party
Art. 44. Suing partners in name of firm
Art. 45. Disclosure of partner’s name
Art. 46. Disclosure of partner’s names
Art. 47. Suits between co-partners

CHAPTER 2
Death-And Insolvency Of Parties
Art. 48. Party’s death if right to sue survives
Art. 49. Death of one of several plaintiffs or of sole plaintiff
Art. 50. Death of one of several defendants or of sole defendant
Art. 51. Right of suit on death of partner
Art. 52. Question as to legal representative
Art. 53. Death after hearing
Art. 54. Plaintiff’s insolvency
Art. 55. Effect of abatement or dismissal
Art. 56. Assignment before final order in suit

CHAPTER 3
Agents And Pleaders
Art. 57. Principle
Art. 58. Agents in general
Art. 59. Persons authorized to act for Government
Art. 60. Procedure in suits against public servant
Art. 61. Agent of member of Armed Forces
Art. 62. Agent of prisoner
Art. 63. Appointment of pleader
Art.64. Agent to accept service

CHAPTER 4
Appearance Of Parties And Failure To Appear
Art. 65 Appearance need not be in person
Art. 66. Appearances of one of several plaintiffs or defendants
Art. 67. Appearance of partners
Art. 68. Power to require appearance of certain persons
Art. 69. Parties to appear at hearing
Art. 70. Defendant failing to appear
Art. 71. Effect of striking out
Art. 72. Subsequent appearance
Art. 73. Plaintiff failing to appear
Art. 74. Effect of dismissal
Art. 75. Several parties failing to appear
Art. 77. Party failing to appear in person
Art. 78. Setting aside decree ex-part against defendant

BOOK III

General Provisions Regarding Civil Suits

Art. 79. Scope of application

CHAPTER 1. PLEADINGS
Art. 80. Contents of pleading
Art. 81. Condition precedent
Art. 82. New fact
Art. 83. Denial to be specific
Art. 85. Effect of document to be stated
Art. 86. Condition of mind
Art. 87. Notice
Art. 88. Implied contract or relation
Art. 89. Legal presumptions
Art. 90. Departure
Art. 91. Amendment of pleading
Art. 92. Verification of pleading
Art. 93. Pleading to be signed
Art. 94. Issue of summons
Art. 95. Mode of service
Art. 96. Service on agent or pleader
Art. 97. Service on body corporate
Art. 89. Service on partners
Art. 99. Service on agent by whom defendant carries on business
Art. 100. Service on agent in charge in suits for immovable property
Art. 101. Service on member of defendant’s family
Art. 102. Person served to sign acknowledgement
Art. 103. Defendant who can not be found
Art. 104. Endorsement of time and manner of service
Art. 105. Substituted service
Art. 106. Service of summons by post
Art. 107. Service where defendant resides within jurisdiction of other court
Art. 108. Service where defendant resides out of Ethiopia
Art. 109. Service on public servant or employee
Art. 110. Duty of person to whom summons is delivered or sent for service

PARAGRAPH 2. SUMMONING AND ATTENDANCE OF WITNESSES

Art. 111. Issue of summons
Art. 112. Expenses of witness
Art. 113. Additional payment
Art. 114. Particulars to be specified in summons
Art. 115. Summons to produce documents
Art. 117. Time for serving summons
Art. 118. Witness failing to comply with summons
Art. 119. Duty to give evidence or produce document
Art. 120. When witness may depart
Art. 121. Witness unable to give evidence or produce document

CHAPTER 3

Commissions

PARAGRAPH 1. GENERAL PROVISIONS

Art. 122. Principle
Art. 123. Expense of commission to be paid into court
Art. 124. Powers of commissioner
Art. 125. Attendance and examination of witnesses before commissioner
Art. 126. Parties to appear before commissioner.

PARAGRAPH
2. COMMISSION TO EXAMINE WITNESS
Art. 127. When commission may be issued
Art. 129. High Court may issue commission at instance of foreign court Art. 130. Action by High Court
Art. 131. Preceding Articles applicable

PARAGRAPH 3

COMMISSIONS TO TAKE OTHER ACTION IN RELATION TO EVIDENCE
Art. 132. Commissions to make local investigations
Art. 133. Procedure of commissioner
Art. 134. Commission to investigate accounts
Art. 135. Further investigation
Art. 136. Appointment of experts

CHAPTER 4

PRODUCTION, TO TAKE OTHER ACTION IN RELATION TO EVIDENCE.

