Federal Decree-Law No. (42) of 2022 — Civil Procedure Code

343 अनुच्छेद

1. अनुच्छेद 1

   The accompanying law shall apply to civil procedures before the courts in the State.

2. अनुच्छेद 2

   repealed. Any provision contained in any other legislation that contradicts or is in conflict with the provisions of the Civil Procedure Code attached to this Decree-Law is hereby repealed, with the exception of the authority of the competent Authority in the Emirate that has not transferred its local judiciary to the Federal judiciary, to form special courts or judicial committees to consider and decide on any lawsuit or specific rights-related issue in accordance with its law.

3. अनुच्छेद 3

   1. The courts shall refer, without fees and of their own volition, the cases brought thereto that have already fallen within the jurisdiction of other courts pursuant to the provisions of the Civil Procedure Code attached to this Decree-Law, in their existing stage of proceedings. In the event of the absence of one of the litigants, the case management office shall serve on him the referral order and instruct him to appear on the set date before the court to which the case is referred.

   2. The provisions of the preceding paragraph shall not apply to the disputes and lawsuits that have been adjudicated, or the lawsuits that have been postponed for the pronouncement of judgment, or the appeals filed prior to the effective date of the Civil Procedure Code attached to this Decree-Law and the judgments issued thereon shall remain subject to the rules regulating the appeal methods applicable on the date of their

   issuance.

4. अनुच्छेद 4

   The President of the Federal Judicial Council and the heads of the local judicial authorities, as the case may be, shall issue the necessary decisions to implement the provisions of the Civil Procedure Code attached to this Decree-Law.

5. अनुच्छेद 5

   This Decree-Law shall be published in the Official Gazette, and shall come into force as of January 2, 2023.

   Preliminary Part: General Provisions

6. अनुच्छेद 1

   1. The provisions of this Code shall apply to all legal proceedings that have yet to be adjudicated on, as well as all procedures that have yet to be implemented, prior to the date of entry into force of this Code, with the following exceptions:

   a. The jurisdiction-amending provisions where their date of entry into force falls beyond the close of pleadings into the legal proceeding before the Court of First Instance;

   b. The time limit-amending provisions where the underlying time limit has already commenced prior to their entry into force; and

   c. The provisions regulating the means of challenging judgments with regard to the judgments rendered prior to their date of entry into force, where such laws are either

   repealed or creating any of such means.

   2. Every procedure validly conducted under an applicable law shall remain valid and effective unless otherwise stipulated.

   3. The time limits regulating the inadmissibility or lapse of proceedings or other procedural time limits that are newly prescribed shall only commence on the date of entry into force of the law prescribing the same.

7. अनुच्छेद 2

   No application or plea shall be admitted insofar as the filing party thereof has no existing lawful interest in respect thereof. However, the potential interest shall be legally sufficient for the application or plea to be admitted if the purpose of the same is to take a precautionary measure to avoid an imminent damage or to safeguard a right which might be lost if it becomes a matter of dispute.

8. अनुच्छेद 3

   1. Legal proceeding for revocation of administrative decisions shall not be admitted after sixty [60] days from the date of publishing the underlying administrative decision, or the date of serving the same upon the interested party, or the date on which it is established that the interested party has become fully aware of the same.

   2. This time limit shall be interrupted when a grievance or objection is filed with the competent administrative authority based on the applicable procedures set out in the relevant legislation. In which case, the competent administrative authority shall decide on the grievance within sixty [60] days following its filing date. If the grievance is rejected, the

   rejection decision shall be reasoned. The lapse of sixty [60] days following the filing date of the grievance with no decision being made on the grievance by the competent administrative authority shall be construed as rejection of the grievance. The time limit for instituting the case shall commence on the date of explicit or implicit rejection, as the case may be.

9. अनुच्छेद 4

   1. Where this Code prescribes a mandatory time limit for taking any action that is conducted by service of process, the time limit shall only be observed if either the application is submitted or the service of process is conducted within such a time limit.

