India Bare Acts

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INDIAN BARE ACTS

The Code Of Civil Procedure, 1908(Act No ! of 1908"

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of CivilJudicature; it is here! enacted as follows"#

PART SECTIONS TIT#E

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PRE#I$INAR%

$. Short title commencement and extent# >$? 0his Act ma! e cited as the Code of Civil &rocedure $,<%.

>9? (t shall come into force on the first da! of Januar! $,<,.

@9@>-? (t extends to the whole of (ndia except#

>a? the State of Jammu and Bashmir;

>? the State of *agaland and the trial areas "

&rovided that the State 1overnment concerned ma! ! notification in the 6fficial 1aette extend theprovisions of this Code or an! of them to the whole or part of the State of *agaland or such trial areas asthe case ma! e with such supplemental incidental or conseDuential modifications as ma! e specified inthe notification.

Explanation#(n this clause trial areas means the territories which immediatel! efore the 9$st da! ofJanuar! $,39 were included in the trial areas of Assam as referred to in paragraph 9< of the SixthSchedule to the Constitution.

>4? (n relation to the Amindivi (slands and the East 1odavari West 1odavari and 8isaFhapatnam Agenciesin the State of Andhra &radesh and the /nion territor! of 'aFshadweep the application of this Code shall ewithout preGudice to the application of an! rule or regulation for the time eing in force in such (slands

Agencies or such /nion territor! as the case ma! e relating to the application of this Code.

9. 7efinitions# (n this Act unless there is an!thing repugnant in the suGect or context#

>$? Code includes rules;

>9? decree means the formal expression of an adGudication which so far as regards the Court expressing itconclusivel! determines the rights of the parties with regard to all or an! of the matters in controvers! in the

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suit and ma! e either preliminar! or final. (t shall e deemed to include the reGection of a plaint and thedetermination of an! Duestion within @- section $44 ut shall not include#

>a? an! adGudication from which an appeal lies as an appeal from an order or

>? an! order of dismissal for default.

Explanation#A decree is preliminar! when further proceedings have to e taFen efore the suit can ecompletel! disposed of. (t is final when such adGudication completel! disposes of the suit it ma! e partl!

preliminar! and partl! final;

>-? decree#holder means an! person in whose favour a decree has een passed or an order capale ofexecution has een made;

>4? district means the local limits of the Gurisdiction of a principal Civil Court of original Gurisdiction>hereinafter called a 7istrict Court? and includes the local limits of the ordinar! original civil Gurisdiction of aHigh Court;

>? foreign Court means a Court situate outside (ndia and not estalished or continued ! the authorit! ofthe Central 1overnment;

>2? foreign Gudgment means the Gudgment of a foreign Court;

>3? 1overnment &leader includes an! officer appointed ! the State 1overnment to perform all or an! of

the functions expressl! imposed ! this Code on the 1overnment &leader and also an! pleader acting underthe directions of the 1overnment &leader;

>3A? High Court in relation to the Andaman and *icoar (slands means the High Court in Calcutta;

>3=? (ndia except in sections $ 9, 4- 44 44A 3% 3, %9 %- and %3A means the territor! of (ndiaexcluding the State of Jammu and Bashmir;

>%? Judge means the presiding officer of a Civil Court;

>,? Gudgment means the statement given ! the Gudge of the grounds of a decree or order;

>$<? Gudgment#detor means an! person against whom a decree has een passed or an order capale ofexecution has een made;

>$$? legal representative means a person who in law represents the estate of a deceased person andincludes an! person who intermeddles with the estate of the deceased and where a part! sues or is sued ina representative character the person on whom the estate devolves on the death of the part! so suing orsued;

>$9? means profits of propert! means those profits which the person in wrongful possession of suchpropert! actuall! received or might with ordinar! diligence have received therefrom together with interest onsuch profits ut shall not include profits due to improvements made ut the person in wrongful possession;

>$-? movale propert! includes growing crops;

>$4? order means the formal expression of an! decision of a Civil Court which is not a decree;

>$? pleader means an! person entitled to appear and plead for another in Court and includes anadvocate a vaFil and an attorne! of a High Court;

>$2? prescried means prescried ! rules "

>$3? pulic officer means a person falling under an! of the following descriptions namel!"#

>a? ever! Judge;

>? ever! memer of @4@an All#(ndia Service;

>c? ever! commissioned or gaetted officer in the militar! naval or air forces of the /nion while serving under the 1overnment.








>d? ever! officer of a Court of Justice whose dut! it is as such officer to investigate or report on an! matter of law or fact or to maFe authenticate or Feep an! document or to taFe charge or dispose of an! propert! orto execute an! Gudicial process or to administer an! oath or to interpret or to preserve order in the courtand ever! person especiall! authoried ! a Court of Justice to perform an! of such duties"

>e? ever! person who holds and office ! virtue of which he is empowered to place or Feep an! person inconfinement;

>f? ever! officer of the 1overnment whose dut! it is as such officer to prevent offences to give information ofoffences to ring offenders to Gustice or to protect the pulic health safet! or convenience;

>g? ever! officer whose dut! it is as such officer to taFe receive Feep or expend an! propert! on ehalf ofthe 1overnment or to maFe an! surve! assessment or contract on ehalf of the 1overnment or to executean! revenue process or to investigate or to report on an! matter affecting the pecuniar! interests of the1overnment or to maFe authenticate or Feep an! document relating to the pecuniar! interests of the1overnment or to prevent the infraction of an! law for the protection of the pecuniar! interests of the1overnment; and

>h? ever! officer in the service or pa! of the 1overnment or remunerated ! fees or commission for theperformance of an! pulic dut!;

>$%? rules means rules and forms contained in the :irst Schedule or made under section $99 or section$9;

>$,? share in a corporation shall e deemed to include stocF deenture stocF deentures or onds; and

>9<? signed save in the case of a Gudgment or decree includes stamped.

-. Suordination of Courts# :or the purposes of this Code the 7istrict Court is suordinate to the High Courtand ever! Civil Court of a grade inferior to that of a 7istrict Court and ever! Court of Small Causes issuordinate to the High Court and 7istrict Court.

4. Savings# >$? (n the asence of an! specific provision to the contrar! nothing in this Code shall e deemedto limit or otherwise affect an! special or local law now in force or an! special Gurisdiction or power conferredor an! special form of procedure prescried ! or under an! other law for the time in force.

>9? (n particular and without preGudice to the generalit! of the proposition contained in su#section >$? nothingin this Code shall e deemed to limit or otherwise affect an! remed! which a landholder or landlord ma! have

under an! law for the time eing in force for the recover! of rent of agricultural land from the produce of suchland.

. Application of the Code of Revenue Courts# >$? Where an! Revenue Courts are governed ! theprovisions of this Code in those matters of procedure upon which an! special enactment applicale to themis silent the State 1overnment ma! ! notification in the 6fficial 1aette declare that an! portions of thoseprovisions which are not expressl! made applicale ! this Code shall not appl! to those Courts or shall onl!appl! to them with such modifications as the State 1overnment ma! prescrie.

>9? Revenue Court in su#section >$? means a Court having Gurisdiction under an! local law to entertainsuits or other proceedings relating to the rent revenue or profits of land used for agricultural purposes utdoes not include a Civil Court having original Gurisdiction under this Code to tr! such suits or proceedings aseing suits or proceedings of a civil nature.

2. &ecuniar! Gurisdiction# Save in so far as is otherwise expressl! provided nothing herein contained shalloperate to give an! Court Gurisdiction over suits the amount or value of the suGect#matter of which exceedsthe pecuniar! limits >if an!? of its ordinar! Gurisdiction.

3. &rovincial Small Cause Courts# 0he following provisions shall not extend to Courts constituted under the&rovincial Small Cause Courts Act $%%3 >, of $%%3? or under the =erar Small Cause Courts 'aws $,< orto Courts exercising the Gurisdiction of a Court of Small Causes under the said Act or 'aw or to Courts in an!part of (ndia to which the said Act does not extend exercising a corresponding Gurisdiction that is to sa!#

>a? so much of the od! of the Code as relates to#

>i? suits excepted from the cogniance of a Court of Small Causes;



>ii? the execution of decrees in such suits;

>iii? the execution of decrees against immovale propert! ; and

>? the following sections that is to sa!#

section ,

sections ,$ and ,9

sections ,4 and , so far as the! authorie or relate to#

>i? orders for the attachment of immovale propert!;

>ii? inGunctions

>iii? the appointment of a receiver of immovale propert! or

>iv? the interlocutor! orders referred to in clause >e? of section ,4 and sections ,2 to $$9 and $$.

%. &residenc! Small Cause Courts# Save as provided in sections 94 -% to 4$ 3 clauses >a? >? and >c? 32@@33 $3 and $% and ! the &residenc! Small Cause Courts Act $%%9 >$ of $%%9? the provisions in theod! of this Code shall not extend to an! suit or proceedings in an! Court of Small Causes estalished in thetowns of Calcutta )adras and =oma! "

&rovided that #

>$? the High Courts of Judicature at :ort William )adras and =oma! as the case ma! e ma! from time totime ! notifications in the 6fficial 1aette direct that an! such provisions not inconsistent with the expressprovisions of the &residenc! Small Cause Courts Act $%%9 >$ of $%%9? and with such modifications andadaptation as ma! e specified in the notification shall extend to suits or proceedings or an! class of suits or proceedings in such Court"

>9? all rules heretofore made ! an! of the said High Courts under section , of the &residenc! Small CauseCourts Act $%%9 > $ of $%%9? shall e deemed to have een validl! made.

S0A0E A)E*7)E*0S

1uGarat# After the words Calcutta )adras and =oma! the words and in the Cit! of Ahmedaad shall einserted.

@1uGarat Act *o. 5(5 of $,2$.

PART I&S'ITS IN ENERA#

Jurisdiction of the Courts and Res judicata

9. Courts to try all civil suits unless barred— The Courts shall (subject to the provisions herein contained) have

jurisdiction to try all suits of a civil nature excepting suits of hich their cogni!ance is either expressly or i"pliedly

barred.

#$% #&xplanation '%.— suit in hich the right to property or to an office is contested is a suit of a civil nature

notithstanding that such right "ay depend entirely on the decision of *uestions as to religious rites or cere"onies.

#+% #&xplanation ''%. ,or the purposes of this section it is i""aterial hether or not any fees are attached to the office

referred to in &xplanation ' or hether or not such office is attached to a particular place.%.

-TT& &/0&/T-

aharashtra— fter section 9 insert the folloing section 9.

19. 2here at the hearing of application relating to interi" relief in a suit objection to jurisdiction is ta3en such issue to

be decided by the court as a preli"inary issue4— (5) /otithstanding anything contained in this code or any other la

for the ti"e being in force if at the hearing of any application for granting or setting aside an order granting any interi"

relief hether by ay of stay injunction appoint"ent of a receiver or otherise "ade in any suit on objection to jurisdiction of the court to entertain such suit is ta3en by any of the parties to the suit the court shall proceed to

deter"ine at the hearing of such application the issue as to the jurisdiction as a preli"inary issue before granting for











setting aside the order granting the interi" relief. ny such application shall be heard and disposed of by the court as

expeditiously as possible and shall not in any case be adjourned to the hearing of the suit.

(6) /otithstanding anything contained in sub7section (5) at the hearing of any such application the court "ay grant

such interi" relief as it "ay consider necessary pending deter"ination by it of the preli"inary issue as to the

jurisdiction1.

#aharashtra ct /o. $8 of 59++%.

5. -tay of suit— /o Court shall proceed ith the trial of any suit in hich the "atter in issue is also directly andsubstantially in issue in a previously instituted suit beteen the sa"e parties or beteen parties under ho" they or

any of the" clai" litigating under the sa"e title here such suit is pending in the sa"e or any other Court in 'ndia

having jurisdiction to grant the relief clai"ed or in any Court beyond the li"its of 'ndia established or continued by the

Central :overn"ent and having li3e jurisdiction or before the -upre"e Court.

&xplanation—The pendency of a suit in a foreign Court does not preclude the Courts in 'ndia fro" trying a suit foundedon the sa"e cause of action.

55. Res judicata— /o Court shall try any suit or issue in hich the "atter directly and substantially in issue has been

directly and substantially in issue in a for"er suit beteen the sa"e parties or beteen parties under ho" they or any

of the" clai" litigating under the sa"e title in a Court co"petent to try such subse*uent suit or the suit in hich such

issue has been subse*uently raised and has been heard and finally decided by such Court.

&xplanation '.—The expression 1for"er suit1 shall denote a suit hich has been decided prior to the suit in *uestionhether or not it as instituted prior thereto.

&xplanation ''.—,or the purposes of this section the co"petence of a Court shall be deter"ined irrespective of any

provisions as to a right of appeal fro" the decision of such Court.

&xplanation '''.—The "atter above referred to "ust in the for"er suit have been alleged by one party and either denied

or ad"itted expressly or i"pliedly by the other.

&xplanation ';.—ny "atter hich "ight and ought to have been "ade ground of defence or attac3 in such for"er suit

shall be dee"ed to have been a "atter directly and substantially in issue in such suit.

&xplanation ;.—ny relief clai"ed in the plaint hich is not expressly granted by the decree shall for the purposes of this section be dee"ed to have been refused.

&xplanation ;'.—2here persons litigate bona fide in respect of public right or of a private right clai"ed in co""on for the"selves and others all persons interested in such right shall for the purposes of this section be dee"ed to clai"

under the persons so litigating.

#<% #&xplanation ;''.—The provisions of this section shall apply to a proceeding for the execution of a decree and

reference in this section to any suit issue or for"er suit shall be construed as references respectively to proceedings for the execution of the decree *uestion arising in such proceeding and a for"er proceeding for the execution of that

decree.

&xplanation ;'''.—n issue heard and finally decided by a Court of li"ited jurisdiction co"petent to decide such

issue shall operate as res judicata in as subse*uent suit notithstanding that such Court of li"ited jurisdiction as not

co"petent to try such subse*uent suit or the suit in hich such issue has been subse*uently raised.%

56. =ar to further suit.— 2here a plaintiff is precluded by rules fro" instituting a further suit in respect of any particular cause of action he shall not be entitled to institute a suit in respect of such cause of action in any Court to

hich this Code applies.

5>. 2hen foreign judg"ent not conclusive— foreign judg"ent shall be conclusive as to any "atter thereby directly

adjudicated upon beteen the sa"e parties or beteen parties under ho" they or any of the" clai" litigating under

the sa"e title except—

(a) here it has not been pronounced by a Court of co"petent jurisdiction?

(b) here it has not been given on the "erits of the case?

(c) here it appears on the face of the proceedings to be founded on an incorrect vie of international la or a refusal to

recognise the la of 'ndia in cases in hich such la is applicable?






(d) here the proceedings in hich the judg"ent as obtained are opposed to natural justice?

(e) here it has been obtained by fraud?

(f) here it sustains a clai" founded on a breach of any la in force in 'ndia.

5@. Aresu"ption as to foreign judg"ents.— The Court shall presu"e upon the production of any docu"ent purporting

to be a certified copy of a foreign judg"ent that such judg"ent as pronounced by a Court of co"petent jurisdiction

unless the contrary appears on the record? but such presu"ption "ay be displaced by proving ant of jurisdiction.

Alace of suing

58. Court in hich suits to be instituted— &very suit shall be instituted in the Court of the loest grade co"petent to try

it.

5$. -uits to be instituted here subject7"atter situate— -ubject to the pecuniary or other li"itations prescribed by anyla suits—

(a) for the recovery of i""ovable property ith or ithout rent or profits

(b) for the partition of i""ovable property

(c) for foreclosure sale or rede"ption in the case of a "ortgage of or charge upon i""ovable property

(d) for the deter"ination of any other right to or interest in i""ovable property

(e) for co"pensation for rong to i""ovable property

(f) for the recovery of "ovable property actually under distraint or attach"ent

shall be instituted in the Court ithin the local li"its of hose jurisdiction the property is situate4

Arovided that a suit to obtain relief respecting or co"pensation for rong to i""ovable property held by or on behalfof the defendant "ay here the relief sought can be entirely obtained through his personal obedience be instituted

either in the Court ithin the local li"its of hose jurisdiction the property is situate or in the Court ithin the local

li"its of hose jurisdiction the defendant actually and voluntarily resider or carries on business or personally or3s

for gain.

&xplanation.— 'n this section 1property1 "eans property situate in 'ndia.

5+. -uits for i""ovable property situate ithin jurisdiction of different Courts— 2here a suit is to obtain reliefrespecting or co"pensation for rong to i""ovable property situate ithin the jurisdiction of different Court the suit

"y be instituted in any Court ithin the local li"its of hose jurisdiction any portion of the property is situate 4

Arovided that in respect of the value of the subject "atter of the suit the entire clai" is cogni!able by such Court.

5<. Alace of institution of suit here local li"its of jurisdiction of Courts are uncertain— (5) 2here it is alleged to be

uncertain ithin the local li"its of the jurisdiction of hich of to or "ore Courts any i""ovable property is situate

any one of those Courts "ay if satisfied that there is ground for the alleged uncertainty record a state"ent to that effectand thereupon proceed to entertain and dispose of any suit relating to that property and its decree in the suit shall have

the sa"e effect as if the property ere situate ithin the local li"its of its jurisdiction 4

Arovided that the suit is one ith respect to hich the Court is co"petent as regards the nature and value of the suit to

exercise jurisdiction.

(6) 2here a state"ent has not been recorded under sub7section (5) and objection is ta3en before an ppellate or

Revisional Court that a decree or order in a suit relating to such property as "ade by a Court not having jurisdictionhere the property is situate the ppellate or Revisional Court shall not allo the objection unless in its opinion there

as at the ti"e of the institution of the suit no reasonable ground for uncertainty as to the Court having jurisdiction

ith respect thereto and there has been a conse*uent failure of justice.

59. -uits for co"pensation for rongs to person or "ovable— 2here a suit is for co"pensation for rong done to the

person or to "ovable property if the rong as done ithin the local li"its of the jurisdiction of one Court and thedefendant resides or carries on business or personally or3s for gain ithin the local li"its of the jurisdiction of

another Court the suit "ay be instituted at the option of the plaintiff in either of the said Courts.

'llustrations



(a) residing in 0elhi beats = in Calcutta. = "ay sue either in Calcutta or in 0elhi.

(b) residing in 0elhi publishes in Calcutta state"ents defa"atory of =. = "ay sue either in Calcutta or in 0elhi.

6. Bther suits to be instituted here defendants reside or cause of action arises— -ubject to the li"itations aforesaid

every suit shall be instituted in Court ithin the local li"its of hose jurisdiction—

(a) the defendant or each of the defendants here there are "ore than one at the ti"e of the co""ence"ent of the suit

actually and voluntarily resides or carries on business or personally or3s for gain? or

(b) any of the defendants here there are "ore than one at the ti"e of the co""ence"ent of the suit actually and

voluntarily resides or carries on business or personally or3s for gain provided that in such case either the leave of theCourt is given or the defendants ho do not reside or carry on business or personally or3 for gain as aforesaid

ac*uiesce in such institution? or

(c) the cause of action holly or in part arises.

#9% # %

#5% #&xplanation%.— corporation shall be dee"ed to carry on business at its sole or principal office in 'ndia or in

respect of any cause of action arising at any place here it has also a subordinate office at such place.

'llustrations

(a) is a trades"an in Calcutta = carries on business in 0elhi. = by his agent in Calcutta buys goods of andre*uests to deliver the" to the &ast 'ndian Railay Co"pany. delivers the goods accordingly in Calcutta. "aysue = for the price of the goods either in Calcutta here the cause of action has arisen or in 0elhi here = carries on

business.

(b) resides at -i"la = at Calcutta and C at 0elhi = and C being together at =enaras = and C "a3e a joint

pro"issory note payable on de"and and deliver it to . "ay sue = and C at =enaras here the cause of action arose.

De "ay also sue the" at Calcutta here = resides or at 0elhi here C resides? but in each of these cases if the non7resident defendant object the suit cannot proceed ithout the leave of the Court.

65. Bbjections to jurisdiction— #55%#(5)% /o objection as to the place of suing shall be alloed by any appellate or

Revisional Court unless such objection as ta3en in the Court of first instance at the earliest possible opportunity and in

all cases here issues or settled at or before such settle"ent and unless there has been a conse*uent failure of justice.

#56% #6) /o objection as to the co"petence of a Court ith reference to the pecuniary li"its of its jurisdiction shall be

alloed by any ppellate or Revisional Court unless such objection as ta3en in the Court of first instance at theearliest possible opportunity and in all cases here issues are settled at or before such settle"ent and unless there has

been a conse*uent failure of justice.

(>) /o objection as to the co"petence of the executing Court ith reference to the local li"its of its jurisdiction shall be

alloed by any ppellate or Revisional Court unless such objection as ta3en in the executing Court at the earliest

possible opportunity and unless there has been a conse*uent failure of justice.%

#5>%#65. =ar on suit to set aside decree on objection as to place of suing— /o suit shall lie challenging the validity ofa decree passed in a for"er suit beteen the sa"e parties or beteen the parties under ho" they or any of the"

clai" litigating under the sa"e title on any ground based on an objection as to the place of suing.

&xplanation.—The expression 1for"er suit1 "eans a suit hich has been decided prior to the decision in the suit in

hich the validity of the decree is *uestioned hether or not the previously decided suit as instituted prior to the suit

in hich the validity of such decree is *uestioned%.

66. Aoer to transfer suits hich "ay be instituted in "ore than one Court— 2here a suit "ay be instituted in any oneof to or "ore Courts and is instituted in one of such Courts any defendant after notice to the other parties "ay at the

earliest possible opportunity and in all cases here issues are settled at or before such settle"ent apply to have the suit

transferred to another Court and the Court to hich such application is "ade after considering the objections of the

other parties (if any) shall deter"ine in hich of the several Courts having jurisdiction the suit shall proceed.

6>. To hat Court application lies.— (5) 2here the several Courts having jurisdiction are subordinate to the sa"eppellate Court an application under section 66 shall be "ade to the ppellate Court.
















(6) 2here such Courts are subordinate to different ppellate Courts but to the sa"e Digh Court the application shall be

"ade to the said Digh Court.

(>) 2here such Courts are subordinate to different Digh Courts the application shall be "ade the Digh Court ithin the

local li"its of hose jurisdiction the Court in hich the suit is brought is situate.