CHAPTER 4

Production Impounding And Return Of Documents

Art. 137. Documentary evidence when to be produced
Art. 138. Rejection of irrelevant or inadmissible documents
Art. 139. Endorsements on documents
Art. 140. Endorsements on copies
Art. 141. Endorsements on documents rejected
Art. 142. Recording of admitted and return of rejected documents
Art. 143. Court may order any document to be impounded
Art. 144. Return of admitted documents
Art. 145. Court may send for records
Art. 146. Provisions as to documents apply to material objects

CHAPTER
Provisional Remedies

PARAGRAPH 1 ARREST BEFORE JUDGEMENT

Art. 147. Security for appearance
Art. 148. Amount of security
Art. 149. Application by surety to be discharged
Art. 150. Refusal to furnish security

PARAGRAPH 2. ATTACHMENT BEFORE JUDGEMENT

Art. 151. Security for production of property
Art. 152. Attachment of property
Art. 153. Making and effects of attachment

PARAGRAPH 3. TEMPORARY INJUNCTIONS

Art. 154. When temporary injunction may be granted
Art. 155. Injunction to restrain repetition or continuance of breach
Art. 156. Failure to comply with injunction
Art. 157. Notice to opposite party
Art. 158. Order may be discharged, varied or set aside
Art. 159. Injunction to body corporate binding on its officer

PARAGRAPH 4. INTERLOCUTORY ORDERS

Art. 160. Interim sale
Art. 161. Detention, preservation, and inspection
Art. 162. Notice to opposite part
Art. 163. Suspension of sale
Art. 164. Deposit in court
Art. 165. Other orders

PARAGRAPH 5. APPOINTMENT OF RECEIVERS

Art. 166. When receiver may be appointed
Art. 167. Remuneration
Art. 168. Duties
Art. 169. Enforcement of receiver’s duties

PARAGRAPH 6. AFFIXING OF SEALS AND MAKING OF INVENTORIES

Art. 170. Principle
Art. 171. Application for affixing of seals
Art. 172. Record
Art. 173. No. seals to be affixed on certain property
Art. 174. Wills and other documents
Art. 175. Removal of seals
Art. 176. Making of inventory
Art. 177. Application for habeas corpus
Art. 178. Summons to appear
Art. 179. Hearing of and decision on application

CHAPTER 6
Judgments And Decrees

PARAGRAPH 1. GENERAL PROVISIONS

Art. 180. Judgement when pronounced
Art. 181. Form and pronouncement of judgement
Art. 182. Contents of judgement 61
Art. 183. Framing and contents of decree
Art. 184. Copies of judgement and decree

PARAGRAPH 2. DIRECTIONS TO BE GIVEN IN CERTAIN DECREES

Art. 185. Decree for delivery of movable property
Art. 186. Decree may direct payment by instalments
Art. 187. Decree for possession and means of profits
Art. 188. Taking of accounts
Art. 189. Decree in suit for dissolution of partnership
Art. 190. Decree when set-off is allowed
Art. 191. Decree when set-off is allowed

CHAPTER 7

Miscellaneous Provisions

PARAGRAPH 1. TIME-LIMITS AND ADJOURNMENTS

Art. 192. Fixing and calculation of time-limit
Art. 193. Observance of time-limit
Art. 194. Extension of time-limit
Art. 195. Lateness
Art. 196. Fresh time-limit
Art. 197. Court may grant time and adjourn hearing
Art. 198. Effect of adjournment 66
Art. 199. Purpose of adjournment not carried out

PARAGRAPH 2. SECURITY FOR COSTS

Art. 200. When security for costs may be required from plaintiff
Art. 201. Effect of failure to furnish security
Art. 202. When security for costs may be required from appellant

PARAGRAPH 3. AFFIDAVITS

Art. 203. Power to order any point to be proved by affidavit
Art. 204. Attendance of deponent
Art. 205. Matters to which affidavits shall be confined
Art. 206. Oath by whom administered

PARAGRAPH 4. EFFECT OF NON-COMPLIANCE

Art. 207. Principle
Art. 208. Correction of mistakes
Art. 209. Application to set aside irregular proceedings
Art. 210. Decision on application
Art. 211. Appeal
Art. 212. Validation of proceedings

BOOK IV

Ordinary Proceedings In First Instance

CHAPTER 1. INSTITUTION AND FRAME OF SUIT

PARAGRAPH 1. GENERAL PROVISIONS

Art. 213. Suit to be instituted by statement of claim
Art.214. Register of suits
Art. 215. Court fees
Art. 216. Frame of suit
Art. 217. Joinder of causes of action
Art. 218. Claims joined for recovery of immovable
Art. 219. Claims by or against executor, administrator or heir
Art. 220. Objections as to misjoinder
Art. 221. Separate trials