   2. Where this Code prescribes that a particular action be performed by way of filing, the filing procedures shall be performed within the time limit described in the Law.

10. अनुच्छेद 5

    1. Arabic shall be the official language of courts, and the Court shall hear the statements of the non-Arabic-speaking litigants, witnesses and others through an interpreter after the latter takes the oath according to the Law.

    2. Notwithstanding any provision set forth in any other law, the Chairman of the Federal Judicial Council or the Head of the Local judicial body, as the case may be, may decide that English be the language of trials, procedures, judgments and decisions in respect of certain tribunals that are assigned to hear the proceedings involving specialized matters, specific cases or particular proceedings. In which case, the statements of litigants, witnesses or lawyers, shall all be heard in English, and the statements, pleadings, applications and other documents shall also be submitted to such tribunals in English. In addition, the court shall

    hear the statements of non-English-speaking litigants, witnesses or other persons through an interpreter after the latter takes the oath according to the law, in the cases and according to the controls and conditions to be prescribed in the relevant decision.

11. अनुच्छेद 6

    1. The service of process shall be conducted upon the request of the litigant, or based on an order of the competent court or a decision of the Case Management Office, either by the process server or by the means prescribed by this Code.

    2. The competent court, the Case Management Office or the supervising judge, as the case may be, may authorize the Plaintiff or its Lawyer to serve the process by the means described in Article [9.1] of this Code.

    3. The service of process may be conducted by one or more private companies or firms according to the provisions of this Code, and the Chairman of the Federal Judicial Council or the Head of the Local judicial body, as the case may be, shall issue the rules regulating the service of process by private companies and firms according to the provisions of this Code. Anybody tasked with serving the process in this regard shall be deemed a process server.

    4. In all cases, the service of process may be conducted throughout the State without compliance with the rules of territorial jurisdiction.

12. अनुच्छेद 7

    1. Any service of process shall be conducted, or any Execution procedure shall be initiated by the process server or the Execution Bailiff, between seven in the morning [07:00 am] and nine in the afternoon [09:00 pm], and the same shall only be conducted on public holidays

    where there is a state of urgency based on the permission of the supervising judge, the chief justice of the competent court or the judge of urgent matters.

    2. Should the service of process be conducted by any modern means of communication, whether upon natural persons or legal persons, the time limits set forth in Clause [1] of this Article shall not apply, except for the recorded calls.

    3. For the government and public legal persons, the time of service or commencement of Execution in relation to their activities shall be their working hours, except for the service of process by any modern means of communication.

13. अनुच्छेद 8

    1. The process to be served shall include the following details:

    a. The Plaintiff's name, surname, occupation or profession, domicile, mobile phone number, fax number, email, or its elected domicile and place of residence, the legal representative's name, surname, occupation or profession, domicile and place of work if working for a third party;

    b. The name, surname, occupation or profession, domicile or elected domicile of the Defendant. If the latter has no known domicile at the time of serving the notice, the last known domicile and place of work of the same shall be included, along with its mobile phone number, fax number and email address, if any;

    c. The process server's name, occupation and employer, and his signature;

    d. The date of the day, month, year and hour of serving the notice;

    e. The name of the court, subject of the service of process, case number and the hearing date, if any; and

    f. The name, capacity, surname, seal or fingerprint of the person receiving the process

    as a proof of receipt, or the reasons for his / her refusal to receive the process.

    2. If the service of process is conducted by modern means of communication, the data described in the paragraphs [A], [B], [D] and [E] of Clause [1] of this Article shall be legally sufficient.

    3. If the Defendant's native language is not Arabic, the Claimant shall enclose with the process a certified translation thereof in English, unless there is prior agreement between the parties to provide the translation in any other language.

    4. The provision of Clause [3] of this Article shall apply to all civil and commercial proceedings, except for the labor proceedings initiated by the employee and workers, as well as personal status proceedings.