6@. :eneral poer of transfer and ithdraal— (5) Bn the application of any of the parties and after notice to the

parties and after hearing such of the" as desired to be heard or of its on "otion ithout such notice the Digh Court

or the 0istrict Court "ay at any stage— (a) transfer any suit appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and

co"petent to try or dispose of the sa"e or

(b) ithdra any suit appeal or other proceeding pending in any Court subordinate to it and—

(i) try or dispose of the sa"e? or

(ii) transfer the sa"e for trial or disposal to any Court subordinate to it and co"petent to try or dispose of the sa"e? or

(iii) retransfer the sa"e for trial or disposal to the Court fro" hich it as ithdran

(6) 2here any suit or proceeding has been transferred or ithdran under sub7section (5) the Court hich #5@%#is

thereafter to try or dispose of such suit or proceeding% "ay subject to any special directions in the case of any order of

transfer either retry it or proceed fro" the point at hich it as transferred or ithdran.

#58% #(>) ,or the purposes of this section—

(a) Courts of dditional and ssistant Judges shall be dee"ed to be subordinate to the 0istrict Court?

(b) 1proceeding1 includes a proceeding for the execution of a decree or order.%

(@) the Court trying any suit transferred or ithdran under this section fro" a Court of -"all Causes shall for the purposes of such suit be dee"ed to be a Court of -"all Causes.

#5$% #(8) suit or proceeding "ay be transferred under this section fro" a Court hich has no jurisdiction to try it.%

#5+%#68. Aoer of -upre"e Court to transfer suits etc.— (5) Bn the application of a party and after notice to the parties and after hearing such of the" as desire to be heard the -upre"e Court "ay at any stage if satisfied that an

order under this section is expedient for the ends of justice direct that any suit appeal or other proceeding be

transferred fro" a Digh Court or other Civil Court in one -tate to a Digh Court or other Civil Court in any other -tate.

(6) &very application under this section shall be "ade by a "otion hich shall be supported by an affidavit.

(>) The Court to hich such suit appeal or other proceeding is transferred shall subject to any special directions in the

order of transfer either retry it or proceed fro" the stage at hich it as transferred to it.

(@) 'n dis"issing any application under this section the -upre"e Court "ay if it is of opinion that the application asfrivolous or vexatious order the applicant to pay by ay of co"pensation to any person ho has opposed the

application such su" not exceeding to thousand rupees as it considers appropriate in the circu"stances of the case.

(8) The la applicable to any suit appeal or other proceeding transferred under this section shall be the la hich the

Court in hich the suit appeal or other proceeding as originally instituted ought to have applied to such suit appeal or

proceeding.%

'nstitution of suits

6$. 'nstitution of suits— &very suit shall be instituted by the presentation of a plaint or in such other "anner as "ay be prescribed.

-u""ons and 0iscovery

6+. -u""ons to defendants— 2here a suit has been duly instituted a su""ons "ay be issued to the defendant to

appear and anser the clai" and "ay be served in "anner prescribed.

6<. -ervice of su""ons here defendant resides in another -tate— (5) su""ons "ay be sent for service in another

-tate to such Court and in such "anner as "ay be prescribed by rules in force in that -tate.













(6) The Court to hich such su""ons is sent shall upon receipt thereof proceed as if it had been issued by such Court

and shall then return the su""ons to the Court of issue together ith the record (if any) of its proceedings ith regard

thereto.

#5<% #(>) 2here the language of the su""ons sent for service in another -tate is different fro" the language of the

record referred to in sub7 section (6) a translation of the record—

(a) in Dindi here the language of the Court issuing the su""ons is Dindi or

(b) in Dindi or &nglish here the language of such record is other than Dindi or &nglish

shall also be sent together ith the record sent under that sub7section%.

69. -ervice of foreign su""onses— -u""ons and other processes issued by—

(a) any Civil or Revenue Court established in any part of 'ndia to hich the provisions of this Code do not extent or

(b) any Civil or Revenue Court established or continued by the authority of the Central :overn"ent outside 'ndia or

(c) any other Civil or Revenue Court outside 'ndia to hich the Central :overn"ent has by notification in the Bfficial:a!ette declared the provisions of this section to apply

"ay be sent to the Courts in the territories to hich this Code extends and served as if they ere su""onses issued by

such Courts.

>. Aoer to order discovery and the li3e— -ubject to such conditions and li"itations as "ay be prescribed the Court

"ay at any ti"e either of its on "otion or on the application of any party—

(a) "a3e such orders as "ay be necessary or reasonable in all "atters relating to the delivery and ansering of

interrogatories the ad"ission of docu"ents and facts and the discovery inspection production i"pounding and returnof docu"ents or other "aterial objects producible as evidence?

(b) issue su""onses to persons hose attendance is re*uired either to give evidence or to produce docu"ents or such

other objects as aforesaid?

(c) order any fact to be proved by affidavit.

>5. -u""ons to itness— The provisions in sections 6+ 6< and 69 shall apply to su""onses to give evidence or to

produce docu"ents or other "aterial objects.

>6. Aenalty for default —The Court "ay co"pel the attendance of any person to ho" a su""ons has been issued

under section > and for that purpose "ay—

(a) issue a arrant for his arrest?

(b) attach and sell his property?

(c) i"pose a fine upon hi" not exceeding five hundred rupees?

(d) order hi" to furnish security for his appearance and in default co""it hi" to the civil prison.

Judg"ent and decree

>>. Judg"ent and decree— The Court after the case has been heard shall pronounce judg"ent and on such judg"ent a

decree shall follo.

'nterest

>@. 'nterest— (5) 2here and in so far as a decree is for the pay"ent of "oney the Court "ay in the decree orderinterest at such rate as the Court dee"s reasonable to be paid on the principal su" adjudged fro" the date of the suit to

the date of the decree in addition to any interest adjudged on such principal su" for any period prior to the institution

of the suit ith further interest at such rate not exceeding six per cent per annu" as the Court dee"s reasonable on

such principal su" fro" the date of the decree to the date of pay"ent or to such earlier date as the Court thin3s fit 4

#59% #Arovided that here the liability in relation to the su" so adjudged had arisen out of a co""ercial transaction therate of such further interest "ay exceed six per cent per annu" but shall not exceed the contractual rate of interest or









here there is no contractual rate the rate at hich "oneys are lent or advanced by nationalised ban3s in relation to

co""ercial transactions.

&xplanation '.—'n this sub7section 1nationalised ban31 "eans a corresponding ne ban3 as defined in the =an3ing

Co"panies (c*uisition and Transfer of Enderta3ings) ct 59+ (8 of 59+).

&xplanation ''.—,or the purposes of this section a transaction is a co""ercial transaction if it is connected ith the

industry trade or business of the party incurring the liability.%

(6) 2here such a decree is silent ith respect to the pay"ent of further interest on such principal su" fro" the date ofthe decree to the date of pay"ent or other earlier date the Court shall be dee"ed to have refused such interest and a

separate suit therefore shall not lie.

Costs

>8. Costs— (5) -ubject to such conditions and li"itations as "ay be prescribed and to the provisions of la for the

ti"e being in force the costs of and incident to all suits shall be in the discretion of the Court and the Court shall have

full poer to deter"ine by ho" or out of hat property and to hat extent such costs are to be paid and to give allnecessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar

to the exercise of such poers.

(6) 2here the Court directs that any costs shall not follo the event the Court shall state its reasons in riting.

>8. Co"pensatory costs in respect of false or vexatious clai"s or defenses— (5) 'f any suit or other proceedings

including an execution proceedings but #6%#excluding an appeal or a revision% any party objects to the clai" of defence

on the ground that the clai" or defence or any part of it is as against the objector false or vexatious to the 3noledge of the party by ho" it has been put forard and if thereafter as against the objector such clai" or defence is disalloed

abandoned or ithdran in hole or in part the Court if it so thin3s fit "ay after recording its reasons for holding

such clai" or defence to be false or vexatious "a3e an order for the pay"ent to the object or by the party by ho"

such clai" or defence has been put forard of cost by ay of co"pensation.

(6) /o Court shall "a3e any such order for the pay"ent of an a"ount exceeding #65%#three thousand rupees% orexceeding the li"its of it pecuniary jurisdiction hichever a"ount is less4

Arovided that here the pecuniary li"its of the jurisdiction of any Court exercising the jurisdiction of a Court of -"all

Causes under the Arovincial -"all Cause Courts ct 5<<+ (9 of 5<<+) or under a corresponding la in force in any part

of 'ndia to hich the said ct does not extend and not being a Court constituted under such ct or la are less than to

hundred and fifty rupees the Digh Court "ay e"poer such Court to aard as costs under this section any a"ount notexceeding to hundred and fifty rupees and not exceeding those li"its by "ore than one hundred rupees 4

Arovided further that the Digh Court "ay li"it the a"ount or class of Courts is e"poered to aard as costs under

this -ection.

(>) /o person against ho" an order has been "ade under this section shall by reason thereof be exe"pted fro" any

cri"inal liability in respect of any clai" or defence "ade by hi".

(@) The a"ount of any co"pensation aarded under this section in respect of a false or vexatious clai" or defence shall

be ta3en into account in any subse*uent suit for da"ages or co"pensation in respect of such clai" or defence.

-TT& &/0&/T-

Ettar Aradesh— (i) ,or sub7section (5) of section >8 substitute the folloing.

1(5) 'f any suit or other proceedings including proceedings in execution but not being an appeal or revision the courtfinds that the clai" or defence or any part thereof is false or vaxatious to the 3noledge of the party by ho" it has

been put forard and if such clai" or defence or such part is disalloed abandoned or ithdran in hole or in part

the court "ay after recording its reasons for holding such clai" or defence to be false or vexatious "a3e an order for

the pay"ent to the successful party or costs by ay of co"pensation irrespective of the decisions on other issues in thecase1.

#E.A. ct /o. 6@ of 598@%.

(ii) fter sub7section (5) insert the folloing.








1(57) The provisions of sub7section (5) shall "utatis "utandis apply to an appeal here the appellate Court confir"s

the decision of the trial court and the trial court has not aarded or insufficient co"pensatory cost under that sub7

section.

#E.A. ct /o. 8+ of 59+$%.

#66%#>8=. Costs for causing delay— (5) 'f on any date fixed for the hearing of a suit or for ta3ing any step therein a

party to the suit—

(a) fails to ta3e the step hich he as re*uired by or under this Code to ta3e on that date or

(b) obtains an adjourn"ent for ta3ing such step or for producing evidence or on any other ground

the Court "ay for reasons to be recorded "a3e an order re*uiring such party to pay to the other party such costs asould in the opinion of the Court be reasonably sufficient to rei"burse the other party in respect of the expenses

incurred by hi" in attending the Court on that date and pay"ent of such costs on the date next folloing the date of

such order shall be a condition precedent to the further prosecution of—

(a) the suit by the plaintiff here the plaintiff as ordered to pay such costs.

(b) the defence by the defendant here the defendant as ordered to pay such costs.

&xplanation.—2here separate defences have been raised by the defendants or groups of defendants pay"ent of such

costs shall be a condition precedent to the further prosecution of the defence by such defendants or groups of defendants

as have been ordered by the Court to pay such costs.

(6) The costs ordered to be paid under sub7section (5) shall not if paid be included in the costs aarded in the decree

passed in the suit? but if such costs are not paid a separate order shall be dran up indicating the a"ount of such costs

and the na"es and addresses of the persons by ho" such costs are payable and the order so dran up shall be

executable against such persons.%

PART II& E)EC'TION

:eneral

#6>%#>$. pplication to orders— The provisions of this Code relating to the execution of decree (including provisionsrelating to pay"ent under a decree) shall so far as they are applicable be dee"ed to apply to the execution of orders

(including pay"ent an order).%

>+. 0efinition of Court hich passed a decree— The expression 1Court hich passed a decree1 or ords to that effectshall in relation to the execution of decrees unless there is anything repugnant in the subject or context be dee"ed to

include—

(a) here the decree to be executed has been passed in the exercise of appellate jurisdiction the Court of first instanceand

(b) here the Court of first instance has ceased to exist or to have jurisdiction to execute it the Court hich if the suit

herein the decree as passed as instituted at the ti"e of "a3ing the application for the execution of the decree

ould have jurisdiction to try such suit.

#6@% #&xplanation.—The Court of first instance does not cease to have jurisdiction to execute a decree "erely on the

ground that after the institution of the suit herein the decree as passed or after the passing of the decree any area has been transferred fro" the jurisdiction of that Court to the jurisdiction of any other Court? but in every such case such

other Court shall also have jurisdiction to execute the decree if at the ti"e of a"3ing the application for execution ofthe decree it ould have jurisdiction to try the said suit.%

Courts by hich decrees "ay be executed

><. Court by hich decree "ay be executed— decree "ay be executed either by the court hich passed it or by the

Court to hich it is sent for execution.

>9. Transfer of decree— (5) The Court hich passed a decree "ay on the application of the decree7holder send it for

execution to another Court #68%#of co"petent jurisdiction%—

(a) if the person against ho" the decree is passed actually and voluntarily resides or carries on business or personallyor3s for gain ithin the local li"its of the jurisdiction of such other Court or





(b) if such person has not property ith in the local li"its of the jurisdiction of the Court hich passed the decree

sufficient to satisfy such decree and has property ithin the local li"its of the jurisdiction of such other Court or

(c) if the decree directs the sale or delivery of i""ovable property situate outside the local li"its of the jurisdiction of

the Court hich passed it or

(d) if the Court hich passed the decree considers for any other reason hich it shall record in iring that the decree

should be executed by such other Court.

(6) The Court hich passed the decree "ay of its on "otion send it for execution to any subordinate Court ofco"petent jurisdiction.

#6$%#(>) ,or the purposes of this section a Court shall be dee"ed to be a Court of co"petent jurisdiction if at the ti"e

of "a3ing the application for the transfer of decree to it such Court ould have jurisdiction to try the suit in hich such

decree as passed.%

-TT& &/0&/T-

Ettar Aradesh— -ub7section (>) of section >9 shall be substituted.

1(>) ,or the purpose of this section a court shall be dee"ed to be a court of co"petent jurisdiction if the a"ount or

value of the subject "atter of the suit herein the decree as passed does not exceed the pecuniary li"its if any of itsordinary jurisdiction at the ti"e of "a3ing the application for the transfer of decree to it notithstanding that it had

otherise no jurisdiction to try the suit1.

#E.A. ct /o. >5 of 59+<%.

@. Transfer of decree to Court in another -tate— 2here a decree is sent for execution in another -tate it shall be sent

to such Court and executed in such "anner as "ay be prescribed by rules in force in that -tate.

@5. Result of execution proceedings to be certified.— The Court to hich a decree is sent for execution shall certify to

the Court hich passed it the fact of such execution or here the for"er Court fails to execute the sa"e thecircu"stances attending such failure.

@6. Aoers of Court in executing transferred decree— #6+%#(5)% The Court executing a decree sent to it shall have the

sa"e poers in executing such decree as if it had been passed by itself. ll persons disobeying or obstructing the

execution of the decree shall be punishable by such Court in the sa"e "anner as if it had passed the decree. nd its

order in executing such decree shall be subject to the sa"e rules in respect of appeal as if the decree had been passed by

itself.

#6<%#(6) 2ithout prejudice to the generality of the provisions of sub7section (5) the poers of the Court under that sub7

section shall include the folloing poers of the Court passed the decree na"ely4—

(a) poer to send the decree for execution to another Court under section >9?

(b) poer to execute the decree against the legal representative of the deceased judg"ent7debtor under section 8?

(c) poer to order attach"ent of a decree.

(>) Court passing an order in exercise of the poers specified in sub7section (6) shall send a copy thereof to the Court

hich passed the decree.

(@) /othing in this section shall be dee"ed to confer on the Courts to hich a decree is sent for execution any of the

folloing poers na"ely—

(a) poer to order execution at the instance of the transferee of the decree?

(b) in the case of a decree passed against a fir" poer to grant leave to execute such decree against any person other

than such a person as is referred to in clause (b) or clause (c) of sub7rule (5) of rule 8 of Brder FF'.%

-TT& &/0&/T-

Ettar Aradesh— -ection @6 shall be substituted by folloing.

1@6. Aoer of Court in executing transferred decree4— (5) The court executing a decree sent to it shall have the sa"e poers in executing such decree as if it had been passed by itself. ll persons disobeying or obstructing the decree shall



be punishable by such court in the sa"e "anner as if it had passed the decree and its order in executing such decree

shall be subject to the sa"e rules in respect of appeal as if the decree had been passed by itself.

(6) 2ithout prejudice to the generality of the provisions of sub7section (5) the poers of the court under that sub7section

shall include the folloing poers of the court hich passed the decree na"ely—

(a) poer to send the decree for execution to another court under section >9.

(b) poer to execute the decree against the legal representative of the deceased judg"ent debtor under section 8.

(c) poer to order attach"ent of a decree.

(d) poer to decide any *uestion relating to the bar of li"itation to the executability of the decree.

(e) poer to record pay"ent or adjust"ent under Rule 6 of order FF'.

(f) poer to order stay of execution under Rule 69 Brder FF'

(g) in the case of a decree passed against a fir" poer to grant leave to execute such decree against any person other

than a person as is referred to in clause (b) or clause (c) of sub7rule (5) of Rule 8 of Brder FF'.

(>) court passing an order in exercise of the poers specified in sub7section (6) shall send a copy there of to the courthich passed the decree.

(@) /othing in this section shall be dee"ed to confer on the court to hich a decree is sent for execution the poer to

order execution at the instance of the transfer of a decree1

#E.A. ct /o. 5@ of 59+%.

@>. &xecution of decrees passed by Civil Courts in places to hich this Code does not extend— ny decree passed by

any Civil Court established in any part of 'ndia to hich the provisions of this Code do not extend or by any Court

established or continued by the authority of the Central :overn"ent outside 'ndia "ay if it cannot be executed ithinthe jurisdiction of the Court by hich it as passed be executed in the "anner herein provided ithin the jurisdiction

of any Court in the territories to hich this Code extends.

@@. &xecution of decrees passed by Revenue Court in places to hich this Code does not extend.— The -tate

:overn"ent "ay by notification in the Bfficial :a!ette declare that the decrees of any Revenue Court in any part of

'ndia to hich the provisions of this Code do not extend or any class of such decrees "ay be executed in the -tate as ifthey had been passed by Courts in that -tate.

@@. &xecution of decrees passed by Courts in reciprocating territory— (5) 2here a certified copy of decree of any of

the superior Courts of any reciprocating territory has been filed in a 0istrict Court the decree "ay be executed in 'ndia

as if it had been passed by the 0istrict Court.

(6) Together ith the certified copy of the decree shall be filed a certificate fro" such superior Court stating the extent

if any to hich the decree has been satisfied or adjusted and such certificate shall for the purposes of proceedingsunder this section be conclusive proof of the extent of such satisfaction or adjust"ent.

(>) The provisions of section @+ shall as fro" the filing of the certified copy of the decree apply to the proceedings of a0istrict Court executing a decree under this section and the 0istrict Court shall refuse execution of any such decree if

it is shon to the satisfaction of the Court that the decree falls ithin any of the exceptions specified in clauses (a) to (f)

of section 5>.

&xplanation 5— 1Reciprocating territory1 "eans any country or territory outside 'ndia hich the Central :overn"ent

"ay by notification in the Bfficial :a!ette declare to be a reciprocating territory for the purposes of this section? and1superior Courts1 ith reference to any such territory "eans such Courts as "ay be specified in the said notification.

&xplanation 6.— 10ecree1 ith reference to a superior Court "eans any decree or judg"ent of such Court under hich

a su" of "oney is payable not being a su" payable in respect of taxes or other charges of a li3e nature or in respect to

a fine or other penalty but shall in no case include an arbitration aard even if such an aard is enforceable as a decree

or judg"ent.

@8. &xecution of decrees outside 'ndia— -o "uch of the foregoing sections of this Aart as e"poers a Court to send adecree for execution to another Court shall be construed as e"poering a Court in any -tate to send a decree for

execution to any Court established by the authority of the Central :overn"ent outside 'ndia to hich the -tate

:overn"ent has by notification in the Bfficial :a!ette declared this section to apply.



-TT& &/0&/T-

Aondicherry— fter section @8 insert the folloing4—

1@87. &xecution of decrees etc. passed or "ade before the Co""ence"ent of the Code in Aondicherry— ny

Judg"ent decree or order passed or "ade before the Co""ence"ent of this Code by any Civil Court in the Enion

Territory of Aondicherry shall for the purpose of execution be dee"ed to have been passed or "ade under this Code.

Arovided that nothing contained in this section shall be construed as extending the period of li"itation to hich any

proceeding in respect of such judg"ent decree or order "ay be subject.1

#ct /o. 6$ of 59$<%.

@$. Arecepts— (5) Epon the application of the decree7holder the Court hich passed the decree "ay henever it thin3sfit issue a precept to any other Court hich ould be co"petent to execute such decree to attach any property

belonging to the judg"ent7debtor and specified in the precept.

(6) The Court to hich a precept is sent shall proceed to attach the property in the "anner prescribed in regard to the

attach"ent of property in execution of a decree4

Arovided that no attach"ent under a precept shall continue for "ore than to "onths unless the period of attach"ent is

extended by an order of the Court hich passed the decree or unless before the deter"ination of such attach"ent thedecree has been transferred to the Court by hich the attach"ent has been "ade and the decree7holder has applied for

an order for the sale of such property.

Guestions to be deter"ined by Court executing decree

@+. Guestions to be deter"ined by the Court executing decree— (5) ll *uestions arising beteen the parties to the suit

in hich the decree as passed or their representatives and relating to the execution discharge or satisfaction of the

decree shall be deter"ined by the Court executing the decree and not by a separate suit.

#69%

(>) 2here a *uestion arises as to hether any person is or is not the representative of a party such *uestion shall for the purposes of this section be deter"ined by the Court.

#>% #&xplanation '.—,or the purposes of this section a plaintiff hose suit has been dis"issed and a defendant against

ho" a suit has been dis"issed are parties to the suit.

&xplanation ''.—(a) ,or the purposes of this section a purchaser of property at a sale in execution of a decree shall bedee"ed to be a party to the suit in hich the decree is passed? and

(b) all *uestions relating to the delivery of possession of such property to such purchaser or his representative shall be

dee"ed to be *uestions relating to the execution discharge or satisfaction of the decree ithin the "eaning of thissection.%

Hi"it of ti"e for execution

@<. #&xecution barred in certain cases%.— Rep. by the li"itation ct 59$> (>$ of 59$>) s. 6< (ith effect fro" the 5stJanuary 59$@)

Transferees and legal representatives

@9. Transferee— &very transferee of a decree shall hold the sa"e subject to the e*uities (if any) hich the judg"ent7

debtor "ight have enforced against the original decree7holder.