PARAGRAPH 2. STATEMENT OF CLAIM AND OF DEFENCE

Art.222. Contents of statement of claim
Art. 223. Annexes
Art. 224. Relief to be stated
Art. 225. Identification of subject-matter
Art. 226. Particulars as to amount of claim
Art. 227. Claim relating to periodical dues
Art. 228. Establishment, enforcement or termination of right
Art. 229. Rejection of statement of claim by registrar
Art. 230. Admission of statement of claim by registrar
Art. 231. Rejection of statement of claim by court
Art. 232. Effect if rejection
Art. 233. Service of statement of claim
Art. 234. Contents of statement of defence
Art. 235. Evasive denial
Art. 236. Particulars of set-off
Art. 237. Defence or set-off founded upon separate grounds
Art. 238. Examination of statement of defence
Art. 239. Further pleadings
Art. 240. Notice to admit document

CHAPTER 2

Trial Of Suit

PARAGRAPH 1. PROCEDURE AT FIRST HEARING

Art. 241. Examination of parties
Art. 242. Judgement on admissions
Art. 243. Saving
Art. 244. Preliminary objection
Art. 245. Decision on objection
Art. 247. Issues defined
Art. 246 Framing of issue
Art. 247. Issues defined
Art. 248. Materials from which issues may be framed
Art. 249. Court may examine witnesses or documents before framing issues
Art. 250. Dispute as to amount of claim
Art. 251. Power to amend and strike out issues
Art. 252. Questions of fact or la may be stated in form of issues
Art. 253. Judgement on agreement executed in good faith
Art. 254. Parties at issue
Art. 255. Parties at issue
Art. 256. Failure to produce evidence

PARAGRAPH 2. HEARING OF SUIT AND EXAMINATION OF WITNESSES

Art. 257. Summonses
Art. 258. Opening of hearing
Art. 259. Statement and production of evidence
Art. 260. Evidence where several issues
Art. 260. Evidence where several issues
Art. 261. Manner of giving evidence
Art. 262. When deposition to be interpreted
Art. 263. Form of questions
Art. 264. Court may examine other persons
Art. 265. Power to examine witness immediately
Art. 266. Court may recall and examine witness
Art. 267. Refusal of party to give evidence
Art. 268. Rules as to witnesses to apply to parties summoned
Art. 269. Recording of evidence
Art. 270. Recording of objections
Art. 271. Evidence recorded by another court
Art. 272. Power of court to inspect
Art. 273. Judgement

CHAPTER 3
Discontinuance Of Suits

PARAGRAPH 1. COMPROMISE AND WITHDRAWAL
Art. 274. Principle
Art. 275. Making of compromise agreement
Art. 276. Contents of compromise agreement
Art. 277. Recording of compromise agreement
Art. 278. Withdrawal or abandonment with leave
Art. 279. Withdrawal or abandonment without leave
Art. 280. Extinction of cause of action

BOOK IV

Special- Procedures

CHAPTER 1. SUMMARY PROCEDURE

Art. 284. Special endorsement on statement claim
Art. 285. Judgement in default of application for leave to defend
Art. 286. Application, for leave to defend
Art. 287. Judgement upon refusal to give leave
Art. 288. Judgement for part of claim
Art. 289. Judgement against one of several defendants
Art. 290. Leave to defend may be conditional
Art. 291. Orders for further conduct of suit
Art. 292. Setting aside judgement

CHAPTER 2

Interpleader

Art. 293. Definition
Art. 294. Statement of claim in interpleader suit
Art. 295. Payment of thing claimed into court
Art. 296. Defendant suing plaintiff
Art. 297. Procedure at first hearing
Art. 298. Agents and tenants may not institute interpleader-suits
Art. 299. Deposit in registry

CHAPTER 3

Accelerated Procedure

PARAGRAPH 1. GENERAL PROVISIONS
Art. 300. Scope of application
Art. 301. Institution of proceedings
Art. 302. Dismissal of application
Art. 303. Decision on application
Art. 304. Consequential orders
Art. 305. Issue of certificate
Art. 306. Appeal

PARAGRAPH 2. SPECIAL CASES

Art. 307. Calling of meetings
Art. 308. Appointments
Art. 309. Setting aside of resolution
Art. 310. Application for expulsion, dismissal or removal
Art. 311. Dissolution of partnership or body corporate
Art. 312. Amalgamations of endowments
Art. 313. Opposition to marriage
Art. 314. Applications to set aside refusal