14. अनुच्छेद 9

    1. The Defendant shall be served by any of the following means:

    a. Audio or video recorded call, SMS to mobile phone, smart applications, email, fax, other modern means of communication or by any other means to be agreed upon by the parties from among the means of service described herein;

    b. By hand delivery to the Defendant at his / her place of residence or domicile, or to his / her attorney. If the process fails to be served due to any reason on the part of the Defendant, or if the latter refuses to receive the process, the same shall be construed as personal service upon the intended person. If the process server fails to find the Defendant at his / her place of residence or domicile, the process shall be served upon any person cohabitating with the intended person; i.e. his / her spouse, relative by blood or marriage or servant. If none of the above-mentioned persons is willing to

    receive the notice, or where there is no person upon whom the notice can be legally served, or the place of residence is closed, the process server shall either directly post the process visibly on the outer door of the intended recipient's place of residence, or post the same on the court's website;

    c. At the elected domicile of the Defendant; or

    d. At the place of work of the Defendant. If the Defendant is not available at his / her place of work, the process shall be delivered to his boss, any person in charge of the management of the Defendant, or his / her colleague, with the exception of the service of process relating to personal status proceedings, which shall be served upon the Defendant in person at his / her place of work.

    2. The process server shall verify the identity of the person served, by ensuring that his appearance indicates that he is at least eighteen [18] years of age, and that neither he nor his representative has an apparent interest that conflicts with that of the Defendant. If the process is served by the means of communications described in [1.A] of this Article, the process server shall ensure that the means of communication used is personally relating to the Defendant. If the notice is served by audio or video recorded calls, the process server shall draw up a report setting out the content, time and date of the call and the details of the call recipient. Such a report shall have the probative force as evidence and shall be enclosed with the case file.

    3. If the Defendant cannot be served as indicated in Clause [1] of this Article, the matter shall be referred to the Case Management Office, the competent judge or the chief justice of the court, as the case may be, in order to gather information from at least one relevant entity and then serve the notice upon the intended person either by posting on the court's website or by publication in both a widely-circulated electronic or paper daily

    newspaper that is published in the State in Arabic, and a foreign newspaper published in a foreign language, if necessary, where the Defendant intended to be served is a foreigner.

15. अनुच्छेद 10

    Unless otherwise provided for in any other legislative instrument, a copy of the process shall be served as follows:

    1. For the ministries, federal and local government bodies, public authorities and public institutions of all types, the process shall be served upon their legal representative;

    2. For the private legal persons, private societies, companies and organizations, private sole proprietorships and foreign companies that have a branch or representative office in the State, if the process is relating to the company's branch, it shall be served according to the provisions of Article [9.1] of this Code, and shall be delivered at their headquarters to their legal representative or any person acting on his behalf or any partner thereof, as the case may be. If neither the legal representative nor any person acting on his behalf is available, the process shall be delivered to any employee of their office. If the organization concerned has no headquarters or is closed, or if its manager or any of its employees refuses to receive the process, the same shall be served by positing on the court's website, by directly posting the process on the door without permission of the court, or by publication, as the case may be;

    4. For members of the armed forces or the police or the like, the process shall be served upon their competent department as instructed by the aforesaid bodies;

    4. For the persons in prison and detention, the process shall be delivered to their place of existence for service, and the delivery of the papers required to be served upon the

    intended person shall be established;

    5. For the seafarers or crew members of commercial vessels, the process shall be delivered to their captain for service. If the vessel has already set out from the port, the process shall be delivered to its shipping agent; and

    6. For the persons whose whereabouts are outside the State and could not be served by way of the means of communication, private companies or firms, or the way agreed upon by the parties, the process shall be submitted to the Ministry of Justice, in order to be referred to the Ministry of Foreign Affairs and International Cooperation, so as to be delivered to the diplomatic mission concerned in the State, unless the means of service is such a case is regulated by special agreements.