8. Hegal representative— (5) 2here a judg"ent7debtor dies before the decree has been fully satisfied the holder of the

decree "ay apply to the Court hich passed it to execute the sa"e against the legal representative of the deceased.

(6) 2here the decree is executed against such legal representative he shall be liable only to the extent of the property of

the deceased hich has co"e to his hands and has not been duly disposed of? and for the purpose of ascertaining suchliability the Court executing the decree "ay of its on "otion or on the application of the decree7holder co"pel such

legal representative to produce such accounts as it thin3s fit.

Arocedure in execution



85. Aoers of Court to enforce execution— -ubject to such conditions and li"itations as "ay be prescribed the Court

"ay on the application of the decree7holder order execution of the decree—

(a) by delivery of any property specifically decreed?

(b) by attach"ent and sale or by the sale ithout attach"ent of any property?

(c) by arrest and detention in prison #>5%#for such period not exceeding the period specified in section 8< here arrest

and detention is per"issible under that section%?

(d) by appointing a receiver? or

(e) in such other "anner as the nature of the relief granted "ay re*uire4

Arovided that here the decree is for the pay"ent of "oney execution by detention in prison shall not be ordered

unless after giving the judg"ent7debtor an opportunity of shoing cause hy he should not be co""itted to prison theCourt for reasons recorded in riting is satisfied—

(a) that the judg"ent7debtor ith the object or effect of obstructing or delaying the execution of the decree—

(i) is li3ely to abscond or leave the local li"its of the jurisdiction of the Court or

(ii) has after the institution of the suit in hich the decree as passed dishonestly transferred concealed or re"oved

any part of his property or co""itted any other act of bad faith in relation to his property or

(b) that the judg"ent7debtor has or has had since the date of the decree the "eans to pay the a"ount of the decree or

so"e substantial part thereof and refuses or neglects or has refused or neglected to pay the sa"e or

(c) that the decree is for a su" for hich the judg"ent7debtor as bound in a fiduciary capacity to account.

&xplanation.—'n the calculation of the "eans of the judg"ent7debtor for the purposes of clause (b) there shall be left

out of account any property hich by or under any la or custo" having the force of la for the ti"e being in force isexe"pt fro" attach"ent in execution of the decree.

-TT& &/0&/T-

Ettar Aradesh— 'n section 85 of the Code Clause (bb) shall be inserted after clause (b).

1(bb) by transfer other than sale by attach"ent or ithout attach"ent of any property1

#E.A. ct /o. 6@ of 598@%.

86. &nforce"ent of decree against legal representative— (5) 2here a decree is passed against a party as the legalrepresentative of a deceased person and the decree is for the pay"ent of "oney out of the property of the deceased it

"ay be executed by the attach"ent and sale of any such property.

(6) 2here no such property re"ains in the possession of the judg"ent7debtor and he fails to satisfy the Court that he has

duly applied such property of the deceased as is proved to have co"e into his possession the decree "ay be executed

against the judg"ent7debtor to the extent of the property in respect of hich he has failed so to satisfy the Court in thesa"e "anner as if the decree had been against hi" personally.

8>. Hiability of ancestral property— ,or the purposes of section 8 and section 86 property in the hands of a son or

other descendant hich is liable under Dindu la for the pay"ent of the debt of a deceased ancestor in respect of hich

a decree has been passed shall be dee"ed to be property of the deceased hich has co"e to the hands of the son or

other descendant as his legal representative.

8@. Aartition of estate or separation of share— 2here the decree is for the partition of an undivided estate assessed tothe pay"ent of revenue to the :overn"ent or for the separate possession of a share of such an estate the partition of

the estate or the separation of the share shall be "ade by the Collector or any ga!etted subordinate of the Collector

deputed by hi" in this behalf in accordance ith the la (if any) for the ti"e being in force relating to the partition or

the separate possession shares of such estates.

rrest and detention

88. rrest and detention— (5) judg"ent7debtor "ay be arrested in execution of a decree at any hour and on any dayand shall as soon as practicable be brought before the Court and his detention "ay be in the civil prison of the district

in hich the Court ordering the detention is situate or here such civil prison does not afford suitable acco""odation



in any other place hich the -tate :overn"ent "ay appoint for the detention of persons ordered by the Courts of such

district to be detained4

Arovided firstly that for the purpose of "a3ing an arrest under this section no delling7house shall be entered after

sunset and before sunrise 4

Arovided secondly that no outer door of a delling7house shall be bro3en open unless such delling7house is in the

occupancy of the judg"ent7debtor and he refuses or in any ay prevents access thereto but hen the officer authorised

to "a3e the arrest has duly gained access to any delling7house he "ay brea3 open the door of any roo" in hich hehas reason to believe the judg"ent7debtor is to be found 4

Arovided thirdly that if the roo" is in the actual occupancy of a o"an ho is not the judg"ent7debtor and ho

according to the custo"s of the country does not appear in public the officer authorised to "a3e the arrest shall give

notice to her that she is at liberty to ithdra and after alloing a reasonable ti"e for her to ithdra and giving herreasonable facility for ithdraing "ay enter the roo" for the purpose of "a3ing the arrest 4

Arovided fourthly that here the decree in execution of hich a judg"ent7debtor is arrested is a decree for the

pay"ent of "oney and the judg"ent7debtor pays the a"ount of the decree and the costs of the arrest to the officer

arresting hi" such officer shall at once release hi".

(6) The -tate :overn"ent "ay by notification in the Bfficial :a!ette declare that any person or class of persons hose

arrest "ight be attended ith danger or inconvenience to the public shall not be liable to arrest in execution of a decreeotherise than in accordance ith such procedure as "ay be prescribed by the -tate :overn"ent in this behalf.

(>) 2here a judg"ent7debtor is arrested in execution of a decree for the pay"ent of "oney and brought before the

Court the Court shall infor" hi" that he "ay apply to be declared an insolvent and that he "ay be discharged if he

has not co""itted any act of bad faith regarding the subject of the application and if he co"plies ith provisions of the

la of insolvency for the ti"e being in force.

(@) 2here a judg"ent7debtor express his intention to apply to be declared an insolvent and furnishes security to thesatisfaction of the Court that he ill ithin one "onth so apply and that he ill appear hen called upon in any

proceeding upon the application or upon the decree in execution of hich he as arrested the Court "ay release hi"

fro" arrest and if he fails so to apply and to appear the Court "ay either direct the security to be realised or co""it

hi" to the civil prison in execution of the decree.

8$. Arohibition of arrest or detention of o"en in execution of decree for "oney— /otithstanding anything in thisAart the Court shall not order the arrest or detention in the civil prison of a o"an in execution of a decree for the

pay"ent of "oney.

8+. -ubsistence alloance— The -tate :overn"ent "ay fix scales graduated according to ran3 race and nationality of

"onthly alloances payable for the subsistence of judg"ent7debtors.

8<. 0etention and release— (5) &very person detained in the civil prison in execution of a decree shall be so detained—

(a) here the decree is for the pay"ent of a su" of "oney exceeding #>6%#one thousand rupees for a period not

exceeding three "onths and%

#>>% #(b) here the decree is for the pay"ent of a su" of "oney exceeding five hundred rupees but not exceeding onethousand rupees for a period not exceeding six ee3s 4%

Arovided that he shall be released fro" such detention before the expiration of the #>@%#said period of detention%—

(i) on the a"ount "entioned in the arrant for his detention being paid to the officer in charge of the civil prison or

(ii) on the decree against hi" being otherise fully satisfied or

(iii) on the re*uest of the person on hose application he has been so detained or

(iv) on the o"ission by the person on hose application he has been so detained to pay subsistence alloance 4

Arovided also that he shall not be released fro" such detention under clause (ii) or clause (iii) ithout the order of theCourt.

#>8% #(5) ,or the re"oval of doubts it is hereby declared that no order for detention of the judg"ent7debtor in civil

prison in execution of a decree for the pay"ent of "oney shall be "ade here the total a"ount of the decree does not

exceed five hundred rupees.%



(6) judg"ent7debtor released fro" detention under this section shall not "erely by reason of his release be discharged

fro" his debt but he shall not be liable to be re7arrested under the decree in execution of hich he as detained in the

civil prison.

89. Release on ground of illness— (5) t any ti"e after a arrant for the arrest of a judg"ent7debtor has been issued

the Court "ay cancel it on ground of his serious illness.

(6) 2here a judg"ent7debtor has been arrested the Court "ay release hi" if in its opinion he is not in a fit state of

health to be detained in the civil prison.(>) 2here a judg"ent7debtor has been co""itted to the civil prison he "ay be released therefro"—

(a) by the -tate :overn"ent on the ground of the existence of any infectious or contagious disease or

(b) by the co""itting Court or any Court to hich that Court is subordinate on the ground of his suffering fro" any

serious illness.

(@) judg"ent7debtor released under this section "ay be re7arrested but the period of his detention in the civil prison

shall not in the aggregate exceed that prescribed by section 8<.

ttach"ent

#>$%#$. Aroperty liable to attach"ent and sale in execution of decree— (5) The folloing property is liable to

attach"ent and sale in execution of a decree na"ely lands houses or other buildings goods "oney ban3notes

che*ues bills of exchange hundis pro"issory notes :overn"ent securities bonds or other securities for "oney debtsshares in corporation and save as hereinafter "entioned all other saleable property "ovable or i""ovable belonging

to the judg"ent7debtor or over hich or the profits of hich he has a disposing poer hich he "ay exercise for his

on benefithether the sa"e be held in the na"e of the judg"ent7debtor or by another person in trust for hi" or on his behalf 4

Arovided that the folloing particulars shall not be liable to such attach"ent or sale na"ely4—

(a) the necessary earing7apparel coo3ing vessels beds and bedding of the judg"ent7debtor his ife and children and

such personal orna"ents as in accordance ith religious usage cannot be parted ith by any o"an?

(b) tools of artisans and here the judg"ent7debtor is an agriculturist his i"ple"ents of husbandry and such cattle and

seed7grain as "ay in the opinion of the court be necessary to enable hi" to earn his livelihood as such and such

portion of agricultural produce or of any class of agricultural produce as "ay have been declared to be free fro"

liability under the provisions of the next folloing section?

(c) houses and other buildings (ith the "aterials and the sites thereof and the land i""ediately appurtenant thereto and

necessary for their enjoy"ent) belonging to #>+%#an agriculturist or a labourer or a do"estic servant% and occupied by

hi"?

(d) boo3s of account?

(e) a "ere right to sue for da"ages?

(f) any right of personal service?

(g) stipends and gratuities alloed to pensioners of the govern"ent #><%#or of a local authority or of any other

e"ployer% or payable out of any service pension fund notified in the Bfficial :a!ette by the Central :overn"ent or the-tate govern"ent in this behalf and political pension?

(h) the ages of labourers and do"estic servants hether payable in "oney or in 3ind?

(i) salary to the extent of the first #>9%#four hundred rupees% and to third of the re"ainder% in execution of any decreeother than a decree for "aintenance.

#@% #Arovided that here any part of such portion of the salary as is liable to attach"ent has been under attach"ent

hether continuously or inter"ittently for a total period of tenty7four "onths such portion sail be exe"pt fro"

attach"ent until the expiry of a further period of telve "onths and here such attach"ent has been "ade in

execution of one and the sa"e decree shall after the attach"ent has continued for a total period of tenty7four "onths be finally exe"pt fro" attach"ent in execution of that decree.%

#@5% #(ia) one7third of the salary in execution of any decree for "aintenance?%



#@6%#(j) the pay and alloances of persons to ho" the ir ,orce ct 598 (@8 of 598) or the r"y ct 598 (@$ of

598) or the /avy ct ($6 of 598+) applies?%

(3) all co"pulsory deposits and other su"s in or derived fro" and fund to hich the Arovident funds ct 5968 (59 of

5968) for the ti"e being applies in so far as they are declared by the said ct not to be liable to attach"ent?

#@>% #(3a) all deposits and other su"s in or derived fro" any fund to hich the Aublic Arovident ,und ct 59$< (6> of

59$<) for the ti"e being applies in so far as they are declared by the said ct as not to be liable to attach"ent?

(3b) all "oneys payable under a policy of insurance on the life of the judg"ent7debtor?

(3c) the interest of a lessee of a residential building to hich the provisions of la for the ti"e being in force relating tocontrol of rents and acco""odation apply?%

(5) any alloance for"ing part of the e"olu"ents of any servant of the :overn"ent or of any servant of a railay

co"pany or local authority hich the appropriate :overn"ent "ay by notification in the Bfficial :a!ette declare to be

exe"pt fro" attach"ent and any subsistence grant for alloance "ade to any such servant hile under suspension?

(") an expectancy of succession by survivorship or other "erely contingent or possible right or interest?

(n) a right to future "aintenance?

(o) any alloance declared by any 'ndian la to be exe"pt fro" liability to attach"ent or sale in execution of a decree?

and

(p) here the judg"ent7debtor is a person liable for the pay"ent of land7revenue? any "ovable property hich underany la for the ti"e being applicable to hi" is exe"pt fro" sale for the recovery of an arrears of such revenue.

#@@% #&xplanation '.— The "oneys payable in relation to the "atters "entioned in clauses (g) (h) (i) (ia) (j) (5) and

(o) are exe"pt fro" attach"ent or sale hether before or after they are actually payable and in the case of salary the

attachable portion thereof is liable to attach"ent hether before or after it is actually payable%.

&xplanation ''.— #@8%#'n clauses (5) and (ia)% 1salary1 "eans the total "onthly e"olu"ents excluding any alloance

declared exe"pt fro" attach"ent under the provisions of clause (5) derived by a person fro" his e"ploy"ent hetheron duty or on leave%.

&xplanation #@$%#'''%—'n Clause (l) 1appropriate :overn"ent1 "eans—

(i) as respect any person in the service of the Central :overn"ent or any servant of a Railay d"inistration or of a

canton"ent authority or of the port authority of a "ajor port the Central :overn"ent?

(ii) as respects any other #@+%#servant of the :overn"ent% or a servant of any other local authority s3illed the -tate

:overn"ent.

#@<%#&xplanation ';.—,or the purposes of this proviso 1ages1 includes bonus and labourer1 includes a

s3illedIuns3illed or se"i7s3illed labourer.

&xplanation ;.—,or the purposes of this proviso the expression 1agriculturist1 "eans a person ho cultivates land

personally and ho depends for his livelihood "ainly on the inco"e fro" agricultural land hether as oner tenant partner or agricultural labourer.

&xplanation ;'.—,or the purposes of &xplanation ; an agriculturist shall be dee"ed to cultivate land personally if he

cultivates land—

(a) by his on labour or

(b) by the labour of any "e"ber of his fa"ily or

(c) by servants or labourers on ages payable in case or in 3ind (not being as a share of the produce) or both.%

#@9% (5) /otithstanding anything contained in any other la for the ti"e being in force an agree"ent by hich a

person agrees to aive the benefit on any exe"ption under this section shall be void.%

(6) /othing in this section shall be dee"ed to exe"pt houses and other buildings (ith the "aterials and the sites

thereof and the land i""ediately appurtenant thereto and necessary for their enjoy"ent) fro" attach"ent or sale inexecution of decrees for rent of any such house building site or land.



-TT& &/0&/T-

ndhra Aradesh— 'n its application to ndhra area of the -tate of ndhra Aradesh in section $(5) clause (g) of the

proviso after the ords 1pensioners of the :overn"ent1 the ords 1or a local authority1 shall be inserted

#C.A.C. (ndhra Aradesh) (ndhra area) "end"ent ct 598%

'n its application to hole of -tate of .A. in proviso to sub7section (5) of section $.

(i) after clause (3) the folloing shall be inserted.

1(33) a"ount payable under policies issued in pursuance of the Rules for the ndhra Aradesh :ovt. life 'nsurance and

Arovident ,und1.

(ii) after &xplanation 6 insert the folloing4—

1&xplanation 6.— 2here any su" payable to a :overn"ent servant is exe"pt fro" attach"ent under the provisions

of clause (33) such su" shall re"ain exe"pt fro" attach"ent notithstanding the fact that oing to the death of the:ovt. servant it is payable to sa"e other person1

#ct /o. F' of 598> and ct /o. F of 59$6%.

'n its application to Dyderabad area of ndhra Aradesh4

(i) after clause (g) of the proviso to section $ (5) insert the folloing4—

1(gg) pension granted or continued by the Central :ovt. the :ovt. of Dyderabad or any other -tate :ovt. on account of

part services or present infir"ities or as a co"passionate alloance and.1

(ii) 'n &xplanation 6 for the ords brac3ets and letter 1Clause (33)1 substitute 1Clause (gg) or Clause (33)1

#.A. ct /o. F;''' of 598>%.

'n its application to the -tate of ndhra Aradesh4

(i) fter clause (33) of -ection $(5) proviso the folloing inserted4

1(333) a"ounts payable under the ndhra Aradesh -tate &"ployees ,a"ily =enefit ,und Rules.1

(ii) ,or the ords 1(33) in &xplanation 6 the ords 1(333) inserted.(.A. ct /o. 6@ of 59+9).

:ujarat— (i) 'n section $(5) after clause (g) insert the folloing.

1(gg) stipends and gratuities alloed to pensioners of a local authority1.

(ii) &xplanation 5 after the ord 1(g)1 insert 1(gg)1.

#=o"bay ct /o. HF of 59@<).

Di"achal Aradesh— (i) 'n section $ (5) at the end of Clause (c) insert the folloing.

1or co"pensation paid for such houses and buildings (including co"pensation for the "aterials and the sites and the

land referred to above) ac*uired for public purpose1.

(ii) fter clause (c) clause (cc) shall be inserted.

1(cc) Co"pensation paid for agricultural lands belonging to agriculturists and ac*uired for public purpose1.

#C.A.C. (D.A. "end"ent) ct 598$%.

Karnata3a— 'n section $ (5) after clause (p) the folloing shall be inserted in its application to Karnata3a (except

=ellary 0istrict).

1(pp) 2here the judg"ent7debtor is a servant of the -tate :ovt. ho has insured his life under the rules in force relating

to the official branch of Karnata3a :ovt. Hife 'nsurance 0epart"ent4—

(5) in the case of insurance effected prior to the ninth day of "ay 5955 the hole of the bonus payable or paidthereunder to such servant or in the event of his death to his no"inee or other person or persons entitled to such bonus

under the said rules and



(6) in the case of 'nsurance effected on or after the ninth day of ay 5955 and such insurance is Co"pulsory pre"ia

payable or paid to such servant or in the event of his death to his no"inee or other person or persons entitled to such

bonus under the said rules.

#C.A.C. (ysore "end"ent) ct 5986%.

Kerala— fter clause (g) the folloing clause (gg) shall be inserted4—

1(gg) all "oneys payable to the beneficiaries under the ,a"ily =enefit -che"e for the e"ployee of the :overn"ent of

Kerala.

#Kerala ct 5 of 59<<%.

aharashtra— (i) 'n section $(5) after clause (g) of the proviso insert the folloing4—

1(gg) in the Dyderabad area of the -tate of aharashtra any pension granted or continued by the Central :ovt. or the:ovt. of the for"er -tate of Dyderabad or any other -tate :ovt. on account of part services or present infir"ities or as a

co"passionate alloance hich is not covered by clause (g)1.

(ii) after clause (3b) insert the folloing4

1(3bb) the a"ounts payable under the policies issued in pursuance of the Rules for the Dyderabad -tate Hife 'nsurance

and Arovident ,und hich are not covered under clause (3a) or (3b)1.

#aharashtra ct /o. HF; of 59++%.

Aunjab and Daryana— (i) 'n clause (c) of the proviso to section $ (5) for the ords 1occupied by hi"1 substitute the

folloing4—

1not proved by the decree holder to have been let out on rent or lent to persons other than his father "other ife sondaughter daughter in la brother sister or other dependents or left vacant for a period of a year or "ore1.

(ii) after clause (c) insert the folloing4—

1(cc) "ilch ani"als hether in "il3 or in calf ani"als used for the purposes of transport or draught cart and open

spaces or endorures belonging to an agriculturist and re*uired for use in case of need for tying cattle par3ing carts or

stac3ing fodder or "anure.

(ccc) one "ain residential house and other buildings attached to it (ith the "aterial and the sites there of and the land

i""ediately appurtenant there to and necessary for there enjoy"ent belonging to a judg"ent7debtor other than anagriculturist and occupied by hi"4

Arovided that the protection afforded by this clause shall not extend to any property specifically charged ith the debtsought to be recovered1.

(iii) after sub7section (6) insert the folloing sub7sections.

1(>) /otithstanding any other la for the ti"e being in force an agree"ent by hich a debtor agrees to aive any

benefit of any exe"ption under this section shall be void.

(@) ,or the purposes of this section the ord Lagriculturist shall include every person hether as oner tenant partner or

agricultural labour ho depends for his livelihood "ainly on inco"e fro" agricultural land as defined in the Aunjab

lienation of Hand ct. 595.

(8) &very "e"ber of a tribe notified as agricultural under the Aunjab lienation of Hand ct 59 and every "e"berof a scheduled caste shall be presu"ed to be as agriculturist until the contrary is provided.

($) /o order for attach"ent shall be "ade unless the court is satisfied that the property sought to be attached is not

exe"pt fro" attach"ent or sale1

#Aunjab ct /o. ;'' of 59>@ 56 of 59@ $ of 59@$ and @@ of 59$%.

Rajasthan — (i) 'n clause (b) of section $ (5) after the ord Lgriculturist the ords Lhis "ilch cattle and those li3ely

to calve ithin to years shall be inserted.

(ii) after clause (3) of the proviso to section $ (5) insert the folloing.



1(33) "oneys payable under life 'nsurance Certificates issued in pursuance of the Rajasthan :ovt. -ervants 'nsurance

Rules 598>1.

(iii) after &xplanation > insert the folloing4

1&xplanation @.— 2here any "oney payable to a :ovt. servant of the state is exe"pt fro" attach"ent under the

provision contained in clause (33) such "oney shall re"ain exe"pt fro" the attach"ent notithstanding the fact there

oing to the death of a :ovt. servant it is payable to so"e other person1.

#Rajasthan ct /o. 5$ of 598+ and 59 of 598<%.

Ta"il /adu— 1-ection $ (5) clause (g) of the proviso after the ords Lstipends and gratuties alloed to the pensionersof the :ovt. insert the ords 1or of a local authority1

#C.A.C. (adras "end"ent) ct 598%.

Enion Territory of Chandigarh— -a"e as in Aunjab and Daryana

#ct /o. >5 of 59$$%.