CHAPTER 4

Arbitration
Art. 315. Principle
Art. 316. Appointment or arbitrator by court
Art. 317. Procedure before arbitration tribunal
Art. 318. Making of award
Art. 319. Appeal and execution

BOOK V

Appeal Opposition And Revision

CHAPTER 1. APPEAL FROM JUDGEMENT

PARAGRAPH 1. GENERAL PROVISIONS

Art. 320. When appeal lies
Art. 321. Courts having appellate jurisdiction
Art. 322. His Imperial Majesty’s Chilot
Art. 323. Form and time of appeal
Art. 324. Appeal filed out of time
Art. 325. Application for leave to appeal out of time
Art. 326. Decision on application
Art. 327. Contents of memorandum of appeal
Art. 328. Grounds of appeal
Art. 329. New facts and argument
Art. 330. Rejection or amendment of memorandum
Art. 331. Several plaintiffs or defendants

PARAGRAPH 2. STAY OF PROCEEDINGS AND OF EXECUTION

Art. 332. Stay by Appellate Court
Art. 333. Stay by court which passed the decree
Art. 334. Stay by President
Art. 335. Conditions for ordering stay
Art. 336. Security in case of order for execution

PARAGRAPH 3. ADMISSION AND HEARING OF APPEAL

Art. 337. Power to dismiss appeal without calling on respondent
Art. 338. Day for hearing appeal
Art. 339. Appellant to being
Art. 340. Cross-objection
Art. 341. Remand of case by Appellate Court
Art. 342. Judgment on record
Art. 343. Appellate Court may frame issues and refer them for trial
Art. 344. Objections to finding
Art. 345. Additional evidence
Art. 346. Mode of taking additional evidence
Art. 347. Giving of judgment
Art. 348. Power of court of appeal
Art. 349. Application for restitution
CHAPTER 2
Appeal From And Setting Aside Of Arbitral Award

Art. 350. Parties and procedure
Art. 351. Grounds of appeal
Art. 352. Court to which appeal lies
Art. 353. Power of Appellate Court
Art. 354. Remission for reconsideration
Art. 355. Setting aside of ward
Art. 356. Grounds for application
Art. 357. Decision on application

CHAPTER 3

Opposition

Art. 358. Who may file opposition
Art. 359. Form of opposition
Art. 360. Effect of opposition

CHAPTER 4

Revision

Art. 361. Petition for revision
Art. 362. Security for costs
Art. 363. Granting of petition
Art. 364. Notice
Art. 365. Further orders regarding security
Art. 366. Failure to comply with order
Art. 367. Orders pending hearing of petition
Art. 368. Increase of security
Art. 369. Operation of decree or order
Art. 370. Execution

BOOK VI

Execution Of Decrees

CHAPTER 1. EXECUTION OF DECREES PASSED IN ETHIOPIA

PARAGRAPH 1. COURTS EXECUTING DECREES
Art. 371. Principle
Art. 372. Transfer of decree
Art. 373. Procedure in case of transfer
Art. 374. Power of court to which decree is transferred
Art. 375. Questions to be determined by court executing decree.

PARAGRAPH 2. APPLICATION AND PROCESS FOR EXECUTION

Art. 376. Stay of execution
Art. 377. Stay of execution pending suits against decree-holder
Art. 378. Making and contents of application
Art. 379. Particulars in application for attachment
Art. 380. Application for execution by joint decree-holder
Art. 381. Application for execution by transferee of decree
Art. 382. Enforcement of liability of surety
Art. 383. Application for execution against legal representative
Art. 384. Execution when barred
Art. 385. Procedure on receiving application for execution
Art. 386. Examination of judgement-debtor
Art. 387. When warrant of arrest may be issued
Art. 388. Particulars in warrant of arrest
Art. 389. When detention may be ordered
Art. 390. Release form detention
Art. 391. Effect of detention or release
Art. 392. Process for execution
Art. 393. Endorsement of process

PARAGRAPH 3. MODES OF EXECUTION
SUB-PARAGRAPH 1. GENERAL PROVISION

Art. 394. Decree for payment of money
Art. 395. Modes of paying money
Art. 396. Payment out of court to decree-holder
Art. 397. Execution in case of cross-decrees
Art. 398. Execution in case of cross-claims under same decrees
Art. 399. Decree for specific movable property
Art. 400. Decree for specific performance or injunction
Art. 401. Decree for execution of document, or endorsement of negotiable instrument
Art. 402. Decree for immovable property
Art. 403. Distribution of assets