16. अनुच्छेद 11

    The service of process shall be deemed effective as follows:

    1. As of the date of service according to the provisions of Articles [9] and [10] of this Code, or the date on which the Defendant refuses to receive the same;

    2. Following the expiry of twenty-one [21] business days, starting from the date on which the diplomatic mission concerned in the State receives the Ministry of Foreign Affairs and International Cooperation's letter containing the process to be served;

    3. As of the date of receiving the fax or the sending date of the email message or text message to the mobile phone, the date of sending the process by means of communication, or the date of making the audio or video recorded message; or

    4. As of the date of posting the process on the court's website on the designated page. The posting shall remain valid for at least fifteen [9] days, and as of the date of completing the posting or publication according to the provisions of this Part.

17. अनुच्छेद 12

    If the law prescribes a time limit in days, months or years for appearance or for the occurrence of a particular procedure, neither the day of service nor the date of occurrence of the incident regarded by the law as giving rise to the relevant time limit shall be included in the time limit, and the same shall expire upon the lapse of the last day thereof. If the time limit is prescribed in hours, neither the hour of service nor the hour of occurrence of the incident regarded by the law as giving rise to the relevant time limit shall be included in the time limit, and the same shall expire upon the lapse of the last hour thereof. If the time limit is required to expire before a particular procedure takes place, the underlying procedure shall only occur after the lapse of the last day of the time limit. If the last day of the time limit falls on a public holiday, the time limit shall be automatically extended to the first following business day. The time limits specified in months or years shall be calculated in the Gregorian calendar, so that the month is thirty [30] days and the year is three hundred sixty-five [365] days, unless the law provides otherwise.

18. अनुच्छेद 13

    1. The procedure shall be invalid if such invalidity is explicitly provided for in the law, or if the underlying procedure involves any essential defect or shortcoming due to which the purpose of the procedure cannot be achieved.

    2. In all cases, the invalidity shall not be decided in spite of being provided for in the law, if the purpose of the underlying procedure is achieved.

19. अनुच्छेद 14

    Except for the cases where the invalidity is relating to the public order:

    1. Invalidity may only be invoked by the party in whose favor the same is established by the law.

    2. Invalidity may not be invoked by the party causing the same.

    3. Invalidity shall be extinguished if the party in whose favor such invalidity is established explicitly or implicitly waives the same.

20. अनुच्छेद 15

    The invalid procedure may be rectified even after being invoked, provided that such rectification takes place within the time limit prescribed by law for the underlying procedure to be performed. If there is no time limit prescribed by law in respect of the underlying procedure, the Court shall determine an appropriate time limit for rectifying the same. The procedure rectified shall only become effective as of its rectification date.

21. अनुच्छेद 16

    If the procedure is invalid but satisfies the elements of any other procedure, the latter shall be deemed valid as being the procedure whose elements are satisfied. If the procedure is partially invalid, only the invalid part thereof shall be invalid. Invalidity of the procedure shall not invalidate the procedures preceding, or subsequent to, it, if they are not dependent thereupon.

22. अनुच्छेद 17

    The transcript of court hearing shall be deemed an official deed in respect of its content, and shall be drawn up by a clerk who, together with the judge, shall sign the transcript in a paper or electronic format.; otherwise, the transcript shall be null and void.

23. अनुच्छेद 18

    The process server, clerks or other judicial assistants shall not get involved in any activity that falls within the scope of their jobs in respect of the legal proceedings relating to them or their spouses, blood relatives or in-laws up to the fourth degree; otherwise, such an activity shall be null and void.

    Title 1: Litigation before Courts - Part 1 Jurisdiction of Courts Chapter 1 Universal Jurisdiction of Courts

24. अनुच्छेद 19

    Except for actions in-rem relating to real property abroad, the Courts shall have the jurisdiction to hear and adjudicate on the legal proceedings instituted against national citizens as well as foreigners having a place of residence or domicile in the State.