Enion Territory of Aundicherry— -a"e as in Ta"il /adu

#ct /o. 6$ of 59$<%.

Ettar Aradesh— 'n section $(5) after &xplanation 5 add the folloing4

1&xplanation 57.— Aarticulars "entioned in clause (c) are exe"pt fro" sale in execution of a decree hether passed

before or after the co""ence"ent of the Code of Civil Arocedure (Enited Arovinces) "end"ent ct 59@< for

enforce"ent of a "ortgage of charge thereon1.

#E.A. ct /o. >8 of 59@<%.

$5. Aartial exe"ption of agricultural produce— The -tate :overn"ent "ay by general or special order published in the

Bfficial :a!ette declare that such portion of agricultural produce or of any class of agricultural produce as "ay appear to the -tate :overn"ent to be necessary for the purpose of providing until the next harvest the due cultivation of the

land and for the support of the judg"ent7debtor and his fa"ily shall in the case of all agriculturists or of any class of

agriculturists be exe"pted fro" liability to attach"ent or sale in exaction of a decree.

$6. -ei!ure of property in delling7house— (5) /o person executing any process under this Code directing or

authori!ing sei!ure of "ovable property shall enter any delling7house after sunset and before sunrise.

(6) /o outer door of a delling7house shall be bro3en open unless such delling7house is in the occupancy of the

judg"ent7debtor and he refuses or in any ay prevents access thereto but hen the person executing any such processhas duly gained access to any delling7house he "ay brea3 open the door of any roo" in hich he has reason to

believe any such property to be.

(>) 2here a roo" in a delling7house is in the actual occupancy of a o"an ho according to the custo"s of the

country does not appear in public the person executing the process shall give notice to such o"an that she is at liberty

to ithdra? and after alloing reasonable ti"e for her to ithdra and giving her reasonable facility for idhrainghe "ay enter such roo" for the purpose of sei!ing the property using at the sa"e ti"e every precaution consistent ith

these provisions to prevent its clandestine re"oval.

$>. Aroperty attached in execution of decrees of several Courts— (5) 2here property not in the custody of any Court is

under attach"ent in execution of decrees of "ore Courts than one the Court hich shall receive or reali!e such

property and shall deter"ine any clai" thereto any objection to the attach"ent thereof shall be the Court of highestgrade or here there is no difference in grade beteen such Courts the Court under hose decree the property as

first attached.

(6) /othing in this section shall be dee"ed to invalidate any proceeding ta3en by a Court executing one of such decrees.

#8% #&xplanation.—,or the purposes of sub7section (6) 1proceeding ta3en by a Court1 does not include an order

alloing to a decree7holder ho has purchased property at a sale held in execution of a decree set off to the extent of

the purchase price payable by hi".%

$@. Arivate alienation of property after attach"ent to be void— 2here an attach"ent has been "ade any privatetransfer or delivery of the property attached or of any interest there in and any pay"ent to the judg"ent7debtor of any



debt dividend or other "onies contrary to such attach"ent shall be void as against all clai"s enforceable under the

attach"ent.

&xplanation—,or the purposes of this section clai"s enforceable under an attach"ent include clai"s for the rateable

distribution of assets.

-ale

$8. Aurchasers title— 2here i""ovable property is sold in execution of a decree and such sale has beco"e absolute

the property shall be dee"ed to have vested in the purchaser fro" the ti"e hen the property is sold and not fro" theti"e hen the sale beco"es absolute.

$$. #85%# %

$+. Aoer for -tate :overn"ent to "a3e rules as to sales of land in execution of decrees for pay"ent of "oney— (5)

The -tate :overn"ent "ay by notification in the Bfficial :a!ette "a3e rules for any local area i"posting conditions

in respect of the sale of any class of interests in land in execution of decrees for the pay"ent of "oney here such

interests are so uncertain or under"ined as in the opinion of the -tate :overn"ent to "a3e it i"possible to fix theirvalue.

(6) 2hen on the date on hich this Code ca"e into operation in any local area any special rules as to sale of and in

execution of decrees ere in force therein the -tate :overn"ent "ay by notification in the Bfficial :a!ette declare

such rules to be in force or "ay by a li3e notification "odify the sa"e.

&very notification issued in the exercise of the poers conferred by this sub7section shall set out the rules so continued

or "odified.

#86% #(>) &very rule "ade under this section shall be laid as soon as "ay be after it is "ade before the -tateHegislature.%

0elegation to Collector of poer to execute decrees against i""ovable property

$<.—+6. Rep. by the Code of Civil Arocedure ("end"ent) ct 598$ ($$ of 598$) s. +.

0istribution of assests

+>. Aroceeds of execution7sale to be reateably distributed a"ong decree7holders— (5) 2here assests are held by a Court

and "ore persons than one have before the receipt of such assests "ade application to the Court for the execution of

decrees for the pay"ent of "oney passed against the sa"e judg"ent7debtor and have not obtained satisfaction thereof

the assests after deducting the costs of reali!ation shall be reteably distributed a"ong all such persons 4

Arovided as follos 4—

(a) here any property is sold subject to a "ortgage or charge the "ortgage or incu"brancer shall not be entitled toshare in any surplus arising fro" such sale?

(b) here any property liable to be sold in execution of a decree is subject to a "ortgage or charges the Court "ay ith

the consent of the "ortgagee or incu"brancer order that the property be sold free fro" the "ortgage or charge giving

to the "ortgagee or incu"brancer the sa"e interest in the proceeds of the sale as he had in the property sold?

(c) here any i""ovable property is sold in execution of a decree ordering its sale for the discharge of an incu"brance

thereon the proceeds of sale shall be applied—

first in defraying the expenses of the sale?

secondly in discharging the a"ount due under the decree?

thirdly in discharging the interest and principal "oneys due on subse*uent incu"brances (if any)? and

fourthly rateably a"ong the holders of decrees for the pay"ent of "oney against the judg"ent debtor ho have prior

to the sale of the property applied to the Court hich passed the decree ordering such sale for execution of suchdecrees and have not obtained satisfaction thereof.

(6) 2here all or any of the assests liable to be rateably distributed under this section are paid to a person not entitled to

receive the sa"e any person so entitled "ay sue such person to co"pel hi" to refund the assets.

(>) /othing in this section affects any right of the :overn"ent.



Resistance to execution

+@. Resistance to execution— 2here the Court is satisfied that the holder of a decree for the possession of i""ovable

property or that the purchaser of i""ovable property sold in execution of a decree has been resisted or obstructed in

obtaining possession of the property by the judg"ent7debtor or so"e person on his behalf and that such resistance or

obstruction as ithout any just cause the Court "ay at the instance of the decree7holder or purchaser order the judg"ent7debtor or such other person to be detained in the civil prison for a ter" hich "ay extend to thirty days and

"ay further direct that the decree7holder or purchaser be put into possession of the property.

PART III&INCIDENTA# PROCEEDINS

Co""issions

+8. Aoer of court to issue co""issions7 -ubject to such conditions and li"itations as "ay be prescribed the court "ay

issue a co""ission7

(a) to exa"ine any person?

(b) to "a3e a local investigation?

(c) to exa"ine or adjust accounts? or

(d) to "a3e a partition?

#8>% #(e) to hold a scientific technical or expert investigation?

(f) to conduct sale of property hich is subject to speedy and natural decay and hich is in the custody of the Court

pending the deter"ination of the suit?

(g) to perfor" any "inisterial act.%

+$. Co""ission to another Court7 (5) co""ission for the exa"ination of any person "ay be issued to any Court (not being a Digh Court) situate in a -tate other than the -tate in hich the Court of issue is situate and having jurisdiction in

the place in hich the person to be exa"ined resides.

(6) &very Court receiving a co""ission for the exa"ination of any person under sub7section (5) shall exa"ine hi" or

cause hi" to be exa"ined pursuant thereto and the co""ission hen it has been duly executed shall be returned

together ith the evidence ta3en under it to the Court fro" hich it as issued unless the order for issuing theco""ission has otherise directed in hich case the co""ission shall be returned in ter"s of such order.

++. Hetter of re*uest7 'n lieu of issuing a co""ission the Court "ay issue a letter of re*uest to exa"ine a itness

residing at any place not ithin 'ndia.

+<. Co""issions issued by foreign Courts7 -ubject to such conditions and li"itations as "ay be prescribed the

provisions as to the execution and return of co""issions for the exa"ination of itnesses shall apply to co""issions

issue by or as the instance of7

(a) Courts situate in any part of 'ndia to hich the provisions of this Code do not extend? or

(b) Courts established or continued by the authority of the Central :overn"ent outside 'ndia or

(c) Courts of any -tate or country outside 'ndia.

PART I*&S'ITS IN PARTIC'#AR CASES

-uits by or against the :overn"ent or public officers in their official capacity.

+9. -uits by or against :overn"ent— 'n a suit by or against the :overn"ent the authority to be na"ed as plaintiff or

defendant as the case "ay be shall be—

(a) in the case of a suit by or against the Central :overn"ent the Enion of 'ndia and

(b) in the case of a suit by or against a -tate :overn"ent the -tate.

<. /otice— #8@%#(5)%#88%#-ave as otherise provided in sub7section (6) no suits shall be instituted against the:overn"ent (including the :overn"ent of the -tate of Ja""u M Kash"ir) or against a public officer in respect of any










act purporting to be done by such officer in his official capacity until the expiration of to "onths next after notice in

riting has been delivered to or left at the office of—

(a) in the case of a suit against the Central :overn"ent except here it relates to a railay a -ecretary to that

:overn"ent?

(b) in the case of a suit against the Central :overn"ent here it relates to railay the :eneral anager of that railay?

(bb) in the case of a suit against the :overn"ent of the -tate of Ja""u and Kash"ir the Chief -ecretary to that

:overn"ent or any other officer authorised by that :overn"ent in this behalf?

(c) in the case of a suit against any other -tate :overn"ent a -ecretary to that :overn"ent or the Collector of thedistrict?

and in the case of a public officer delivered to hi" or left at this office stating the cause of action the na"e

description and place of residence of the plaintiff and the relief hich he clai"s? and the plaint shall contain a state"ent

that such notice has been so delivered or left.

#8$% #(6) suit to obtain an urgent or i""ediate relief against the :overn"ent (including the :overn"ent of the -tate

of Ja""u M Kash"ir) or any public officer in respect of any act purporting to be done by such public officer in hisofficial capacity "ay be instituted ith the leave of the Court ithout serving any notice as re*uired by sub7section

(5)? but the Court shall not grant relief in the suit hether interi" or otherise except after giving to the :overn"ent

or public officer as the case "ay be a reasonable opportunity of shoing cause in respect of the relief prayed for in the

suit 4

Arovided that the Court shall if it is satisfied after hearing the parties that no urgent or i""ediate relief need begranted in the suit return the plaint for presentation to it after co"plying ith the re*uire"ents of sub7section (5).

(>) /o suit instituted against the :overn"ent or against a public officer in respect of any act purporting to be done by

such public officer in his official capacity shall be dis"issed "erely by reason of any error or defect in the notice

referred to in sub7section (5) if in such notice—

(a) the na"e description and the residence of the plaintiff had been so given as to enable the appropriate authority or

the public officer to identify the person serving the notice and such notice had been delivered or left at the office of theappropriate authority specified in sub7section (5) and

(b) the cause of action and the relief clai"ed by the plaintiff had been substantially indicated.%

-TT& &/0&/T-

adhya Aradesh — (i) fter sub7section (>) of -ection < the folloing inserted4

1(@) here in a suit or proceeding referred to in Rule >= of Brder 5 the state is joined as a defendant or non applicant or

here the Court orders joinder of the -tate as defendant or non applicant in exercise of poers under Rule 5(6) of

order 5 such suit or proceeding shall not be dis"issed by reasons of B"ission of the plaintiff or applicant to issue notice

under sub7section (5)1.

(ii) 'n sub7section (5) of section < for the ords 1sub7section (6)1 substitute 1sub7section (6) or (@)1.

#.A. ct /o. 69 of 59@<%.

<5. &xe"ption fro" arrest and personal appearance— 'n a suit instituted against a public officer in respect of any act purporting to be done by hi" in his official capacity—

(a) the defendant shall not be liable to arrest nor his property to attach"ent otherise than in execution of a decree and

(b) here the Court is satisfied that the defendant cannot absent hi"self fro" his duty ithout detri"ent to the publicservice it shall exe"pt hi" fro" appearing in person.

<6. &xecution of decree— #8+%(5) 2here in a suit by or against the :overn"ent or by or against a public officer in

respect of any act purporting to be done hi" in his official capacity a decree is passed against the Enion of 'ndia or a

-tate or as the case "ay be the public officer such decree shall not be executed except in accordance ith the

provisions of sub7section(6)%.

(6) &xecution shall not be issued on any such decree unless it re"ains unsatisfied for the period of three "onthsco"puted fro" the date of #8<%#such decree%.












(>) The provisions of sub7sections (5) and (6) shall apply in relation to an order or aard as they apply in relation to a

decree if the order or aard—

(a) is passed or "ade against the Enion of 'ndia or a -tate or a public officer in respect of any such act as aforesaid

hether by a Court or by any other authority? and

(b) is capable of being executed under the provisions of this code or of any other la for the ti"e being in force as if it

ere a decree.

-uits by lliens and by or against ,oreign Rulers "bassadors and &nvoys

<>. 2hen aliens "ay sue— lien ene"ies residing in 'ndia ith the per"ission of the Central :overn"ent and alienfriends "ay sue in any Court otherise co"petent to try the suit as if they ere citi!ens of 'ndia but alien ene"ies

residing in 'ndia ithout such per"ission or residing in a foreign country shall not sue in any such court.

&xplanation—&very person residing in a foreign country the :overn"ent of hich is at ar ith 'ndia and carrying on

business in that country ithout a licence in that behalf granted by the Central :overn"ent shall for the purpose of this

section be dee"ed to be an alien ene"y residing in a foreign country.

<@. 2hen foreign -tate "ay sue.— foreign -tate "ay sue in any co"petent Court4

Arovided that the object of the suit is to enforce a private right vested in the Ruler of such -tate or in any officer of such-tate in his public capacity.

<8. Aersons specially appointed by :overn"ent to prosecute or defend on behalf of foreign Rulers— (5) The Central:overn"ent "ay at the re*uest of the Ruler of a foreign -tate or at the re*uest of any person co"petent in the opinion

of the Central :overn"ent to act on behalf of such Ruler by order appoint any persons to prosecute or defend any suit

on behalf of such Ruler and any persons so appointed shall be dee"ed to be the recogni!ed agents by ho"appearances acts and applications under this Code "ay be "ade or done on behalf of such Ruler.

(6) n appoint"ent under this section "ay be "ade for the purpose of a specified suit or of several specified suits or

for the purpose of all such suits as it "ay fro" ti"e to ti"e be necessary to prosecute or defend on behalf of such Ruler.

(>) person appointed under this section "ay authorise or appoint any other persons to "a3e appearances and

applications and do acts in any such suit or suits as if he ere hi"self a party thereto.

<$. -uits against foreign Rulers "bassadors and &nvoys— (5) /o.#89% foreign -tate "ay be sued in any Court

otherise co"petent to try the suit except ith consent of the Central :overn"ent certified in riting by a -ecretary to

that :overn"ent 4

Arovided that a person "ay as a tenant of i""ovable property sue ithout such consent as aforesaid #$%#a foreign

-tate% fro" ho" he holds or clai"s to hold the property.

(6) -uch consent "ay be given ith respect to a specified suit or to several specified suits or ith respect to all suits of

any specified class or classes and "ay specify in the case of any suit or class of suits the Court in hich #$5%#the

foreign -tate% "ay be sued but it shall to be given unless it appears to the Central :overn"ent that #$6%#the foreign-tate%.

(a) has instituted a suit in the Court against the person desiring to sue #$>%#it% or

(b) #$@%#itself% or another trades ithin the local li"its of the jurisdiction of the Court or

(c) is in possession of i""ovable property situate ithin those li"its and is to be sued ith reference to such property

or for "oney charged thereon or

(d) has expressly or i"pliedly aived the privilege accorded to #$8%#it% by this section.

#$$% #(>) &xcept ith the consent of the Central :overn"ent certified in riting by a -ecretary to that govern"ent no

decree shall be executed against the property of any foreign -tate.%

(@) The proceeding provisions of this section shall apply in relation to —

#$+% #(a) any Ruler of a foreign -tate?%

#$<% #(aa)% any a"bassador or &nvoy of a foreign -tate ?

(b) any Digh Co""issioner of a Co""onealth country? and



























(c) any such "e"ber of the staff #$9%#of the foreign -tate or the staff or retinue of the "bassador% or &nvoy of a

foreign -tate or of the Digh Co""issioner of a Co""onealth country as the Central :overn"ent "ay by general or

special order specify in this behalf.

#+%#as they apply in relation to a foreign -tate%.

#+5%#(8) the folloing persons shall not be arrested under this Code na"ely 4 —

(a) any ruler of a foreign -tate?

(b) any "bassador or &nvoy of a foreign -tate?

(c) any Digh Co""issioner of a Co""onealth country?

(d) any such "e"ber of the staff of the foreign -tate or the staff or retinue of the Ruler "bassador or &nvoy of a

foreign -tate or of the Digh Co""issioner of a Co""onealth country as the Central :overn"ent "ay by general orspecial order specify in this behalf.

($) 2here a re*uest is "ade to the Central :overn"ent for the grant of any consent referred to in sub7section (5) the

Central :overn"ent shall before refusing to accede to the re*uest in hole or in part give to the person "a3ing the

re*uest a reasonable opportunity of being heard.%

<+. -tyle of foreign Rulers as parties to suits— The Ruler of a foreign -tate "ay sue and shall be sued in the na"e of

his -tate4

Arovided that in giving the consent referred to in section <$ the Central :overn"ent "ay direct that the Ruler "ay besued in the na"e of an agent or in any other na"e.

<+. 0efinitions of 1foreign -tate1 and 1Ruler1 — (5) 'n this Aart—

(a) 1foreign -tate1 "eans any -tate outside 'ndia hich has been recognised by the Central :overn"ent? and

(b) 1Ruler1 in relation to a foreign -tate "eans the person ho is for the ti"e being recogni!ed by the Central

:overn"ent to be the head of that -tate.

(6) &very Court shall ta3e judicial notice of the fact —

(a) that a state has or has not been recogni!ed by the Central :overn"ent?

(b) that a person has or has not been recogni!ed by the Central :overn"ent to be the head of a -tate.

-uits against Rulers of for"er 'ndian -tates

<+=. pplications of sections <8 and <$ to Rulers of for"er 'ndian -tates.— (5) 'n the case of any suit by or against the

Ruler of any for"er 'ndian -tate hich is based holly or in part upon a cause of action hich arose before the

co""ence"ent of the Constitution or any proceedings arising out of such suit the provisions of section <8 and sub7

sections (5) and (>) of section <$ shall apply in relation to such Ruler as they apply in relation to the Ruler of a foreign-tate.

(6) 'n this section—

(a) 1for"er 'ndian -tate1 "eans any such 'ndian -tate as the Central :overn"ent "ay by notification in the Bfficial

:a!ette specify for the purposes of this?

(b) 1co""ence"ent of the Constitution1 "eans the 6$th day of January 598? and

(c) 1Ruler1 in relation to a for"er 'ndian -tate has the sa"e "eaning as in article >$> of the Constitution.R'nterpleader

<<. 2here interpleader suit "ay be reinstituted— 2here to or "ore persons clai" adversely to one another the sa"e

debts su" of "oney or other property "ovable or i""ovable fro" another person ho clai"s no interest therein

other than for charges or costs and ho is ready to pay or deliver it to the rightful clai"ant such other person "ayinstitute a suit of interpleader against all the clai"ants for the purpose of obtaining a decision as to the person to ho"

the pay"ent or delivery shall be "ade and of obtaining inde"nity for hi"self4

Arovided that here any suit is pending in hich the rights of all parties can properly be decided no such suit of

interpleader shall be instituted.









PART *&SPECIA# PROCEEDINS

rbitration

<9. #rbitration.% Rep. by the rbitration ct 59@ (5 of 59@) s. @9 and -ch. '''

-pecial case

9. Aoer to state case for opinion of Court— 2here any person agree in riting to state a case for the opinion of the

Court then the Court shall try and deter"ine the sa"e in the "anner prescribed.

[72]#Aublic nuisances and other rongful acts affecting the public%

95. Aublic nuisances and other rongful acts affecting the public.— #+>%#(5) in the case of a public nuisance or other

rongful act affecting or li3ely to affect the public a suit for a declaration and injunction or for such other relief as"ay be appropriate in the circu"stances of the case "ay be instituted—

(a) by the dvocate :eneral or

(b) ith the leave of the Court by to or "ore persons even though no special da"age has been caused to such persons by reason of such public nuisance or other rongful act.%

(6) /othing in this section shall be dee"ed to li"it or otherise affect any right of suit hich "ay exist independently

of its provisions.

96. Aublic charities— (5) 'n the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature or here the direction of the Court is dee"ed necessary for the

ad"inistration of any such trust the dvocate7:eneral or to or "ore persons having an interest in the trust andhaving obtained the #+@%#leave of the Court% "ay institute a suit hether contentious or not in the principal Civil Court

of original jurisdiction or in any other Court e"poered in that behalf by the -tate :overn"ent ithin the local li"its

of hose jurisdiction the hole or any part of the subject7"atter of the trust is situate to obtain a decree—

(a) re"oving any trustee?

(b) appointing a ne trustee?

(c) vesting any property in a trustee?

(cc) directing a trustee ho has bee re"oved or a person ho has ceased to be a trustee to deliver possession of any

trust property in his possession to the person entitled to the possession of such property?

(d) directing accounts and in*uires?

(e) declaring hat proportion of the trust property or of the interest therein shall be allocated to any particular object ofthe trust?

(f) authori!ing the hole or any part of the trust property to be let sold "ortgaged or exchanged?

(g) settling a sche"e? or

(h) granting such further or other relief as the nature of the case "ay re*uire.

(6) -ave as provided by the Religious &ndo"ents ct 5<$> (6 of 5<$>) or by any corresponding la in force in the

territories hich i""ediately before the 5st /ove"ber 598$ ere co"prised in Aart = -tates no suit clai"ing any of

the reliefs specified in sub7section (5) shall be instituted in respect of any such trust as is therein referred to except in

confor"ity ith provisions of that sub7section.