PARAGRAPH 2. ATTACHMENT OF PROPERTY

Art. 404. Property not liable to attachment
Art. 405. Attachment where amount due not determined
Art. 406. Attachment of movable property other than agricultural produce
Art. 407. Attachment of agricultural produce
Art. 408. Provisions as to agricultural produce under attachment
Art. 409. Attachment of property not in possession of judgement-debtor
Art. 410. Attachment of share in movables
Art. 411. Attachment of salary
Art. 412. Attachment of negotiable instruments
Art. 413. Attachment of property in custody of court or public officer
Art. 414. Attachment of immovable property
Art. 415. Removal of attachment after satisfaction of decree
Art. 416. Order for payment of coin or currency notes to party entitled under decree
Art. 417. Determination of attachment

SUB-PARAGRAPH 3. INVESTIGATION OF CLAIMS AND OBJECTION

Art. 418. Investigation of claims to attached property
Art. 419. Decision on claim or objection
Art. 420. Continuance of attachment subject to claim of encumbrance
Art. 421. Suits to establish right to attached property

SUB-PARAGRAPH 4. SALE GENERALLY

Art. 422. Order for sale of property attached
Art. 423. Proclamation of sales by public auction
Art. 424. Application for sale
Art. 425. Mode of making proclamations
Art. 426. Time of sale
Art. 427. Stoppage of sale
Art. 428. Second auction
Art. 429. Defaulting purchaser answerable for loss on re-sale
Art. 430. Decree-holder not to bide or buy property without permission
Art. 431. Restriction on bidding or purchase by officers

SUB-PARAGRAPH 5. SALE OF MOVABLE PROPERTY

Art. 432. Sale of agricultural produce
Art. 433. Special provisions relating to growing crops
Art. 434. Negotiable instruments and shares in corporations
Art. 435. Irregularity not to vitiate sale
Art. 436. Delivery of movable property, debts and shares
Art. 437. Transfer of negotiable instruments and shares
Art. 438. Vesting order in case of other property

SUB-PARAGRAPH 6. SALE OF IMMOVABLE PROPERTY

Art. 439. Postponement of sale to enable judgement-debtor to raise amount of decree
Art. 440. Deposit by purchaser and re-sale on default
Art. 441. Time for payment in full of purchase money
Art. 443. Bid of co-sharer to have reference
Art. 444. Application to set aside sale
Art. 445. Application to set aside sale on ground of irregularity or fraud
Art. 446. Application to set aside sale where no saleable interest
Art. 447. Sale when to become absolute or be set aside
Art. 448. Delivery of property in occupancy of judgement-debtor
Art. 449. Delivery of property in occupancy of tenant

PARAGRAPH 4. RESISTANCE TO DELIVERY OF POSSESSION

Art. 450. Resistance or obstruction to possession of immovable property
Art. 451. Resistance or obstruction by judgement-debtor
Art. 452. Resistance or obstruction by bona-fide claimant
Art.453. Dispossession by decree- holder or purchaser
Art. 454. Provisions not applicable to transferee lite pendente
Art. 455. Orders conclusive subject to regular suit

CHAPTER 2

Execution Of Foreign Judgments

Art. 456. Principle
Art. 457. Form of application
Art. 458. Conditions for allowing application
Art. 459. Procedure
Art. 460. Decision
Art. 461. Enforcement of foreign awards

BOOK VII

Costs

CHAPTER 1. GENERAL PROVISIONS

Art. 462. Power of court
Art. 463. Bill of costs
Art. 464. Taxation of bill
Art. 465. Compensatory costs
Art. 466. Appeal

CHAPTER 2

Suits By Paupers

Art. 467. Suits may be instituted in forma pauperis
Art. 468. Contents of application
Art. 469. Examination of applicant
Art. 470. Refection of application
Art. 471. Evidence of pauperism
Art. 472. Procedure at hearing
Art. 473. Procedure when application granted
Art. 474. Validity of certificate
Art. 475. Dispaupering
Art. 476. Costs where pauper succeeds
Art. 477. Bar of subsequent applications
Art. 478. Pauper becoming possessed of means
Art. 479. Costs

BOOK VII

Final Provisions

Art. 480. Disciplinary powers
Art. 481. Summary punishment of certain offences
Art. 482. Regulations
Art. 483. Power of Minister to make Rules