25. अनुच्छेद 20

    The Courts shall have the jurisdiction over the foreigner who has no place of residence or domicile in the State in the following cases:

    1. If the foreigner has an elected domicile in the State;

    2. If the legal proceeding is relating to property in the State, inheritance share of a national citizen or an estate opened in the State;

    3. If the legal proceeding is relating to an obligation that is executed or performed, or required to be performed, in the State, a contract required to be attested in the State, an incident taking place in the State, or a bankruptcy process established by any Court of the State;

    4. If the legal proceeding is instituted by a wife who has a place of residence in the State against her husband who had a place of residence therein;

    5. If the legal proceeding is relating to the maintenance expenses of either parent, a wife, an interdicted person, a young child or his / her parentage, guardianship over the property or persons, in the event that the party claiming the maintenance expenses, the wife, the young child or the interdicted person has a place of residence in the State;

    6. If the legal proceeding is relating to personal status matters, and the Plaintiff is a UAE national or foreigner having a place of residence in the State, if the Defendant has no known address abroad, or where the national law is applicable to the legal proceeding; or

    7. If any of the Defendants has a place of residence or domicile in the State.

26. अनुच्छेद 21

    The Courts shall have the jurisdiction to adjudicate on the preliminary matters and interlocutory applications associated with the main case falling within their jurisdiction, as well as every motion or application relating to such a case where the proper administration of justice entails that the same be heard concurrently with the main case. They shall also have the jurisdiction to adjudicate on summary and precautionary measures to be enforced in the State, even if they have no jurisdiction over the main case.

27. अनुच्छेद 22

    If the Defendant fails to appear and the Court has no jurisdiction over the case according to the foregoing Articles, the Court shall, sua sponte, decide that it lacks the jurisdiction.

28. अनुच्छेद 23

    Any agreement that goes against the Articles of this Chapter shall be null and void.

    Chapter 2 Subject-Matter Jurisdiction of Courts

29. अनुच्छेद 24

    The Courts of First Instance have the jurisdictions to hear all claims, disputes and proceedings of first instance, except for those excluded under a special provision. Abu Dhabi Federal Court of First Instance shall have the exclusive jurisdictions to hear all proceedings to which ministries and federal entities are parties.

30. अनुच्छेद 25

    Notwithstanding the provisions of the text of the forgoing Article, each Emirate may form committees to be vested with the exclusive authority to hear the disputes in relation to lease agreements between the Landlord and the Tenant, and may regulate the procedures for implementing the decisions of such committees.

31. अनुच्छेद 26

    The Courts of Appeal shall have the jurisdiction to hear and adjudicate on the appeals filed therewith against the appealable judgments, decisions and orders rendered by the Courts of First Instance, as described in this Code.

32. अनुच्छेद 27

    1. A judge of the Court of First Instance shall be designated at the seat of the Court to render a judgment on a temporary basis without prejudice to the substance of the right involved on the urgent matters where the passage of time could affect them.

    2. The Trial Court shall have the jurisdiction to hear such issues if they are brought before it by way of subordination.

33. अनुच्छेद 28

    The courts of summary jurisdiction shall be exclusively authorized to impose receivership on any movable property, immovable property or a set of properties in respect of which there is a dispute or if the right connected therewith is not established, if the person having a beneficial interest of the property has reasonable reasons based on which there is concerns that the underlying property remains in the possession of its current possessor.

34. अनुच्छेद 29

    1. The First Instance Tribunals comprising a single judge shall hear the following cases:

    a. First instance cases, regardless of their value.

    b. Judgments rendered by the First Instance Tribunal shall be conclusive if the value of the case does not exceed [AED 50,000] fifty thousand dirhams.

    2. With the exception of administrative cases, summary proceedings and writs of debt, based on a decision of the Chairman of the Federal Judicial Council or the Head of the Local Judicial Body, as the case may be, one or more tribunals may be designated to adjudicate on the cases brought before it at s single hearing in which the decision is to be

    issued or to schedule a hearing for such a decision to be issued thereon in any of the following cases:

    a. Cases whose value does not exceed [AED 1,000,000] one million dirhams;

    b. Signature authentication cases of whatever value;

    3. The Case Management Office shall prepare the case and schedule the first hearing for the Tribunal referred to in Clause [2] of this Article not later than [15] fifteen days following the date of filing the statement of claims. Such a time limit may be extended only for one similar period based on a decision of the supervising judge. In the event that an expert witness is engaged, the first hearing shall be determined not later than [3] three business days from the date of receiving the expert report. Otherwise, all the rules, provisions, and procedures stipulated in this Code shall apply to the preparation of the case before such tribunals.