#+8% #(>) The Court "ay alter the original purposes of an express or constructive trust created for public purposes of acharitable or religious nature and allo the property or inco"e of such trust or any portion thereof to be applied cy press

in one or "ore the folloing circu"stances na"ely4—

(a) here the original purposes of the trust in hole or in part—

(i) have been as far as "ay be fulfilled? or

(ii) cannot be carried out at all or cannot be carried out according to the directions given in the instru"ent creating the

trust or here there is no such instru"ent according to the spirit of the trust?













(b) here the original purposes of the trust provide a use for a part only of the property available by virtue of the trust?

or

(c) here the property available by virtue of the trust and other property applicable for si"ilar purposes can be "ore

effectively used in conjunction ith and to that end can suitably be "ade applicable to any other purpose regard being

had to the spirit of the trust and its applicability to co""on purposes? or

(d) here the original purposes in hole or in part ere laid don by reference to an area hich then as but has

since ceased to be a unit for such purposes? or (ii) ceased as being useless or har"ful to the co""unity or

(iii) ceased to be in la charitable or

(iv) ceased in any other ay to provide a suitable and effective "ethod of using the property available by virtue of the

trust regard being had to the spirit of the trust.%

-TT& &/0&/T-

Ettar Aradesh— fter clause (b) of sub7section (5) of section 96 insert the folloing4

1(bb) for delivery of possession of any trust property against a person ho has ceased to be trustee or has been

re"oved1.

#E.A. ct /o. 6@ of 598@%.

9>. &xercise of poers of dvocate7:eneral outside presidency7tons— The poers conferred by sections 95 and 96

on the dvocate7:eneral "ay outside the presidency7tons be ith the previous sanction of the -tate :overn"entexercised also by the Collector or by such officer as the -tate :overn"ent "ay appoint in this behalf.

PART *I&S'PP#E$ENTA# PROCEEDINS

,4. Supplemental &roceedingsI (n order to prevent the ends of Gustice from eing defeated the Court ma!if it is to prescriedI

>a? issue a warrant to arrest the defendant and ring him efore the Court to show cause wh! he should notgive securit! for his appearance and if he fails to compl! with an! order for securit! commit him to the civilprison;

>? direct the defendant to furnish securit! to produce an! propert! elonging to him and to place the same atthe disposal of the Court or order the attachment of an! propert!;

>c? grant a temporar! inGunction and in case of disoedience commit the person guilt! thereof to the civilprison and order that his propert! e attached and sold;

>d? appoint a receiver of an! propert! and enforce the performance of his duties ! attaching and selling hispropert!;

>e? maFe such other interlocutor! orders as ma! appear to the Court to e Gust and convenient.

,. Compensation for otaining arrest attachment or inGunction on insufficient groundsI Where in an! suitin which an arrest or attachment has een effected or a temporar! inGunction granted under the lastpreceding sectionI

>a? it appears to the Court that such arrest attachment or inGunction was applied for on insufficient groundsor

>? the suit of the plaintiff fails and it appears to the Court that there was no reasonale or proale groundsfor instituting the same

the defendant ma! appl! to the Court and the Court ma! upon such application award against the plaintiff! its order such amount not exceeding one thousand rupees as it deems a reasonale compensation tothe defendant for the @32@expense or inGur! >including inGur! to reputation? caused to him;

&rovided that a Court shall not award under this section an amount exceeding the limits of its peculiar Gurisdiction.






>9? An order determining an! such application shall ar an! suit for compensation in respect of such arrestattachment or inGunction.

PART *II&APPEA#S

Appeals from original decrees

,2. Appeal from original decreeI >$? Save where otherwise expressl! provided in the od! of this Code or! an! other law for the time eing in force an appeal shall lie from ever! decree passed ! an! Court

exercising original Gurisdiction the Court authoried to hear appeals from the decisions of such Court.

>9? An appeal ma! lie from an original decree passed ex parte.

>-? *o appeal shall lie from a decree passed ! the Court with the consent of parties.

@33 @>4? *o appeal shall lie except on a Duestion of law from a decree in an! suit of the nature cognisale! Courts of Small Cause when the amount or value of the suGect#matter of the original suit does notexceed three thousand rupees.

,3. Appeal from final decree where no appeal from preliminar! decreeI Where an! part! aggrieved ! apreliminar! decree passed after the commencement of this Code does not appeal from such decree he shalle precluded from dispating its correctness in an! appeal with ma! e preferred from the final decree.

,%. 7ecision where appeal heard ! two or more JudgesI >$? Where an appeal is heard ! a =ench of two

or more Judges the appeal shall e decided in accordance with the opinion of such Judges or of the maGorit!>if an!? of such Judges.

>9? Where there is no such maGorit! which concurs in a Gudgment var!ing or reversing the decree appealedfrom such decree shall e confirmed "

&rovided that where the =ench hearing the appeal is @3%@composed of two or other even numer of Judgeselonging to a Court consisting of more Judges than those constituting the =ench and the Judgescomposing the =ench differ in opinion on a point of law the! ma! state the point of law upon which the! differ and the appeal shall then e heard upon that point onl! ! one or more of the other Judges and such pointshall e decided according to the opinion of the maGorit! >if an!? of the Judges who have heard the appealincluding those who first heard it.

>-? *othing in this section shall e deemed to alter or otherwise affect an! provision of the letters patent ofan! High Court.

,,. *o decree to e reversed or modified for error or irregularit! not affecting merits or GurisdictionI *odecree shall e reversed or sustantiall! varied nor shall an! case e remanded in appeal on account of an!misGoinder @3,@or non#Goinder of parties or causes of action or an! error defect or irregularit! in an!proceedings in the suit not affecting the merits of the case or the Gurisdiction of the Court.

@%<@&rovided that nothing in this section shall appl! to non#Goinder of a necessar! part!.

@%$@,,A. *o order under section 43 to e refused or modified unless decision of the case is preGudiciall!affectedI Without preGudice to the generalit! of the provisions of section ,, no order under section 43 shalle reversed or sustantiall! varied on account of an! error defect or irregularit! in an! proceeding relating tosuch order unless such error defect or irregularit! has preGudiciall! affected the decision of the case.

Appeals from appellate decrees

@%9@$<<. Second appealI >$? Save as otherwise expressl! provided in the od! of this Code or ! an! other law for the time eing in force an appeal shall lie to the High Court from ever! decree passed in appeal !an! Court suordinate to the High Court if the High Court is satisfied that the case involves a sustantialDuestion of law.

>9? An appeal ma! lie under this section from an appellate decree passed ex parte.

>-? (n an appeal under this section the memorandum of appeal shall precisel! state the sustantial Duestionof law involved in the appeal.

>4? Where the High Court is satisfied that a sustantial Duestion of law is involved in an! case it shallformulate that Duestion.




















>? 0he appeal shall e heard on the Duestion so formulated and the respondent shall at the hearing of theappeal e allowed to argue that the case does not involve such Duestion "

&rovided that nothing in this su#section shall e deemed to taFe awa! or aridge the power of the Court tohear for reasons to e recorded the appeal on an! other sustantial Duestion of law not formulated ! it if itis satisfied that the case involves such Duestion.

@%-@$<<A. *o further appeal in certain casesI *otwithstanding an!thing contained in an! 'etters &atent for

an! High Court or in an! other instrument having the force of law or in an! other law for the time eing inforce where an! appeal from an appellate decree or order is heard and decided ! a single Judge of a HighCourt no further appeal shall lie from the Gudgment decision or order or such single Judge in such appeal orfrom an! decree passed in such appeal.

$<$. Second appeal on no other groundsI *o second appeal shall lie except on the ground mentioned insection $<<.

$<9. *o second appeal in certain suitsI *o second appeal shall lie in an! suit of the nature cogniale !Courts of Small Causes when the amount or value of the suGect#matter of the original suit does not exceed@%4@three thousand rupees.

@%@$<-. &ower of High Court to determine issues of factI (n an! second appeal the High Court ma! if theevidence on the record is sufficient determine an! issue necessar! for the disposal of the appealI

>a? which has not een determined ! the lower Appellate Court or oth ! the Court of first instance and thelower Appellate Court or

>? which has een wrongl! determined ! such Court or Courts reason of a decision on such Duestion of lawas is referred to in section $<<.

Appeals from orders

$<4. 6rders from which appeal liesI >$? An appeal shall lie from the following orders and save as otherwiseexpressl! provided in the od! of this Code or ! an! law for the time eing in force from no other orders"I

@Clauses >a? to >f? omitted

>ff? an order under section -A;

@%2 @>ffa? an order under section ,$ or section ,9 refusing leave to institute a suit of the nature referred to insection ,$ or section ,9 as the case ma! e;

>g? an order under section ,;

>h? an order under an! of the provisions of this Code imposing a fine or directing the arrest or detention in thecivil prison of an person except where such arrest or detention is in execution of a decree;

>i? an! order made under rules from which an appeal is expressl! allowed ! rules;

&rovided that not appeal shall lie against an! order specified in clause >ff? save on the ground that no orderor an order for the pa!ment of a less amount ought to have een made.

>9? *o appeal shall lie from an! order passed in appeal under this section.

$<. 6ther ordersI >$? Save as otherwise expressl! provided no appeal shall lie from an! order made ! a

Court in the exercise of its original or appellate Gurisdiction; ut where a decree is appealed from an! errordefect or irregularit! in an! order affecting the decision of the case ma! e set forth as ground of oGectionin the memorandum of appeal.

>9? *otwithstanding an!thing contained in su#section >$? where an! part! aggrieved ! an order of remand@%3 from which an appeal lies does not appeal therefrom he shall thereafter e precluded fromdisputing its correctness.

$<2. What Courts to hear appealsI Where an appeal from an! order is allowed it shall lie to the Court towhich an appeal would lie from the decree in the suit in which such order was made or where such order ismade ! a Court >not eing a High Court? in the exercise of appellate Gurisdiction then to the High Court.

















1eneral provisions relating to appeals

$<3. &owers of Appellate CourtI >$? SuGect to such conditions and limitations as ma! e prescried an Appellate Court shall have powerI

>a? to determine a case finall!;

>? to remand a case;

>c? to frame issues and refer them for trial;

>d? to taFe additional evidence or to reDuire such evidence to e taFen.

>9? SuGect as aforesaid the Appellate Court shall have the same powers and shall perform as nearl! as ma!e the same duties as are conferred and imposed ! this Code on Courts of original Gurisdiction in respect ofsuits instituted therein.

$<%. &rocedure in appeals from appellate decrees and ordersI 0he provisions of this &art relating toappeals from original decree shall so far as ma! e appl! to appealsI

>a? from appellate decrees and

>? from orders made under this Code or under an! special or local law in which a different procedure is notprovided.

Appeals to the Supreme Court

$<,. When appeals lie to the Supreme CourtI SuGect to the provisions in Chapter (8 of &art 8 of theConstitution and such rules as ma! from time to time e made ! the Supreme Court regarding appealsfrom the Courts of (ndia and to the provisions hereinafter contained an appeal shall lie to the SupremeCourt from an! Gudgment decree or final order in a civil proceeding of a High Court if the High Court certifiesI

>i? that the case involves a sustantial Duestion of law of general importance; and

>ii? that in the opinion of the High Court the said Duestion needs to e decided ! the Supreme Court.

$$<. @8alue of suGect matters Rep. ! the Code of Civil &rocedure >Amendment? Act $,3- >4, of $,3-?.

$$$. @=ar of certain appeals Rep. ! the A.6. $,<.

$$$A. @Appeals to :ederal Court Rep. ! the :ederal Court Act $,4$ >9$ of $,4$?.

$$9. SavingsI >$? *othing contained in this Code shall e deemedI

>a? to affect the powers of the Supreme Court under article $-2 or an! other provision of the Constitution or

>? to interfere with an! rules made ! the Supreme Court and for the time eing in force for thepresentation of appeals to that Court or their conduct efore that Court.

>9? *othing herein contained applies to an! matter of criminal or admiralt! or vice#admiralt! Gurisdiction or toappeals from orders and decrees of &rie Courts.

PART *III&RE+ERENCE, RE*IE AND RE*ISION

$$-. Reference to High CourtI SuGect to such conditions and limitations as ma! e prescried an! Courtma! state a case and refer the same for the opinion of the High Court and the High Court ma! maFe suchorder thereon as it thinFs fit "

&rovided that where the Court is satisfied that a case pending efore it involves a Duestion as to the validit!of an! Act 6rdinance or Regulation or of an! provision contained in an Act 6rdinance or Regulation thedetermination of which is necessar! for the disposal of the case and is of opinion that such Act 6rdinanceRegulation or provision is invalid or inoperative ut has not een so declared ! the High Court to which thatCourt is suordinate or ! the Supreme Court the Court shall state a case setting out its opinion and thereasons therefor and refer the same for the opinion of the High Court.



Explanation.I(n this section Regulation means an! Regulation of the =engal =oma! or )adras Code orRegulation as defined in the 1eneral Clauses Act $%,3 >$< of $%,3? or in the 1eneral Clauses Act of aState.

S0A0E A)E*7)E*0S

Andhra &radeshI (n the Explanation to section $$- after the words an! Regulation of the =engal =oma!or )adras Code insert the words or an! Regulation of the )adras Code in force in the State of Andhra as it

existed immediatel! efore the $st *ov. $,2.@Andhra Adoption of 'aws >Amendment? orders of $,4 and $,3.

0amilnaduI (n the Explanation to section $$- after the words an! Regulation of the =engal =oma! or)adras Code insert the words or an! Regulation of the )adras Code in force in the territories specified inSecond Schedule to the Andhra &radesh and )adras >Alteration of =oundaries? Act $,,

@)adras Added 0erritories Adaptation of 'aws 6rder $,2$.

/nion 0erritor! of &ondicherr!I Some as in 0amil *adu >Act *o. 4, of $,29?.

$$4. ReviewI SuGect as aforesaid an! person considering himself aggrievedI

>a? ! a decree or order from which an appeal is allowed ! this Code ut from which no appeal has eenpreferred

>? ! a decree or order from which no appeal is allowed ! this Court or

>c? ! a decision on a reference from a Court of Small Causes ma! appl! for a review of Gudgment to theCourt which passed the decree or made the order and the Court ma! maFe such order thereon as it thinFsfit.

$$. RevisionI @%%@>$? 0he High Court ma! call for the record of an case which has een decided ! an!Court suordinate to such High Court and in which no appeal lies thereto and if such suordinate CourtappearsI

>a? to have exercised a Gurisdiction not vested in it ! law or

>? to have failed to exercise a Gurisdiction so vested or

>c? to have acted in the exercise of its Gurisdiction illegall! or with material irregularit!

the High Court ma! maFe such order in the case as it thinFs fit "

@%, @&rovided that the High Court shall no under this section var! or reverse an! order made or an! orderdeciding an issue in the course of a suit or other proceeding except whereI

>a? the order if it had een made in favour of the part! appl!ing for revision would have finall! disposed ofthe suit or other proceedings or

>? the order if allowed to stand would occasion a failure of Gustice or cause irreparale inGur! to the part!against whom it was made.

@,< @>9? 0he High Court shall not under this section var! or reverse an! decree or order against which anappeal lies either to the High Court or to an! Court suordinate thereto.

Explanation.I(n this section the expression an! case which has een decided includes an! order madeor an! order deciding an issue in the course of a suit or other proceeding.

S0A0E A)E*7)E*0S

)adh!a &radeshI :or Section $$ of the principal Act the following Section sustituted.

$$. Revision.I 0he High Court ma! call for the record of an! cases which has een decided ! an! Courtsuordinate to such High Court and in which no appeal lies thereto and if such suordinate Court appearsI

>a? to have exercised a Gurisdiction not vested in it ! law; or

>? to have failed to exercise a Gurisdiction so vested; or












>c? to have acted in the exercise of its Gurisdiction illegall! or with material irregularit! the High Court ma!maFe such order in the case as it thinFs fit;

&rovided that the High Court shall not under this section var! or reverse an! order made or an! orderdeciding an issue in the course of a suit or other proceedings except where"I

>a? the order if it had een made in favour of the part! appl!ing for the revision would have finall! disposedof the suit or proceeding; or

>? the order if allowed to stand would occasion a failure of Gustice or cause irreparale inGur! to the part!against whom it was made.

>9? 0he High Court shall not under this section var! or reverse an! decree or order against which an appeallies either to the High Court or to an! court suordinate thereto.

Explanation.I (n this section the expression an! case which has een decided includes an! order madeor an! order deciding an issue in the course of a suit or other proceeding.

@).&. Act 4 of $,,4.

6rissa.I (n its application to the State of 6rissa for section $$ sustitute the following"I

$$. Revision.I 0he High Court in cases arising out of original suits or other proceedings of the valueexceeding one laFh rupees and the 7istrict Court in an! other case including a case arising out of an

original suit or other proceedings instituted efore the commencement of the Code of Civil &rocedure >6rissa Amendment? Act $,,$ ma! call for the record of an! case which has een decided ! an! Courtsuordinate to the High Court or the 7istrict Court as the case ma! e and in which no appeal lies theretoand if such suordinate Court appearsI



>c? to have acted in the exercise of its Gurisdiction illegall! or with material irregularit! the High Court or the7istrict Court as the case ma! e ma! maFe such order in the case as it thinFs fit;

&rovided that in respect of cases arising out of original suits or other proceedings of an! valuation decided !the 7istrict Court the High Court alone shall e competent to maFe an order under this section"

&rovided further that the High Court or the 7istrict Court shall not under this section var! or reverse an!order including an order deciding an issue made in the course of a suit or other proceedings except whereI

>i? the order if so varied or reversed would finall! dispose of the suit or other proceedings; or

>ii? the order if allowed to stand would occasion a failure of Gustice or cause irreparale inGur! to the part!against whom it was made.

Explanation.I (n this section the expression an! case which has een decided includes an! orderdeciding an issue in the course of a suit or other proceeding.

@6rissa Act 92 of $,,$.

/ttar &radesh.I (n its application to the State of /ttar &radesh for section $$ sustitute the following"I

$$ Revision.I 0he High Court in cases arising out of original suits or other proceedings of the valueexceeding one laFh rupees or such higher amount not exceeding five laFh rupees as the High Court ma!from time to time fix ! notification pulished in the 6fficial 1aette including such suits or other proceedingsinstituted efore the date of commencement of the /.&. Civil 'aws >Amendment? Act $,,$ or as the casema! e the date of commencement of such notification and the 7istrict Court in an! other case including acase arising out of an original suit or other proceedings instituted efore such date ma! call for the record ofan! case which has een decided ! an! Court suordinate to such High Court or 7istrict Court as the casema! e and in which no appeal lies thereto and if such suordinate Court appearsI





>c? to have acted in the exercise of its Gurisdiction illegall! or with material irregularit!

the High Court or the 7istrict Court as the case ma! e ma! maFe such order in the case as it thinFs fit"

&rovided that in respect of cases arising out of original suits or other proceedings of an! valuation decided! the 7istrict Court the High Court alone shall e competent to maFe an order under this section"

&rovided further that the High Court or the 7istrict Court shall not under this section var! or reverse an!order including an order deciding an issue made in the course of a suit or other proceeding except whereI

>i? the order if so varied or reversed would finall! dispose of the suit or other proceeding; or

>ii? the order if allowed to stand would occasion a failure of Gustice or cause irreparale inGur! to the part!against whom it was made"

&rovided also that where a proceeding of the nature in which the 7istrict Court ma! call for the record andpass orders under this Section was pending immediatel! efore the relevant date of commencement referredto aove in the High Court such Court shall proceed to dispose of the same.

Explanation.I (n this section the expression an! case which has een decided includes an! orderdeciding an issue in the course of a suit or other proceeding.

@/.&. Acts -$ of $,3% and $3 of $,,$

West =engalI After Section $$ of the Code the following section $$A inserted"

$$A. 7istrict CourtKs powers of revisionI >$? A 7istrict Court ma! exercise all or an! of the power whichma! e exercised ! the High Court under section $$.

>9? Where an! proceedings ! wa! of revision is commenced efore a 7istrict Court in pursuance of theprovision of su#section >$? the provisions of section $$ shall so for as ma! e appl! to such proceedingand references to the said section 2< the High Court shall e construed as reference to the 7istrict Court.

>-? Where an! proceeding for revision is commenced efore the 7istrict Court the decision of the 7istrictCourt on such proceeding shall e final and no further proceeding ! wa! of revision shall e entertained !the High Court or an! other Court.

>4? (f an! application for revision has een made ! an! part! either to the High Court under section $$ or tothe 7istrict Court under this section no further application ! the same part! shall e entertained ! the other of them.

>? A Court of an Additional Judge shall have and ma! exercise all the powers of a 7istrict Court under thissection in respect of an! proceeding which ma! e transferred to it ! or under an! general or special orderof the 7istrict Court

@West =engal Act *o. $ of $,%%.

PART I)&SPECIA# PRO*ISIONS RE#ATIN TO T-E -I- CO'RTS NOT BEIN T-E CO'RT O+ A.'DICIA# CO$$ISSIONER

$$2. &art to appl! onl! to certain High CourtsI 0his &art applies onl! to High Courts not eing the Court of aJudicial Commissioner.

$$3. Application of Code to High Court.I Save as provided in this &art or in &art 5 or in rules the provisionsof this Court shall appl! to such High Courts.

$$%. Execution of decree efore ascertainment of costsI Where an! such High Court considers it necessar!that a decree passed in the exercise of its original civil Gurisdiction should e executed efore the amount ofthe costs incurred in the suit can e ascertained ! taxation the Court ma! order that the decree shall eexecuted forthwith except as to so much thereof as relates to the costs;

and as to so much thereof as relates to the costs that the decree ma! e executed as soon as the amountof the costs shall e ascertained ! taxation.



$$,. /nauthoried persons not to address CourtI *othing in this Code shall e deemed to authorie an!person on ehalf of another to address the Court in the exercise of its original civil Gurisdiction or to examinewitnesses except where the Court shall have in the exercise of the power conferred ! its charter authoriedhim so to do or to interfere with the power of the High Court to maFe rules concerning advocates vaFils andattorne!s.

$9<. &rovisions not applicale to High Court in original civil GurisdictionI >$? 0he following provisions shallnot appl! to the High Court in the exercise of its original civil Gurisdiction namel! sections $2 $3 and 9<.

PART )&R'#ES

$9$. Effect of rules in :irst ScheduleI 0he rules in a :irst Schedule shall have effect as if enacted in theod! of this Code until annulted or altered in accordance with the provisions of this &art.

$99. &ower of certain High Courts to maFe rulesI High Courts not eing the Court of a JudicialCommissioner ma! from time to time after previous pulication maFe rules regulating their own procedureand the procedure of the Civil Courts suGects to their superintendence and ma! e such rules annul alter or add to all or an! of the rules in the :irst Schedule.