    4. With regard to the tribunals referred to in Clause [2] of this Article, the supervising judge shall have the powers set forth in Articles [45] and [74] of this Code.

35. अनुच्छेद 30

    1. Based on a decision of the Chairman of the Federal Judicial Council or the Head of the Local Judicial Body – within the areas of their respective competence - certain cases may be assigned to one or more tribunals of the Courts of First Instance or Appeal, as the case may be. The supervising judge shall, during the case preparation stage, engage one or more local or international expert witnesses to review or draw up expert reports to be submitted to such tribunals. In addition, the competent court may conduct discussion with the expert witnesses on the reports reviewed or drawn up by them, and may order

    that any deficiencies in their work be completed and any errors found be rectified.

    2. Judgments shall be rendered by the tribunals referred to in Clause [1] of this Article, based on the same procedures and controls prescribed by this Code.

36. अनुच्छेद 31

    1. The Chairman of the Federal Judicial Council or the Head of the Local Judicial Body, within the areas of their respective competence, shall issue regulatory decisions on the following matters:

    a. The controls for assignment of the cases to the tribunals referred to in Article [30] of this Code, including the type or nature of such cases;

    b. The controls for selection and appointment of specialized experts, the determination of their remuneration or fees and their assignment to the tribunals formed as stated in Article [30] of this Code; and

    c. The controls in relation to the mission of experts and the prohibitions they are required to avoid, and the regulation of their relationship with judges and litigants.

    2. The expert witnesses referred to in Article [30] of this Code shall be subject to the provisions prescribed in the legislation regulating the profession of expert witnesses before the judicial authorities.

37. अनुच्छेद 32

    1. Notwithstanding the provisions of Chapters 2 and 4 of Part 12 of Title 1 of this Code, and the provisions of the Mediation and Conciliation Law, the Federal Judicial Council or the Head of the Local Judicial Body may, as the case may be or based on the agreement of

    the parties, issue a decision to establish a tribunal to be formed by way of assignment or appointment in accordance with the legislation regulating each authority.

    2. The Tribunal shall have the jurisdiction to adjudicate on estate cases and all disputes relating to the determination of the inheritance shares, liquidation of the estate, or division and distribution of estate property among the heirs, as well as any civil, real property or commercial proceeding arising out of or emanating from the estate in relation to its ownership, liquidation, or any matter of its affairs between the heirs and third parties, in addition to the disputes that arise between the heirs, guardians and the like, and any interlocutory applications relating to the removal or introduction of an heir, wills, endowments, or the settlement between the heirs with respect to donations arising from or inseparably connected with the estate.

    3. The Tribunal may seek the assistance of the Case Management Office and the judge rapporteur described in this Code.

    4. The judgment rendered by the Tribunal described in Clause [1] of this Article may only be challenged by way of motions for reconsideration. Furthermore, the aforementioned judgment may be revoked in accordance with the cases, controls and procedures stipulated in this Code.

    Chapter 3 Territorial Jurisdiction of Courts

38. अनुच्छेद 33

    1. The court, within the territorial jurisdiction of which the Defendant's domicile is located, shall have the jurisdiction over the case, unless the law provides otherwise. If the Defendant has no domicile in the State, the court, within the territorial jurisdiction of

    which the Defendant's place of residence or workplace is located, shall have the jurisdiction.

    2. The legal proceeding may be filed with the court within the territorial jurisdiction of which the damage occurs, with regard to the claims for compensation due to damage to persons or property.

    3. For commercial matters, the jurisdiction shall be vested in the court within the territorial jurisdiction of which the Defendant's domicile is located, the Court within the territorial jurisdiction of which the agreement, in whole or in part, is executed or performed, or the court within the territorial jurisdiction of which the agreement is required to be performed.

    4. If there are several Defendants, the jurisdiction shall be vested in the court within the territorial jurisdiction of which the domicile of one Defendant is located.

    5. Notwithstanding the cases prescribed in Article [34] and Articles [36] through [41] of this Code, the parties may agree that a specific court have the jurisdiction to hear the dispute. In which case, the court so chosen shall have the jurisdiction.

39. अनुच्छेद 34

    1. Jurisdiction on actions in-rem involving real property and the legal proceedings for possession shall be vested in the court, within the territorial jurisdiction of which the property or any part thereof is located if the same is located within the circuits of several courts.

    2. The jurisdiction over personal real property cases shall be vested in the court within the territorial jurisdiction of which the property or the Defendant's domicile is located.

40. अनुच्छेद 35

    Jurisdiction over the cases relating to companies or associations existing or undergoing liquidation or private establishments, shall be vested in the court within the territorial jurisdiction of which the headquarters of the same is located. Legal proceedings may be filed with the court within the territorial jurisdiction of which the branch of the company, association or establishment is located in respect of the matters relating to such a branch.

41. अनुच्छेद 36

    The jurisdiction over estate-related proceedings filed before division by the creditor of the estate or by any heirs against other heirs shall be vested in the court within the territorial jurisdiction of which the permanent residence of the deceased is located or the within the territorial jurisdiction of which most of the estate property in the State is located.

42. अनुच्छेद 37

    1. Jurisdiction over bankruptcy-related cases shall be vested in the court within the territorial jurisdiction of which the business place of the bankrupt is located. If there are several business places of the bankrupt, the Court within the territorial jurisdiction of which the headquarters of the bankrupt is located shall have the jurisdiction.

    2. If the trader retires, the case shall be instituted before the court having the jurisdiction over the Defendant's domicile.

    3. Bankruptcy-based cases shall be filed with the court that establishes the bankruptcy.

43. अनुच्छेद 38

    Jurisdiction over the proceedings relating to supplies, contracting projects, property rents, wages of employees, craftsmen and daily workers shall be vested in the court within the territorial jurisdiction of which the Defendant's domicile is located, or the court within the territorial jurisdiction of which the agreement is executed or performed.

44. अनुच्छेद 39

    Jurisdiction over the proceedings relating to insurance claims shall be vested in the court within the territorial jurisdiction of which the beneficiary's domicile or the insured property is located.

45. अनुच्छेद 40

    1. For the cases involving a claim to take an interim or summary measure, the jurisdiction shall be vested in the competent court of first instance within the territorial jurisdiction of which the Defendant's domicile is located, or the court within the territorial jurisdiction of which the underlying measure is required to be performed.

    2. For summary proceedings relating to the enforcement of judgments and instruments, the jurisdiction shall be vested in the court within the territorial jurisdiction of which the enforcement is to take place.

46. अनुच्छेद 41

    The court that hears the main case shall have the jurisdiction to decide on the interlocutory applications. However, for the legal proceedings involving the claim for compensation, the Defendant may object to the court's jurisdiction if it is proven that the main case is only instituted with the intention of bringing the Defendant before a court other than the

    competent court.

47. अनुच्छेद 42

    If the Defendant has no domicile or place of residence in the State, and it is not possible to designate the competent court in accordance with the aforementioned provisions, the jurisdiction shall be vested in the court within the territorial jurisdiction of which the Plaintiff's domicile or place of residence is located. If the Plaintiff has neither a domicile nor a place of residence in the State, the jurisdiction shall be vested in the Federal Court in the capital.

48. अनुच्छेद 43

    For the obligations in respect of their performance an elected domicile has been chosen in advance, the jurisdiction shall be vested in the court within the territorial jurisdiction of which the Defendant's domicile or the elected domicile of performance is located.

    Part 2 The Institution, Registration and Determination of Value of Case Chapter 1 Institution and Registration of Case

49. अनुच्छेद 44

    1. The case shall be instituted before the Court at the request of the Plaintiff, through filing a statement of claims with the Case Management Office, or through filing the same in an electronic or paper format according to the applicable procedures of the court.