$9-. Constitution of Rule Committees in certain StatesI >$? A committee to e called the Rule Committeeshall e constituted at the town which is the usual place of sitting of each of the High Courts referred to in

section $99.

>9? Each such Committee shall consist of the following persons namel!I

>a? three Judges of the High Court estalished at the town at which such Committee is constituted one ofwhom at least has served as a 7istrict Judge or a 7ivisional Judge for three !ears

>? two legal practitioners enrolled in that Court

>c? a Judge of a Civil Court suordinate to the High Court@,$

@,9

>-? 0he memers of each such Committee shall e appointed ! the @,-@High Court which shall alsonominate one of their numer to e &resident "

@,4

>4? Each memer of an! such Committee shall hold office for such period as ma! e prescried ! the @,@High Court in this ehalf; and whenever an! memer retires resigns dies or ceases to reside in the State inwhich the Committee was constituted or ecomes incapale of acting as a memer of the Committee thesaid @,2@High Court ma! appoint another person to e a memer in his stead.

>? 0here shall e a secretar! to each such Committee who shall e appointed ! the @,3@High Court andshall receiver such remuneration as ma! e provided in this ehalf ! the State 1overnment.

S0A0E A)E*7)E*0S

Assam and *agalandI Sustitute the following for clause >a? su#section >9? of section $9-.

>a? three Gudges of the High Court estalished at the town at which such committee is constituted providedthat the Chief Justice ma! appoint onl! two Gudges of the High Court on the Committee if the numer ofJudges of the High Court does not exceed three

@Assam Act *o. 8((( of $,-.

0amil *aduI (n section $9- su#section >9?.

>a? (n clause >? for the words Ltwo legal practitionersK sustitute the words Lthree legal practitionersK.

>? 6mit the words L)adrasK in clause >d?.

@0amil *adu Act *o. $ of $,3<.



















$94. Committee to report to High Court.I Ever! Rule Committee shall maFe a report to the High Courtestalished at the town at which it is constituted on an! proposal to annul alter or add to the rules in the :irstSchedule or to maFe new rules and efore maFing an! rules under section $99 the High Court shall taFesuch report into consideration.

$9. &ower of other High Courts to maFe rulesI High Courts other than the Courts specified in section $99ma! exercise the powers conferred ! that section in such manner and suGect to such conditions as theState government ma! determine"

&rovided that an! such High Court ma! after previous pulication maFe a rule extending within the locallimits of its Gurisdiction an! rules which have een made ! an! other High Court.

$92. Rules to e suGect to approvalI Rules made under the foregoing provisions shall e suGect to theprevious approval of the 1overnment of the State in which the Court whose procedure the rules regulate issituate or if that Court is not situate in an! State to the previous approval of Central 1overnment.

$93. &ulication of rulesI Rules so made and approved shall e pulished in the 6fficial 1aette and shallfrom the date of pulication or from such other date as ma! e specified have the same force and effectwithin the local limits of the Gurisdiction of the High Court which made them as if the! had een contained inthe :irst Schedule.

$9%. )atters for which rules ma! provideI >$? Such rules shall e not inconsistent with the provisions in theod! of this Code ut suGect thereto ma! provide for an! matters relating to the procedure of Civil Courts.

>9? (n particular and without preGudice to the generalit! of the powers conferred ! su#section >$? such rulesma! provide for all or an! of the following matters namel! "I

>a? the service of summons notices and other processes ! post or in an! other manner either generall! orin an! specified areas and the proof of such service;

>? the maintenance and custod! while under attachment of live#stocF and other movale propert! the feespa!ale for such maintenance and custod! the sale of such live#stocF and propert! and the proceeds ofsuch sale;

>c? procedure in suits ! wa! of counterclaim and the valuation of such suits for the purposes of Gurisdiction;

>d? procedure in garnishee and charging order either in addition to or in sustitution for the attachment andsale of dets;

>e? procedure where the defendant claims to e entitled to contriution or indemnit! over against an! personwhether a part! tot he suit or not;

>f? summar! procedureI

>i? in suits in which the plaintiff seeFs onl! to recover a det or liDuidated demand in mone! pa!ale ! thedefendant with or without interest arisingI

on a contract express or implied; or

on an enactment where the sum sought to e recovered is a fixed sum of mone! or in the nature of a detother than a penalt!; or

on a guarantee where the claim against the principal is in respect of a det or a liDuidated demand onl!; or

on trust; or

>ii? in suits for the recover! of immovale propert! with or without claim for rent or mesne profits ! alandlord against a tenant whose term has expired or has een dul! determined ! notice to Duit or hasecome liale to forfeiture for non# pa!ment of rent or against persons claiming under such tenant;

>g? procedure ! wa! of originating summons;

>h? consolidation of suits appeals and other proceedings;

>i? delegation to an! Registrar &rothonotar! or )aster or other official of the Court of an! Gudicial Duasi# Gudicial and non#Gudicial duties; and



>G? all forms registers ooFs entries and accounts which ma! e necessar! or desirale for the transactionof the usiness of Civil Courts.

$9,. &ower of High Court to maFe rules as to their original Civil &rocedureI *otwithstanding an!thing in thisCode an! High Court not eing the Court of a Judicial Commissioner ma! maFe such rules not inconsistentwith the 'etters &atent or order or other law estalishing it to regulate its own procedure in the exercise of itsoriginal civil Gurisdiction as it shall thinF fit and nothing herein contained shall affect the validit! of an! suchrules in force at the commencement of this Code.

$-<. &owers of other High Court to maFe rules as to matters other than procedureI A High Court not einga High Court to which section $9, applies ma! with the previous approval of the State 1overnment maFewith respect to an! matter other than procedure an! rule which a High Court for a State might under article993 of the Constitution maFe with respect to an! such matter for an! part of the territories under its

Gurisdiction which is not included within the limits of a presidenc! town.

$-$. &ulication of rulesI Rules made in accordance with section $9, or section $-< shall e pulished inthe 6fficial 1aette and shall from the date of pulication or from such other date as ma! e specified havethe force of law.

PART )I&$ISCE##ANEO'S

$-9. Exemption of certain women from personal appearanceI >$?Women who according to the customsand manners of the countr! ought not to e compelled to appear in pulic shall e exempt from personal

appearance in Court.

>9? *othing herein contained shall e deemed to exempt such women from arrest in execution of civilprocess in an! case in which the arrest of women is not prohiited ! this Code.

$--. Exemption of other personsI >$?0he following persons shall e entitled to exemption from personalappearance in Court namel!I

>i? the &resident of (ndia;

>ii? the 8ice#&resident of (ndia;

>iii? the SpeaFer of the House of the &eople;

>iv? the )inisters of the /nion;

>v? the Judges of the Supreme Court;

>vi? the 1overnors of States and the administrators of /nion 0erritories;

>vii? the SpeaFers of the State 'egislative Assemlies;

>viii? the Chairman of the State 'egislative Councils;

>ix? the )inisters of States;

>x? the Judges of the High Courts; and

>xi? the persons to whom section %3= applies.

@,%

>-? Where an! person claims the privilege of such exemption and it is conseDuentl! necessar! to examinehim ! commission he shall pa! the costs of that commission unless the part! reDuiring his evidence pa!ssuch costs.

$-4. Arrest other than in execution of decreeI 0he provisions of sections 3 and , shall appl! so far asma! e to all persons arrested under this Code.

$-. Exemption from arrest under civil processI >$? *o Judge )agistrate or other Gudicial officer shall eliale to arrest under civil process while going to presiding in or returning from his Court.

>9? Where an! matter is pending efore a triunal having Gurisdiction therein or elieving in good faith that ithas such Gurisdiction the parties thereto their pleader muFhtars revenue#agents and recognied agents





and their witnesses acting in oedience to a summons shall e exempt from arrest under civil process otherthan process issued ! such triunal for contempt of Court while going to or attending such triunal for thepurpose of such matter and while returning from such triunal.

>-? *othing in su#section >9? shall enale a Gudgment#detor to claim exemption from arrest under an orderfor immediate execution or where such Gudgment#detor attends to show cause wh! he should not ecommitted to person in execution of a decree.

$-A. Exemption of memers of legislative odies from arrest and detention under civil processI @,,@>$? *operson shall e liale to arrest or detention in prison under civil processI

>a? if he is a memer ofI

>i? either House of &arliament or

>ii? the legislative Asseml! or 'egislative Council of a State or

>iii? a 'egislative Asseml! of a /nion territor!

during the continuance of an! meeting of such House of &arliament or as the case ma! e of the 'egislative Asseml! or the 'egislative Council;

>? if he is a memer of an! committee ofI


>ii? the 'egislative Asseml! of a State or /nion territor! or

>iii? the 'egislative council of a State

during the continuance of an! meeting of such committee;

>c? if he is a memer ofI


>ii? a 'egislative Asseml! or 'egislative Council of a State having oth such Houses

during the continuance of a Goint sitting meeting conference or Goint committee of the Houses of &arliamentor Houses of the State 'egislature as the case ma! e

and during the fort! da!s efore and after such meeting sitting or conference.

>9? A person released from detention under su#section >$? shall suGect the provisions of the said su#sectione liale to re#arrest and to the further detention to which he would have een liale if he had noteen released under the provisions of su#section >$?.

$-2. &rocedure where person to e arrested or propert! to e attached is outside districtI >$? Where anapplication is made that an! person shall e arrested or that an! propert! shall e attached under an!provision of this Code not relating to the execution of decrees and such person resides or such propert! issituate outside the local limits of the Gurisdiction of the Court to which the application is made the Court ma!in its discretion issue a warrant of arrest or maFe an order of attachment and send to the 7istrict Courtwithin the local limits of whose Gurisdiction such person or propert! reside or is situate a cop! of the warrantor order together with the proale amount of the costs of the arrest or attachment.

>9? 0he 7istrict Court shall on receipt of such cop! and amount cause the arrest or attachment to e made! its own officers or ! a Court suordinate to itself and shall inform the Court which issued or made suchwarrant or order of the arrest or attachment.

>-? 0he Court maFing an arrest under this section shall send the person arrested to the Court ! which thewarrant of arrest was issued unless he shows cause to the satisfaction of the former Court wh! he shouldnot e sent to the later Court or unless he furnishes sufficient securit! for his appearance efore the laterCourt or for satisf!ing an! decree that ma! e passed against him ! that Court in either of which cases theCourt maFing the arrest shall release him.

>4? Where a person to e arrested or movale propert! to e attached under this section is within th locallimits of the ordinar! original civil Gurisdiction of the High Court of Judicature at :ort William in =engal or at





)adras or at =oma! the cop! of the warrant of arrest or of the order of attachment and the proaleamount of the costs of the arrest or attachment shall e sent to the Court of Small Causes of Calcutta)adras or =oma! as the case ma! e and that Court on receipt of the cop! and amount shall proceed asif it were the 7istrict Court.

$-3. 'anguage of suordinate CourtsI >$? 0he language which on the commencement of this Code is thelanguage of an! Court suordinate to a High Court shall continue to e the language of such suordinateCourt until the State 1overnment otherwise directs.

>9? 0he State 1overnment ma! declare what shall e the language of an! such Court and in what characterapplications to and proceedings in such Court shall e written.

>-? Where this Court reDuires or allows an!thing other than the recording of evidence to e done in writing inan! such Court such writing ma! e in English; ut if an! part! or his pleader is unacDuainted with English atanslation into the language of the Court shall at his reDuest e supplied to him; and the Court shall maFesuch order as it thinFs fit in respect of the pa!ment of the costs of such translation.

S0A0E A)E*7)E*0S

RaGasthanI :or su#section >-? of section $-3 sustitute the following"

>-? Wherever the code reDuires or allows an!thing other than the recording of evidence to e done in writingin an! such court such writing shall e in Hindi in 7evnagri Script with the international from of (ndian

numerals.

&rovided that the court ma! in its decretion accept such writing in England on the undertaFing of the part!filing such writing to file a Hindi translation of the same within such time as ma! e granted ! the Court andthe opposite part! shall have a cop! of such writing in Hindi.

@RaG. Act *o. 3 of $,%-.

/ttar &radeshI 0o section $-3 >-? insert the following proviso"

&rovided that with effect from such date as the State 1overnment in consultation with the High Court ma! !notification in the 1aette appoint the language of ever! Gudgment decree or order passed on made ! suchcourts or classes of courts suordinate to the High Court and in such classes of cases as ma! e specifiedshall onl! e Hindi in 7evnagri Script with the international form of (ndian numerals.

>/.&. Act *o. $3 of $,3<?.

$-%. &ower of High Court to reDuire evidence to e recorded in EnglishI >$? 0he High Court ma! !notification in the 6fficial 1aette direct with respect to an! Judge specified in the notification or fallingunder a description set forth therein that evidence in cases in which an appeal is allowed shall e taFendown ! him in the English language and in manner prescried.

>9? Where a Judge is prevented ! an! sufficient reason from compl!ing with a direction under su#section>$? he shall record the reason and cause the evidence to e taFen down in writing from his dictation in openCourt.

S0A0E A)E*7)E*0S

Assam *agaland )eghala!a 0ripura and )anipurI :or section $-% sustitute the following section"I

$-%. &ower of High Court to reDuire evidence to e record in English.I 0he High Court ma! ! notificationin the 6fficial 1aette direct with respect to an! Judge specified in the notification or falling under adescription set forth therein that in cases in which an appeal is allowed he shall taFe down or cause to etaFen down the evidence in the English language and in the form and manner prescried.

@Assam Act 9 of $,4$ State of *agaland Act 93 of $,29.

$-,. 6ath on affidavit ! whom to e administeredI (n the case of an! affidavit under this CodeI

>a? an! Court or )agistrate or

@$<< @>aa? an! notar! appointed under the *otaries Act $,9 >- of $,9?; or





>? an! officer or other person whom a High Court ma! appoint in this ehalf or

>c? an! officer appointed ! an! other Court which the State 1overnment has generall! or speciall!empowered in this ehalf

ma! administer the oath to the deponent.

S0A0E A)E*7)E*0S

/ttar &radeshI >i? for clause >? of section $-, sustitute"

>? an! person appointed in this ehalf ! a High Court or ! a district court; or

>ii? for clause >c? of section $-, sustitute"

>c? an! person appointed in this ehalf ! such other court as the State 1ovt. ma! ! general or specialorder empower in this ehalf.

@/.&. Act *o. $$ of $,%$.

$4<. Assessors in causes of salvage etc.I >$? (n an! admiralt! or vice#admiralt! cause of salvage towage or collision the Court whether it e exercising its original or its appellate Gurisdiction ma! if it thinFs fit andshall upon reDuest of either part! to such cause summon to its assistance in such manner as it ma! director as ma! e prescried two competent assessors; and such assessors shall attend and assist accordingl!.

>9? Ever! such assessor shall receive such fees for his attendance to e paid ! such of the parties as theCourt ma! direct or as ma! e prescried.

$4$. )iscellaneous proceedingsI 0he procedure provided in this Code in regard to suit shall e followed asfar as it can e made applicale in all proceedings in an! Court of civil Gurisdiction.

@$<[email protected](n this section the expression proceedings includes proceedings under 6rder (5 utdoes not include an! proceeding under article 992 of the Constitution.

$49. 6rders and notices to e in writingI All orders and notices served on or given to an! person under theprovisions of this Code shall e in writing.

$4-. &ostageI &ostage where chargeale on a notice summons or letter issued under this Code andforwarded ! post and the fee for registering the same shall e paid within a time to e fixed efore the

communications made "

&rovided that the State 1overnment ma! remit such postage or fee or oth or ma! prescrie a scale ofcourt#fees to e levied in lieu thereof.

$44. Application for restitutionI >$? Where and in so far as a decree or an order is @$<9@varied or reversed inan! appeal revision or other proceedings or is set aside or modified in an! suit instituted for the purpose theCourt which passed the decree or order shall on the application of an! part! entitled to an! enefit ! wa!of restitution or otherwise cause such restitution to e made as will so far as ma! e place the parties in theposition which the! would have occupied ut for such decree or order or @$<-@such part thereof as has eenvaried reversed set aside or modified and for this purpose the Court ma! maFe an! orders includingorders for the refund of costs and for the pa!ment of interest damages compensation and mesne profitswhich are properl! @$<4@conseDuential on such variation reversal setting aside or modification of the decreeor order.

@$< @Explanation.I:or the purposes of su#section >$? the expression Court which passed the decree ororder shall e deemed to includeI

>a? where the decree or order has een varied or reversed in exercise of appellate or revisional Gurisdictionthe Court of first instance;

>? where the decree or order has een set aside ! a separate suit the Court of first instance which passedsuch decree or order;

>c? where the Court of first instance has ceased to exist or has ceased to have Gurisdiction to execute it theCourt which if the suit wherein the decree or order was passed were instituted at the time of maFing theapplication for restitution under this section would have Gurisdiction to tr! such suit.















>9? *o suit shall e instituted for the purpose of otaining an! restitution or other relief which could eotained ! application under su#section >$?.

S0A0E A)E*7)E*0S

/ttar &radeshI Sustitute the following for su#section >$? of section $44 of the Code"

>$? Where and in so far as a decree or an order is varied or reversed in appeal revision or otherwise theCourt of first instance shall on the application of an! part! entitled to an! enefit ! wa! of restitution or

otherwise cause such restitution to e made as will so for as ma! e place the parties in the position whichthe! would have occupied ut for such decree or order or such part there of as has een varied or reversed;and for this purpose the Court ma! maFe an! orders including orders for the refused of costs and for thepa!ment of interest damages compensation and mesne profits which are properl! conseDuential on suchvariation or reversal.

@/.&. Act *o. 94 of $,4.

$4. Enforcement of liailit! of suret!I Where an! person @$<2@has furnished securit! or given a guaranteeI

>a? for the performance of an! decree or an! part thereof or

>? for the restitution of an! propert! taFen in execution of a decree or

>c? for the pa!ment of an! mone! or for the fulfilment of an! condition imposed on an! person under anorder of the Court in an! suit or in an! proceeding conseDuent thereon

@$<3@the decree or order ma! e executed in the manner therein provided for the execution of decreenamel! "I

>i? if he has rendered himself personall! liale against him to that extent;

>ii? if he has furnished an! propert! as securit! ! sale of such propert! to the extent of the securit!;

>iii? if the case falls oth under clauses >i? and >ii? then to the extent specified in those clauses

and such person shall e deemed to e a part! within the meaning of section 43 "

&rovided that such notice as the Court in each case thinFs sufficient has een given to the suret!.

S0A0E A)E*7)E*0S

/ttar &radeshI Sustitute the following for section $4;

$4. Where an! person has ecome liale as suret! or given an! propert! as securit!"

>a? for the performance of an! decree or an! part there of or

>? for the restitution of an! propert! taFen in execution of an! decree or

>c? for the pa!ment of an! mone! or for the fulfilment of an! condition imposed on an! person under anorder of the Court in an! suit or in an! proceeding ConseDuent there onI the decree or order ma! eexecuted in the manner herein provided for the execution of decrees"I

>i? if he has rendered himself personall! liale against him to that extent; and

>ii? if he has given an! propert! as securit! ! sale of such propert! to the extent of the securit!;

such person shall for the purposes of appeal e deemed to e a part! within the meaning of section 43"

&rovided that such notice as the Court in each case thinFs sufficient has een given to the suret!.

Explanation"I :or the purposes of this section a person entrusted ! a Court with custod! of an! propert!attached in execution of an! decree or order shall e deemed to have ecome liale as suret! for therestitution of such propert! within the meaning of clause >?.

@/.&. Act *o. 94 of $,4.








$42. &roceedings ! or against representativesI Save as otherwise provided ! this Code or ! an! law forthe time eing in force where an! proceeding ma! e taFen or application made ! or against an! personthen the proceeding ma! e taFen or the application ma! e made ! or against an! person claiming underhim.

$43. Consent or agreement ! persons under disailit!I (n all suits to which an! person under disailit! is apart! an! consent or agreement as to an! proceeding shall if given or made with the express leave of theCourt ! the next friend or guardian for the suit have the same force and effect as if such person were

under no disailit! and had given such consent or made such agreement.

$4%. Enlargement of timeI Where an! period is fixed or granted ! the Court for the doing of an! actprescried or allowed ! this Code the Court ma! in its discretion from time to time enlarge such periodeven though the period originall! fixed or granted ma! gave expired.

@$<%@$4%A. Right to lodge a caveatI >$? Where an application is expected to e made or has een madein a suit or proceedings instituted or aout to e instituted in a Court an! person claiming a right to appearefore the Court on the hearing of such application ma! lodge a caveat in respect thereof.

>9? Where a caveat has een lodged under su#section >$? the person ! whom the caveat has een lodged>hereinafter referred to as the caveator? shall serve a notice of the caveat ! registered postacFnowledgement due on the person ! whom the application has een or is expected to e made undersu#section >$?.

>-? Where after a caveat has een lodged under su#section >$? an! application is filed in an! suit orproceeding the Court shall serve a notice of the application on the caveator.

>4? Where a notice of an! caveat has een served on the applicant he shall forthwith furnish the caveator atthe caveatorKs expense with a cop! of the application made ! him and also with copies of an! paper ordocument which has een or ma! e filed ! him in support of the application.

>? Where a caveat has een lodged under su#section >$? such caveat shall not reman in force after theexpir! of ninet! da!s from the date on which it was lodged unless the application referred to in su#section>$? has een made efore the expir! of the said period.

$4,. &ower to maFe up deficienc! of court#feesI Where the whole or an! part of an! fee prescried for an!document ! the law for the time eing in force relating to court#fees has not een paid the Court ma! in itsdiscretion at an! stage allow the person ! whom such fee is pa!ale to pa! the whole or part as the case

ma! e of such court#fee; and upon such pa!ment the document in respect of which such fee is pa!aleshall have the same force and effect as if such fee had een paid in the first instance.

$<. 0ransfer of usinessI Save as otherwise provide where the usiness of an! Court is transferred to an!other Court the Court to which the usiness is so transferred shall have the same powers and shall performthe same duties as those respectivel! conferred and imposed ! or under this Code upon the Court fromwhich the usiness was so transferred.

$$. Saving of inherent powers of CourtI *othing in this Code shall e deemed to limit or otherwise affectthe inherent power of the Court to maFe such orders as ma! e necessar! for the ends of Gustice or toprevent ause of the process of the Court.

$9. Amendment of Gudgments decrees or ordersI Clerical or arithmetical mistaFes in Gudgments decreesor orders or errors arising therein from an! accidental slip or omission ma! at an! time e corrected ! the

Court either of its own motion or on the application of an! of the parties.$-. 1eneral power to amendI 0he Court ma! at an! time and on such terms as to costs or otherwise as itma! thinF fit amend an! defect or error in an! proceeding in a suit and all necessar! amendments shall emade of the purpose of determining the real Duestion or issue raised ! or depending on such proceeding.

@$<,@$-A. &ower to amend decree or order where appeal is summaril! dismissed.I Where an AppellateCourt dismisses an appeal under rule $$ of 6rder 5'( the power of the Court to amend under section $9the decree or order appealed against ma! e exercised ! the Court which had passed the decree or orderin the first instance notwithstanding that the dismissal of the appeal has the effect of confirming the decreeor order as the case ma! e passed ! the Court of first instance.







$-=. &lace of trial to e deemed to e open CourtI 0he place in which an! Civil Court is held for thepurpose of tr!ing an! suit shall e deemed to e an open Court to which the pulic generall! ma! haveaccess so far as the same can convenientl! contain them "

&rovided that the presiding Judge ma! if he thinFs fit order at an! stage of an! inDuir! into or trial of an!particular case that the pulic generall! or an! particular person shall not have access to or e or remainin the room or uilding used ! Court.

$4. @Saving of present right of appealI Rep. ! the Repealing and Amending Act $,9 >4% of $,9? s. 9and Sch. (.

$. @Amendment of certain ActsI Rep. ! the Repealing and Amending Act $,9 >4% of $,9? s. 9 andSch. (.

$2. @RepealsI Rep. ! the Second Repealing and Amending Act $,$4 >$3 of $,$4? s. - and Sch. ((.

$3. Continuance of orders under repealed enactments.I *otifications pulished declarations and rulesmade places appointed agreements filed scales prescried forms framed appointments made and powersconferred under Act % of $%, or under an! Code of Civil &rocedure or an! Act amending the same or underan! other enactment here! repealed shall so far as the! are consistent with this Code have the same forceand effect is if the! had een respectivel! pulished made appointed filed prescried framed andconferred under this Code and ! the authorit! empowered there! in such ehalf.

$%. Reference to Code of Civil &rocedure and other repealed enactments.I (n ever! enactment ornotification passed or issued efore the commencement of this Code in which reference is made to or to an!Charter or section of Act % of $%, or an! Code of Civil &rocedure or an! Act amending the same or an!other enactment here! repealed such reference shall so far as ma! e practicale e taFen to e made tothis Code or to its corresponding &art 6rder section or rule.

TD& CB0& B, C';'H ARBC&0ER& 59<7TD& ,'R-T -CD&0EH&

BR0&R '7ART'&- B, -E'T-

#55%#5. 2ho "ay be joined as plaintiffs— ll persons "ay be joined in one suit as plaintiffs here—

(a) any right to relief in respect of or arising out of the sa"e act or transaction or series of acts or transactions isalleged to exist in such persons hether jointly severally or in the alternative? and

(b) if such persons brought separate suits any co""on *uestion of la or fact ould arise.%

6. Aoer of Court to order separate trial— 2here it appears to the Court that any joinder of plaintiffs "ay e"barrass or

delay the trial of the suit the Court "ay put the plaintiffs to their election or order separate trials or "a3e such other

order as "ay be expedient.

#555%#>. 2ho "ay be joined as defendants— ll persons "ay be joined in one suit as defendants here—

(a) any right to relief in respect of or arising out of the sa"e act or transaction or series of acts or transactions is

alleged to exist against such persons hether jointly severally or in the alternative? and

(b) if separate suits ere brought against such persons any co""on *uestion of la or fact ould arise.%

-TT& &/0&/T-

=ihar.— 'n its application to the -cheduled reas in the -tate of =ihar in Brder ' Rule > folloing proviso added4—

1Arovided that in suits for declaration of title or for possession relating to i""ovable properties of a "e"ber of the

-cheduled Tribes as specified in Aart ''' to the -chedule to the Constitution (-cheduled Tribes) Brder 598 the 0eputyCo""issioner concerned shall also be joined as a defendant.1

#=ihar -cheduled reas Regulation 59$9%.

#556%#>. Aoer to order separate trials here joinder of defendants "ay e"barrass or delay trial— 2here it appears to

the Court that any joinder of defendants "ay e"barrass or delay the trial of the suit the Court "ay order separate trials

or "a3e such other order as "ay be expedient in the interests of justice.%

-TT& &/0&/T-



adhya Aradesh.— 'n Brder ' of ,irst -chedule to the Arincipal ct after Rule >7 the folloing rule inserted4—

1>7=. Conditions for entertain"ent of suits.— (5) /o suit or proceeding for.—

(a) declaration of title or any right over any agricultural land ith or ithout any other relief? or

(b) specific perfor"ance of any contract for transfer of any agricultural land ith or ithout any other relief shall be

entertained by any Court unless the plaintiff or applicant as the case "ay be 3noing or having reason to believe that

a return under section 9 of the adhya Aradesh Ceiling on gricultural Doldings ct 59$ (/o. 6 of 59$) in relation

to land aforesaid has been or is re*uired to be filed by hi" or by any other person before co"petent authority appointedunder that ct has i"pleaded the -tate of adhya Aradesh as one of the defendants or non7applicants as the case "ay

be to such suit or proceeding.

(6) /o Court shall proceed ith pending suit or proceeding referred to in sub7rule (5) unless as soon as "ay be the

-tate :overn"ent is so i"pleaded as a defendant or non7applicant.

&xplanation.— The expression 1suit or proceeding1 used in this sub7rule shall include appeal reference or revision but

shall not include any proceeding for or connected ith execution of any decree or final order passed in such suit or proceeding1.

#.A. ct 69 of 59<@%.

@. Court "ay give judg"ent for or against one or "ore of joint parties.— Judg"ent "ay be given ithout any

a"end"ent—

(a) for such one or "ore of the plaintiffs as "ay be found to be entitled to relief for such relief as he or they "ay be

entitled to?

(b) against such one or "ore of the defendants as "ay be found to be liable according to their respective liabilities.

8. 0efendant need not be interested in all the relief clai"ed— 't shall not be necessary that every defendant shall be

interested as to all the relief clai"ed in any suit against hi".

$. Joinder of parties liable on sa"e contract— The plaintiff "ay at his option join as parties to the sa"e suit all or anyof the persons severally or jointly and severely liable on any one contract including parties to bills of exchange hundis

and pro"issory notes.

+. 2hen plaintiff in doubt fro" ho" redress is to be sought— 2here the plaintiff is in doubt as to the person fro"

ho" he is entitled to obtain redress he "ay join to or "ore defendants in order that the *uestion as to hich of the

defendants is liable and to hat extent "ay be deter"ined as beteen all parties.

#55>%#<. Bne person "ay sue or defend on behalf of all in sa"e interest— (5) 2here there are nu"erous persons havingthe sa"e interest in one suit—

(a) one or "ore of such persons "ay ith the per"ission of the Court sue or be sued or "ay defend such suit on

behalf of or for the benefit of all persons so interested?

(b) the Court "ay direct that one or "ore of such persons "ay sue or be sued or "ay defend such suit on behalf of or

for the benefit of all persons so interested.

(6) The Court shall in every case here a per"ission or direction is given under sub7rule (5) at the plaintiffs expense

give notice of the institution of the suit to all persons so interested either by personal service or here by reason of thenu"ber of persons or any other cause such service is not reasonably practicable by public advertise"ent as the Court

in each case "ay direct.

(>) ny person on hose behalf or for hose benefit a suit is instituted or defended under sub7rule (5) "ay apply to

the Court to be "ade a party to such suit.

(@) /o part of the clai" in any such suit shall be abandoned under sub7rule (5) and no such suit shall be ithdran

under sub7rule (>) of rule 5 of Brder FF''' and no agree"ent co"pro"ise or satisfaction shall be recorded in any

such suit under rule > of that Brder unless the Court has given at the plaintiffs expense notice to all persons sointerested in the "anner specified in sub7rule (6).

(8) 2here any person suing or defending in any such suit does not proceed ith due diligence in the suit or defence the

Court "ay substitute in his place any other person having the sa"e interest in the suit.



($) decree passed in a suit under this rule shall be binding on all persons on hose behalf or for hose benefit the

suit is instituted or defended as the case "ay be.

&xplanation.—,or the purpose of deter"ining hether the persons ho sue or are sued or defend have the sa"e

interest in one suit it is not necessary to establish that such persons have the sa"e cause of action as the person on

ho" behalf or for hose benefit they sue or are sued or defend the suit as the case "ay be.%

#55@%#<. Aoer of Court to per"it a person or body of persons to present opinion or to ta3e part in the proceedings—

2hile trying a suit the Court "ay if satisfied that a person or body of persons is interested in any *uestion of lahich is directly and substantially in issue in the suit and that it is necessary in the public interest to allo that person or

body of persons to present his or its opinion on that *uestion of la per"it that person or body of persons to present

such opinion and to ta3e part in the proceedings of the suit as the Court "ay specify.%

9. isjoinder and nonjoinder— /o suit shall be defeated by reason of the "isjoinder or nonjoinder of parties and theCourt "ay in every suit deal ith the "atter in controversy so far as regards the rights and interests of the parties

actually before it4

#558%#Arovided that nothing in this rule shall apply to nonjoinder of a necessary party.%

5. -uit in na"e of rong plaintiff— (5) 2here a suit has been instituted in the na"e of the rong person as plaintiff or

here it is doubtful hether it has been instituted in the na"e of the right plaintiff the Court "ay at any stage of the

suit if satisfied that the suit has been instituted thought a bona fide "ista3e and that it is necessary for thedeter"ination of the real "atter in dispute so to do order any other person to be substituted or added as plaintiff upon

such ter"s as the Court thin3s just.

(6) Court "ay stir3e out or add parties.—The Court "ay at any stage of the proceedings either upon or ithout the

application of either party and on such ter"s as "ay appear to the Court to be just order that the na"e of any party

i"properly joined hether as plaintiff or defendant be struc3 out and that the na"e of any person ho ought to have been joined hether as plaintiff or defendant or hose presence before the Court "ay be necessary in order to enable

the Court effectually and co"pletely to adjudicate upon and settle all the *uestions involved in the suit be added.

(>) /o person shall be added as a plaintiff suing ithout a next friend or as the next friend of a plaintiff under any

disability ithout his consent.

(@) 2here defendant added plaint to be a"ended—2here a defendant is added the plaint shall unless the Court

otherise directs be a"ended in such "anner as "ay be necessary and a"ended copes of the su""ons and of the plaint shall be served on the ne defendant and if the Court thin3s fit on the original defendant.

(8) -ubject to the provisions of the #55$%'ndian Hi"itation ct 5<++ (58 of 5<++) section 66 the proceedings as against

any person added as defendant shall be dee"ed to have begun only on the service of the su""ons.

#55+%#5. Aoer of Court to re*uest any pleader to address it— The Court "ay in its discretion re*uest any pleader to

address it as to any interest hich is li3ely to be affected by its decision on any "atter in issue in any suit or proceeding

if the party having the interest hich is li3ely to be so affected is not represented by any pleader.%

55. Conduct of suit— The Court "ay give the conduct of #55<%#a suit% to such persons as it dee"s proper.

56. ppearance of one of several plaintiffs or defendants for others— (5) 2here there are "ore plaintiffs than one anyone or "ore of the" "ay be authori!ed by any other of the" to appear plead or act for such other in any proceeding?

and in li3e "anner here there are "ore defendants than one any one or "ore of the" "ay be authori!ed by any other

of the" to appear plead or act for such other in any proceeding.

(6) The authority shall be in riting signed by the party giving it and shall be filed in Court.

5>. Bbjections as to nonjoinder or "isjoinder— ll objections on the ground of non7 joinder or "isjoinder of parties

shall be ta3en at the earliest possible opportunity and in all cases here issue are settled at or before such settle"entunless the ground of objection has subse*uently arisen and any such objection not so ta3en shall be dee"ed to have

been aived.

ORDERS

BR0&R '7ART'&- B, -E'T-

#55%#5. 2ho "ay be joined as plaintiffs— ll persons "ay be joined in one suit as plaintiffs here—



(a) any right to relief in respect of or arising out of the sa"e act or transaction or series of acts or transactions is

alleged to exist in such persons hether jointly severally or in the alternative? and

(b) if such persons brought separate suits any co""on *uestion of la or fact ould arise.%

6. Aoer of Court to order separate trial— 2here it appears to the Court that any joinder of plaintiffs "ay e"barrass or

delay the trial of the suit the Court "ay put the plaintiffs to their election or order separate trials or "a3e such other

order as "ay be expedient.

#555%#>. 2ho "ay be joined as defendants— ll persons "ay be joined in one suit as defendants here—

(a) any right to relief in respect of or arising out of the sa"e act or transaction or series of acts or transactions isalleged to exist against such persons hether jointly severally or in the alternative? and

(b) if separate suits ere brought against such persons any co""on *uestion of la or fact ould arise.%

-TT& &/0&/T-

=ihar.— 'n its application to the -cheduled reas in the -tate of =ihar in Brder ' Rule > folloing proviso added4—

1Arovided that in suits for declaration of title or for possession relating to i""ovable properties of a "e"ber of the

-cheduled Tribes as specified in Aart ''' to the -chedule to the Constitution (-cheduled Tribes) Brder 598 the 0eputy

Co""issioner concerned shall also be joined as a defendant.1

#=ihar -cheduled reas Regulation 59$9%.

#556%#>. Aoer to order separate trials here joinder of defendants "ay e"barrass or delay trial— 2here it appears to

the Court that any joinder of defendants "ay e"barrass or delay the trial of the suit the Court "ay order separate trialsor "a3e such other order as "ay be expedient in the interests of justice.%

-TT& &/0&/T-

adhya Aradesh.— 'n Brder ' of ,irst -chedule to the Arincipal ct after Rule >7 the folloing rule inserted4—

1>7=. Conditions for entertain"ent of suits.— (5) /o suit or proceeding for.—

(a) declaration of title or any right over any agricultural land ith or ithout any other relief? or

(b) specific perfor"ance of any contract for transfer of any agricultural land ith or ithout any other relief shall beentertained by any Court unless the plaintiff or applicant as the case "ay be 3noing or having reason to believe that

a return under section 9 of the adhya Aradesh Ceiling on gricultural Doldings ct 59$ (/o. 6 of 59$) in relation

to land aforesaid has been or is re*uired to be filed by hi" or by any other person before co"petent authority appointed

under that ct has i"pleaded the -tate of adhya Aradesh as one of the defendants or non7applicants as the case "ay be to such suit or proceeding.

(6) /o Court shall proceed ith pending suit or proceeding referred to in sub7rule (5) unless as soon as "ay be the

-tate :overn"ent is so i"pleaded as a defendant or non7applicant.

&xplanation.— The expression 1suit or proceeding1 used in this sub7rule shall include appeal reference or revision but

shall not include any proceeding for or connected ith execution of any decree or final order passed in such suit or

proceeding1.

#.A. ct 69 of 59<@%.

@. Court "ay give judg"ent for or against one or "ore of joint parties.— Judg"ent "ay be given ithout anya"end"ent—

(a) for such one or "ore of the plaintiffs as "ay be found to be entitled to relief for such relief as he or they "ay be

entitled to?

(b) against such one or "ore of the defendants as "ay be found to be liable according to their respective liabilities.

8. 0efendant need not be interested in all the relief clai"ed— 't shall not be necessary that every defendant shall be

interested as to all the relief clai"ed in any suit against hi".



$. Joinder of parties liable on sa"e contract— The plaintiff "ay at his option join as parties to the sa"e suit all or any

of the persons severally or jointly and severely liable on any one contract including parties to bills of exchange hundis

and pro"issory notes.

+. 2hen plaintiff in doubt fro" ho" redress is to be sought— 2here the plaintiff is in doubt as to the person fro"

ho" he is entitled to obtain redress he "ay join to or "ore defendants in order that the *uestion as to hich of thedefendants is liable and to hat extent "ay be deter"ined as beteen all parties.

#55>%#<. Bne person "ay sue or defend on behalf of all in sa"e interest— (5) 2here there are nu"erous persons havingthe sa"e interest in one suit—

(a) one or "ore of such persons "ay ith the per"ission of the Court sue or be sued or "ay defend such suit on

behalf of or for the benefit of all persons so interested?

(b) the Court "ay direct that one or "ore of such persons "ay sue or be sued or "ay defend such suit on behalf of or

for the benefit of all persons so interested.

(6) The Court shall in every case here a per"ission or direction is given under sub7rule (5) at the plaintiffs expensegive notice of the institution of the suit to all persons so interested either by personal service or here by reason of the

nu"ber of persons or any other cause such service is not reasonably practicable by public advertise"ent as the Court

in each case "ay direct.

(>) ny person on hose behalf or for hose benefit a suit is instituted or defended under sub7rule (5) "ay apply to

the Court to be "ade a party to such suit.

(@) /o part of the clai" in any such suit shall be abandoned under sub7rule (5) and no such suit shall be ithdranunder sub7rule (>) of rule 5 of Brder FF''' and no agree"ent co"pro"ise or satisfaction shall be recorded in any

such suit under rule > of that Brder unless the Court has given at the plaintiffs expense notice to all persons so

interested in the "anner specified in sub7rule (6).

(8) 2here any person suing or defending in any such suit does not proceed ith due diligence in the suit or defence the

Court "ay substitute in his place any other person having the sa"e interest in the suit.

($) decree passed in a suit under this rule shall be binding on all persons on hose behalf or for hose benefit thesuit is instituted or defended as the case "ay be.

&xplanation.—,or the purpose of deter"ining hether the persons ho sue or are sued or defend have the sa"e

interest in one suit it is not necessary to establish that such persons have the sa"e cause of action as the person on

ho" behalf or for hose benefit they sue or are sued or defend the suit as the case "ay be.%

#55@%#<. Aoer of Court to per"it a person or body of persons to present opinion or to ta3e part in the proceedings—

2hile trying a suit the Court "ay if satisfied that a person or body of persons is interested in any *uestion of lahich is directly and substantially in issue in the suit and that it is necessary in the public interest to allo that person or

body of persons to present his or its opinion on that *uestion of la per"it that person or body of persons to present

such opinion and to ta3e part in the proceedings of the suit as the Court "ay specify.%

9. isjoinder and nonjoinder— /o suit shall be defeated by reason of the "isjoinder or nonjoinder of parties and the

Court "ay in every suit deal ith the "atter in controversy so far as regards the rights and interests of the partiesactually before it4

#558%#Arovided that nothing in this rule shall apply to nonjoinder of a necessary party.%

5. -uit in na"e of rong plaintiff— (5) 2here a suit has been instituted in the na"e of the rong person as plaintiff or

here it is doubtful hether it has been instituted in the na"e of the right plaintiff the Court "ay at any stage of the

suit if satisfied that the suit has been instituted thought a bona fide "ista3e and that it is necessary for the

deter"ination of the real "atter in dispute so to do order any other person to be substituted or added as plaintiff uponsuch ter"s as the Court thin3s just.

(6) Court "ay stir3e out or add parties.—The Court "ay at any stage of the proceedings either upon or ithout the

application of either party and on such ter"s as "ay appear to the Court to be just order that the na"e of any party

i"properly joined hether as plaintiff or defendant be struc3 out and that the na"e of any person ho ought to have

been joined hether as plaintiff or defendant or hose presence before the Court "ay be necessary in order to enablethe Court effectually and co"pletely to adjudicate upon and settle all the *uestions involved in the suit be added.



(>) /o person shall be added as a plaintiff suing ithout a next friend or as the next friend of a plaintiff under any

disability ithout his consent.

(@) 2here defendant added plaint to be a"ended—2here a defendant is added the plaint shall unless the Court

otherise directs be a"ended in such "anner as "ay be necessary and a"ended copes of the su""ons and of the

plaint shall be served on the ne defendant and if the Court thin3s fit on the original defendant.

(8) -ubject to the provisions of the #55$%'ndian Hi"itation ct 5<++ (58 of 5<++) section 66 the proceedings as against

any person added as defendant shall be dee"ed to have begun only on the service of the su""ons.#55+%#5. Aoer of Court to re*uest any pleader to address it— The Court "ay in its discretion re*uest any pleader to

address it as to any interest hich is li3ely to be affected by its decision on any "atter in issue in any suit or proceeding

if the party having the interest hich is li3ely to be so affected is not represented by any pleader.%

55. Conduct of suit— The Court "ay give the conduct of #55<%#a suit% to such persons as it dee"s proper.

56. ppearance of one of several plaintiffs or defendants for others— (5) 2here there are "ore plaintiffs than one any

one or "ore of the" "ay be authori!ed by any other of the" to appear plead or act for such other in any proceeding?and in li3e "anner here there are "ore defendants than one any one or "ore of the" "ay be authori!ed by any other

of the" to appear plead or act for such other in any proceeding.

(6) The authority shall be in riting signed by the party giving it and shall be filed in Court.

5>. Bbjections as to nonjoinder or "isjoinder— ll objections on the ground of non7 joinder or "isjoinder of parties

shall be ta3en at the earliest possible opportunity and in all cases here issue are settled at or before such settle"ent

unless the ground of objection has subse*uently arisen and any such objection not so ta3en shall be dee"ed to have been aived.

BR0&R ''7 ,R& B, -E'T

5. ,ra"e of suit— &very suit shall as far as practicable be fra"ed so as to afford ground for final decision upon the

subjects in dispute and to prevent further litigation concerning the".

6. -uit to include the hole clai"— (5) &very suit shall include the hole of the clai" hich the plaintiff is entitled to

"a3e in respect of the cause of action? but a plaintiff "ay relin*uish any portion of his clai" in order to bring the suit

ithin the jurisdiction of any Court.

(6) Relin*uish"ent of part of clai"—2here a plaintiff o"its to sue in respect of or intentionally relin*uishes any

portion of his clai" he shall not afterards sue in respect of the portion so o"itted or relin*uished.

(>) B"ission to sue for one of several reliefs— person entitled to "ore than one relief in respect of the sa"e cause of

action "ay sue for all or any of such reliefs? but if he o"its except ith the leave of the Court to sue for all such

reliefs he shall not afterards sue for any relief so o"itted.

&xplanation—,or the purposes of this rule an obligation and a collateral security for its perfor"ance and successive

clai"s arising under the sa"e obligation shall be dee"ed respectively to constitute but one cause of action.