    2. The statement of claims shall include the following details:

    a. The Plaintiff's name, surname, ID number or a photocopy thereof, or any documents issued by government entities that prove his / her identity, profession, occupation, domicile, place of work, phone number, fax number or e-mail. If the Plaintiff has no

    domicile in the State, he / she shall name an elected domicile and his legal representative's name, surname, ID number, profession, occupation, domicile, place of work, fax number or e-mail.

    b. The Defendant's name, surname, ID number or a photocopy thereof, or any documents issued by government entities that prove his / her identity, profession, occupation, domicile, place of work, phone number, fax number or e-mail. If the Defendant or his representative has no domicile in the State, he shall name an elected domicile and his legal representative's name, surname, ID number, profession, occupation, domicile, place of work, fax number or e-mail;

    c. The court before which the case is instituted;

    d. The date of filing the statement of claims with the Case Management Office;

    e. The subject of the case, relief sought and relevant grounds; and

    f. The signature of the Plaintiff or his representative after verifying the identity of each.

50. अनुच्छेद 45

    1. An office, to be known as the "Case Management Office", shall be established at the seat of the competent court.

    2. The Case Management Office shall be made up of one head and a sufficient number of court employees, both legal and others, to be working under the supervision of the chief justice or one or more judges of the competent court.

    3. The Case Management Office shall be charged with the preparation and management of the case before being referred to the competent court, including its registration and service, exchange of submissions, documents and experts' reports between the litigants.

    4. The supervising judge may issue a decision dismissing the case due to the Plaintiff's failure to pay its fees or the difference in fees or expenses where such failure would preclude adjudication on the case. The supervising judge may also establish the discontinuance or waiver of proceedings. The said decisions shall be subject to the standard methods of challenge according to the general rules. The Supervising Judge may also appoint expert witnesses, refer the case to investigation, hear the witnesses, examine the litigants and refer them to mediation or conciliation, as the case may be. He may also impose the procedural penalties prescribed in this Code, meet with the parties to the pending case and propose conciliation and try to have the dispute between them amicably settled. For such purpose, he may order that the parties appear in person. If amicable conciliation is established, a decision shall be issued establishing such conciliation and the content of the agreement of the parties, and shall have the legal force of a writ of execution.

    5. If the legal proceeding is stayed by operation of law due to the death or incapacitation of either of the litigants, or due to the loss of legal capacity of the representative acting on behalf of either litigant before the case is referred, or where an application is filed for the impleader of any party against whom the case has not been instituted, the Case Management Office shall refer the underlying legal proceeding to the supervising judge to issue a decision amending the form of the case in such circumstances.

    6. If the pending legal proceeding before the Case Management Office includes a plea filed by either litigant, which would result in a stay of proceeding, or of the legal proceeding involves an appeal against a judgment that decided inadmissibility or lack of jurisdiction, or an appeal filed after the legally prescribed time limit, the Case Management Office shall submit the same to the supervising judge, who, in turn, shall, by a decision, refer the

    same, after being duly served, to the competent court that shall hold its hearing in chambers to decide on the matters referred thereto. The Court may schedule a hearing to consider the merits if necessary. In all cases, the Trial Court may not remand the case to the supervising judge or the Case Management Office whenever its jurisdiction over it is established.

    7. If the pending case before the Case Management Office includes a summary claim, the Case Management Office shall promptly present it to the supervising judge to decide on the summary claim, not later three [3] business days. Such a decision may be challenged in accordance with the provisions of this Code.

    8. The right to submit the pleas that are not relevant to the public order set forth in Article [86] of this Code shall lapse if the same is not presented by the party appearing before the Case Management Office.

    9. If a claim is submitted to the Case Management Office and satisfies the requirements for issuing the writ of debt prescribed in Articles [143] and [144] of this Code, such a claim shall be submitted to the supervising judge, who, in turn, shall refer the same to the judge having the jurisdiction to issue the writ of debt, in order to decide on the same within the time limit specified in Article [144.4] of this Code.