'llustration

lets a house to = at a yearly of rent Rs. 56. The rent for the hole of the years 598 59$ and 59+ is due andunpaid. sues = in 59< only for the rent due for 59$. shall not afterards sue = for the rent due for 598 or 59+.

-TT& &/0&/T-

Ettar Aradesh.— 'n Brder '' Rule 6.—

(a) the existing &xplanation shall be nu"bered as &xplanation ' and after &xplanation ' as so nu"bered the folloing&xplanation '' shall be inserted na"ely4—

1&xplanation ''.— ,or the purposes of this rule a clai" for eject"ent of the defendant fro" i""oable property let out

to hi" and a clai" for "oney due fro" hi" on account of rent or co"pensation for use and occupation of that property

shall be dee"ed to be clai"s in respect of distinct causes of action14

(b) for the illustration the folloing illustration shall be substituted na"ely4—



1'llustration.— lets i""ovable property to = at a yearly rent. The rent for the hole of the years 598 59$ and 59+

is due and unpaid and the tenancy is deter"ined before sues = in 59< only for the rent due for 59$. "ay

afterards sue = for eject"ent but not for the rent due for 598 or 59+1.

#E.A. ct 8+ of 59+$%.

>. Joinder of causes of action— (5) -ave as otherise provided a plaintiff "ay unite in the sa"e suit several causes of

action against the sa"e defendant or the sa"e defendants jointly? and any plaintiffs having causes of action in hich

they are jointly interested against the sa"e defendant or the sa"e defendants jointly "ay unite such causes of action inthe sa"e suit.

(6) 2here causes of action are united the jurisdiction of the Court as regards the suit shall depend on the a"ount or

value of the aggregate subject7"atters at the date of instituting the suit.

@. Bnly certain clai"s to be joined for recovery of i""ovable property— /o cause of action shall unless ith the leave

of the Court be joined ith a suit for the recovery of i""ovable property except—

(a) clai"s for "esne profits or arrears of rent in respect of the property clai"ed or any part thereof?

(b) clai"s for da"ages for breach of any contract under hich the property or any part thereof is held? and

(c) clai"s in hich the relief sought is based on the sa"e cause of action4

Arovided that nothing in this rule shall be dee"ed to prevent any party in a suit for foreclosure or rede"ption fro"

as3ing to be put into possession of the "ortgaged property.

8. Clai"s by or against executor ad"inistrator or heir— /o clai" by or against an executor ad"inistrator or heir as

such shall be joined ith clai"s by or against hi" personally unless the last "entioned clai"s are alleged to arise ith

reference to the estate in respect of hich the plaintiff or defendant sues or is sued as executor ad"inistrator or heir or

are such as he as entitled to or liable for jointly ith the deceased person ho" he represents.

#559%#$. Aoer of Court to separate trials— 2here it appears to the Court that the joinder of causes of action in one suit"ay e"barrass or delay the trial or is otherise inconvenient the Court "ay order separate trials or "a3e such other

order as "ay be expedient in the interests of justice.%

+. Bbjections as to "isjoinder— ll objections on the ground of "isjoinder of causes of action shall be ta3en at the

earliest possible opportunity and in all cases here issues are settled at or before such settle"ent unless the ground of

objection has subse*uently arisen and any such objection to so ta3en shall be dee"ed to have been aived.

ORDER III& RECONI/ED AENTS AND P#EADERS

$. Appearances etc. ma! e in person ! recognied agent or ! pleaderI An! appearance application or act in or to an! Court reDuired or authoried ! law to e made or done ! a part! in such Court ma!except where otherwise expressl! provided ! an! law for the time eing in force e made or done ! thepart! in person or ! his recognied agent or ! a pleader appearing appl!ing or acting as the case ma!e on his ehalf"

&rovide that an! such appearance shall if the Court so directs e made ! the part! in person.

9. Recognied agentI 0he recognied agent of parties ! whom such appearances applications and actsma! e made or done areI

>a? persons holding powers#of#attorne! authoriing them to maFe and do such appearances applications

and acts on ehalf of such parties;

>? persons carr!ing on trade or usiness for and in the names of parties not resident within the local limits of the Gurisdiction of the Court within which limits the appearance application or act is made or done in mattersconnected with such trade or usiness onl! where no other agent is expressl! authoried to maFe and dosuch appearances applications and acts.

-. Service of process on recognied agentI >$? &rocess served on the recognied agent of a part! shall eas effectual as if the same had een served on the part! in person unless the Court otherwise directs.

>9? 0he provisions for the service of process on a part! to a suit shall appl! to the service of process on hisrecognied agent.



4. Appointment of pleaderI >$? *o pleader shall act for an! person in an! Court unless he has eenappointed for the purpose ! such person ! a document in writing signed ! such person or ! hisrecognied agent or ! some other person dul! authoried ! or under a power#of#attorne! to maFe suchappointment.

>9? Ever! such appointment shall e @$9<@filed in Court and shall for the purposes of su#rule>$? edeemed to e in force until determined with the leave of the Court ! a writing singed ! the client or thepleader as the case ma! e and filed in Court or until the client or the pleader dies or until all proceedings

in the suit are ended so far as regards the client.

@$9$ @Explanation.I:or the purposes of this su#rule the following shall e deemed to e proceedings inthe suitI

>a? an application for the review of decree or order in the suit

>? an application under section $44 or under section $9 of this Code in relation to an! decree or ordermade in the suit

>c? an appeal from an! decree or order in the suit and

>d? an! application or act for the purpose of otaining copies of documents or return of documents producedor filed in the suit or of otaining refund of mone!s paid into the Court in connection with the suit.

@$99 @>-? *othing in su#rule >9? shall e construedI

>a? as extending as etween the pleader and his client the duration for which the pleader is engaged or

>? as authorising service on the pleader of an! notice or document issued ! an! Court other than the Courtfor which the pleader was engaged except where such service was expressl! agreed to ! the client in thedocument referred in in su#rule >$?.

>4? 0he High Court ma! ! general order direct that where the person ! whom a pleader is appointed isunale to write his name his marF upon the document appointing the pleader shall e attested ! suchperson and in such manner as ma! e specified ! the order.

>? *o pleader who has een engaged for the purpose of pleading onl! shall plead on ehalf of an! part!unless he has filed in Court a memorandum of appearance signed ! himself and statingI

>a? the names of the parties to the suit

>? the name of the part! for whom he appears and

>c? the name of the person ! whom he is authoried to appear "

&rovided that nothing in this su#rule shall appl! to an! pleader engaged to plead on ehalf of an! part! !an! other pleader who has een dul! appointed to act in Court on ehalf of such part!.

. Service of process on pleaderI @$9-@An! process served on the pleader who has een dul! appointed toact in Court for an! part! or left at the office or ordinar! residence of such pleader and whether the same isfor the personal appearance of the part! or not shall e presumed to e dul! communicated and madeFnown to the part! whom the pleader represents and unless the Court otherwise directs shall e aseffectual for all purposes as if the same had een given to or served on the part! in person.

2. Agent to accept serviceI >$? =esides the recognied agents descried in rule 9 an! person residing withinthe Gurisdiction of the Court ma! e appointed an agent to accept service of process.

>9? Appointment to e in writing and to e filed in CourtISuch appointment ma! e special or general andshall e made ! a instrument in writing signed ! the principal and such instrument or if the appointment isgeneral a certified cop! thereof shall e filed in Court.

@$94 @>-?0he Court ma! at an! stage of the suit order an! part! to the suit not having a recognised agentresiding within the Gurisdiction of the Court or a pleader who has een dul! appointed to act in the Court onhis ehalf to appoint within a specified time an agent residing within the Gurisdiction of the Court to acceptservice of the procession his ehalf.

ORDER I*&INSTIT'TION O+ S'ITS



$. Suit to e commenced ! plaintI >$? Ever! suit shall e instituted ! presenting a plaint to the Court orsuch officer as it appoints in this ehalf.

>9? Ever! plaint shall compl! with the rules contained in 6rders 8( and 8(( so far as the! are applicale.

9. Register of suitsI 0he Court shall cause the particulars of ever! suit to e entered in a ooF to e Fept for the purposes and called the resister of civil suits. Such entries shall e numered in ever! !ear according tothe order in which the plaints are admitted.

S0A0E A)E*7)E*0S

/ttar &radeshI (n its application to the State of /ttar &radesh after 6rder (8 the following 6rder shall einserted"I

6R7ER (8A

C6*S6'(7A0(6* 6: CASES

$. Consolidation of suits and proceedingsI When two or more suits or proceedings are pending in the sameCourt and the Court is of opinion that it is expedient in the interest of Gustice it ma! ! order direct their Gointtrial where upon all such suits and proceedings ma! e decided upon the evidence in all or an! of such suitsor proceedings..

@/.&. Act 3 of $,32.

ORDER *&ISS'E AND SER*ICE O+ S'$$ONS

(ssue of Summons

$. SummonsI >$?When a suit has een dul! instituted a summons ma! e issued to the defendant toappear and answer the claim on a da! to e therein specified"

&rovided that no such summons shall e issued when the defendant has appeared at the presentation of theplaint and admitted the plaintiffKs claim "

@$9@&rovided further that where a summons has een issued the Court ma! direct the defendant to file thewritten statement of his defence if an! on the date of his appearance and cause an entr! to e made to thateffect in the summons.

>9? A defendant to whom a summons has een issued under su#rule >$? ma! appearI

>a? in person or

>? ! a pleader dul! instructed and ale to answer all material Duestions relating to the suit or

>c? ! a pleader accompanied ! some person ale to answer all such Duestions.

>-? Ever! such summons shall e signed ! the Judge or such officer as he appoints and shall e sealedwith the seal of the Court.

9. Cop! or statement annexed to summonsI Ever! summons shall e accompanied ! a cop! of the plaintor if so permitted ! a concise statement.

-. Court ma! order defendant or plaintiff to appear in personI >$? where the Court sees reason to reDuirethe personal appearance of the defendant the summons shall order him to appear in person in Court on theda! therein specified.

>9? Where the Court sees reason to reDuire the personal appearance of the plaintiff on the same da! it shallmaFe an order for such appearance.

4. *o part! to e ordered to appear in person unless resident with certain limitsI *o part! shall e orderedto appear in person unless he residesI

>a? within the local limits of the CourtKs ordinar! original Gurisdiction or



>? without such limits ut at place less than fift! or >where there is railwa! or steamer communication orother estalished pulic conve!ance for five#sixths of the distance etween the place where he resides andthe place where the Court is situate? less than two hundred miles distance from the Court#house.

. Summons to e either to settle issues or for final disposalI 0he Court shall determine at the time ofissuing the summons whether it shall e for the settlement of issues onl! or for the final disposal of the suit;and the summons shall contain a direction accordingl! "

&rovided that in ever! suit heard ! a Court of Small Causes the summons shall e for the final disposal ofthe suit.

2. :ixing da! for appearance of defendantI 0he da! for the appearance of the defendant shall e fixed withreference to the current usiness of the Court the place of residence of the defendant and the timenecessar! for the service of the summons; and the da! shall e so fixed as to allow the defendant sufficienttime to enale him to appear and answer on such da!.

3. Summons to order defendant to produce documents relied on ! himI 0he summons to appeal andanswer shall order the defendant to produce all documents in his possession or power upon which heintends to rel! in support of his case.

%. 6n issue of summons for final disposal defendant to e directed to produce his witnessesI Where thesummons is for the final disposal of the suit it shall also direct the defendant to produce on the da! fixed forhis appearance all witnesses upon whose evidence he intends to rela! in support of his case.

Service of Summons

,. 7eliver! or transmission of summons for serviceI >$? Where the defendant resides within the Gurisdictionof the Court in which the suit is instituted or has an agent resident within that Gurisdiction who is empoweredto accept the service of the summons the summons shall unless the Court otherwise directs e delivered or sent to the proper officer to e served ! him or one of his suordinates.

>9? 0he proper officer ma! e an officer of a Court other than that in which the suit is instituted and where heis such an officer the summons ma! e sent to him ! post or in such other manner as the Court ma! direct.

$<. )ode of serviceI Service of the summons shall e made ! delivering or tendering a cop! thereofsigned ! the Judge or such officer as he appoints in this ehalf and sealed with the seal of the Court.

$$. Service on several defendantsI Save as otherwise prescried where there are more defendants than

one service of the summons shall e made on each defendant.

$9. Service to e on defendant on person when practicale or on his agentI Wherever it is practicaleservice shall e made on the defendant in person unless he has an agent empowered to accept service inwhich case service on such agent shall e sufficient.

$-. Service on agent ! whom defendant carries on usinessI >$? (n a suit relating to an! usiness or worFagainst a person who does not reside within the local limits of the Gurisdiction of the Court from which thesummons is issued service on an! manager or agent who at the time of service personall! carries on suchusiness or worF for such person within such limits shall e deemed good service.

>9? :or the purpose of this rule the master of a ship shall e deemed to e the agent of the owner orchartered.

$4. Service on agent in charge in suits for immovale propert!I Where in a suit to otain relief respectingor compensation for wrong to immovale propert! service cannot e made on the defendant in person andthe defendant has no agent empowered to accept the service it ma! e made on an! agent of the defendantin charge of the propert!.

@$92@$. Where service ma! e on an adult memer of defendantKs famil!I Where in a suit the defendant isasent from his residence at the time when the service of summons is sought to e effected on his at hisresidence and there is no liFelihood of his eing found at the residence within a reasonale time and he hasno agent empowered to accept service of the summons on his ehalf service ma! e made on an! adultmemer of the famil! whether male or female who is residing with him.

Explanation.IA servant is not a memer of the famil! within the meaning of this rule.



$2. &erson served to sign acFnowledgementI Where the serving officer delivers or tenders a cop! of thesummons to the defendant personall! or to an agent or other person on his ehalf he shall reDuire thesignature of the person to whom the cop! is so delivered or tendered to an acFnowledgement of serviceendorsed on the original summons.

$3. &rocedure when defendant refuses to accept service or cannot e foundI Where the defendant or hisagent or such other person as aforesaid refuses to sign the acFnowledgement or where the serving officerafter using all due and reasonale diligence cannot find the defendant @$93@who is asent from his

residence at the time when service is sought to e effected on him at his residence and there is no liFelihoodof his eing found at the residence within a reasonale time and there is no agent empowered to acceptservice of the summons on his ehalf nor an! other person on whom service can e made the servingofficer shall affix a cop! of the summons on the outer door or some other conspicuous part of the house inwhich the defendant ordinaril! resides or carries on usiness or personall! worFs for gain and shall thenreturn the original to the Court from which it was issued with a report endorsed thereon or annexed theretostating that he has so affixed the cop! the circumstances under which he did do and the name and addressof the person >if an!? ! whom the house was identified and in whose presence the cop! was affixed.

$%. Endorsement of time and manner of serviceI 0he serving officer shall in all cases in which thesummons has een served under rule $2 endorse or annex or cause to e endorsed or annexed on or tothe original summons a return stating the time when and the manner in which the summons was served andthe name and address of the person >if an!? identif!ing the person served and witnessing the deliver! ortender of the summons.

$,. Examination of serving officer.I Where a summons is returned under rule $3 the Court shall if thereturn under that rule has not een verified ! the affidavit of the serving officer and ma! if it has een soverified examine the serving officer on oath or cause him to e so examined ! another Court touching hisproceedings and ma! maFe such further enDuir! in the matter as it thinFs fit; and shall either declare that thesummons has een dul! served or order such service as it thinFs fit.

@$9%@$,A. Simultaneous issue of summons for service ! post in addition to personal serviceI >$? 0heCourt shall in addition to and simultaneousl! with the issue of summons for service in the manner providedin rules , to $, >oth inclusive? also direct the summons to e served ! registered post acFnowledgementdue addressed to the defendant or his agent empowered to accept the service at the place where thedefendant or his agent actuall! and voluntaril! resides or carries on usiness or personall! worFs for gain"

&rovided that nothing in this su#rule shall reDuire the Court to issue a summons for service ! registered

post where in the circumstances of the case the Court considers it unnecessar!.

>9? When an acFnowledgement purporting to e signed ! the defendant or his agent is received ! theCourt or the postal article containing the summons is received acF ! the Court with an endorsementpurporting to have een made ! a postal emplo!ee to the effect that the defendant or his agent had refusedto taFe deliver! of the postal article containing the summons when tendered to him the Court issuing thesummons shall declare that the summons had een dul! served on the defendant "

&rovided that where the summons was properl! addressed prepaid and dul! sent ! registered postacFnowledgement due the declaration referred to in this su#rule shall e made notwithstanding the fact thatthe acFnowledgement having lost or mislaid or for other reason has een received ! the Court within thirt!da!s from the date of the issue of the summons.

9<. Sustituted serviceI >$? Where the Court is satisfied that there is preason to elieve that the defendant

is Feeping out of the wa! for the purpose of avoiding service or that for an! other reason the summonscannot e served in the ordinar! wa! the Court shall order the summons to e served ! affixing a cop!thereof in some conspicuous place in the Court#house and also upon some conspicuous part of the house >if an!? in which the defendant is Fnown to have last resided or carried on usiness or personall! worFed forgain or in such other manner as the Court thinFs fit.

@$9,@>$A? Where the Court acting under su#rule >$? orders service ! an advertisement in a newspaper thenewspaper shall e a dail! newspaper circulating in the localit! in which the defendant is last Fnown to haveactuall! and voluntaril! resided carried on usiness or personall! worFed for gain.

>9? Effect of sustituted serviceIService sustituted ! order of the Court shall e as effectual as if it hadeen made on the defendant personall!.



>-? Where service sustituted time for appearance to e fixedIWhere service is sustituted ! order of theCourt the Court shall fix such time for the appearance of the defendant as the case ma! reDuire.

9<A. @Service of summons ! post. Rep. ! the Code of Civil &rocedure >Amendment? Act $,32 > $<4 of$,32? s. >w.e.f. $#9#$,33?.

9$. Service of summons where defendant resides within Gurisdiction of another CourtI A summons ma! sent! the Court ! which it is issued whether within or without the State either ! one of its officers or ! post

to an! Court >not eing the High Court? having Gurisdiction in the place where the defendant resides.99. Service within presidenc!#towns of summons issued ! Courts outsideI Where as summons issued !an! Court estalished e!ond the limits of the towns of Calcutta )adras and =oma! is to e served withinan! such limits it shall e sent to the Court of Small Causes within whose Gurisdiction it is to e served.

9-. 7ut! of Court to which summons is sentI 0he Court to which a summons is sent under rule 9$ or rule 99shall upon receipt thereof proceed as if it had een issued ! such Court and shall then return thesummons to the Court of issue together with the record >if an!? of its proceedings with regard thereto.

94. Service on defendant in prisonI Where the defendant is confined in a prison the summons shall edelivered or sent ! post or otherwise to the officer in charge of the prison for service on the defendant.

9. Service where defendant resides out of (ndia and has no agentI Where the defendant resides out of(ndia and has no agent in (ndia empowered to accept service the summons shall e addressed to the

defendant at the place where he is residing and sent to him ! post if there is postal communicationetween such place and the place where the Court is situate "

&rovided that where an! such defendant @$-<@resides in =angladesh or &aFistan the summons togetherwith a cop! thereof ma! e sent for service on the defendant to an! Court in that countr! >not eing theHigh Court? having Gurisdiction in the place where the defendant resides"

&rovided further that where an! such defendant is a pulic officer @$-$@in =angladesh or &aFistan >notelonging to the =angladesh or as the case ma! e &aFistan militar! naval or air forces? or is servant of arailwa! compan! or local authorit! in that countr! the summons together with a cop! thereof ma! e sentfor service on the defendant to such officer or authorit! in that countr! as the Central 1overnment ma! !notification in the 6fficial 1aette specif! in this ehalf.

@$-9@92. Service in foreign territor! through &olitical Agent or CourtI WhereI

>a? in the exercise of an! foreign Gurisdiction vested in the Central 1overnment a &olitical Agent has eenappointed or a Court has een estalished or continued with power to serve a summons issued ! a Courtunder this code in an! foreign territor! in which the defendant actuall! and voluntaril! resides caries onusiness or personall! worFs for gain or

>? the Central 1overnment has ! notification in the 6fficial 1aette declared in respect of an! Courtsituate in an! such territor! and not estalished or continued in the exercise of an! such Gurisdiction asaforesaid that service ! such Court of an! summons issued ! a Court under this Code shall e deemed toe vaild service

the summons ma! e sent to such &olitical Agent or Court ! post or otherwise or if so directed ! theCentral 1overnment through the )inistr! of that 1overnment dealing with foreign affairs or in such othermanner as ma! e specified ! the Central 1overnment for the purpose of eing served upon thedefendant " and if the &olitical Agent or Court returns the summons with an endorsement purporting to have

een made ! such &olitical Agent or ! the Judge or other officer of the Court to the effect that thesummons has een served on the defendant in the manner hereinefore directed such endorsement shalle deemed to e evidence of service.

92A. Summonses to e sent to officer to foreign countriesI Where the Central 1overnment has !notification in the 6fficial 1aette declared in respect of an! foreign territor! that summonses to e servedon defendants actuall! and voluntaril! residing or carr!ing on usiness or personall! worFing for gain in thatforeign territor! ma! e sent to an officer of the 1overnment of the the foreign territor! specified ! theCentral 1overnment the summonses ma! e sent to such officer through the )inistr! of the 1overnment of(ndia dealing with foreign affairs or in such other manner as ma! e specified ! the Central 1overnment;and if such officer returns an! such summons with an endorsement purporting to have een made ! him



that the summons has een served on the defendant such endorsement shall e deemed to e evidence ofservice.

93. Service on civil pulic or on servant of railwa! officer or on servant of railwa! compan! or local authorit!I Where the defendant is a pulic officer >not elonging to the (ndian militar! naval or air forces or is theservant of a railwa! compan! or local authorit! the Court ma! if it appears to it that the summons ma! emost convenientl! so served send it for service on the defendant to the head of the office in which he isememplo!ed together with a cop! to e retained ! the defendant.

9%. Service on soldiers sailors or airmenI Where the defendant is a soldier sailor or airman the Court shallsend the summons for service to his commanding officer together with a cop! to e retained ! thedefendant.

9,. 7ut! of person to whom summons is delivered or sent for serviceI >$? Where a summons is delivered or sent to an! person for service under rule 94 rule 93 or rule 9% such person shall e ound to serve it ifpossile and to return it under his signature with the written acFnowledgement of the defendant and suchsignature shall e deemed to e evidence of service.

>9? Where from an! cause service is impossile the summons shall e returned to the Court with a fullstatement of such cause and of the steps taFen to procure service and such statement shall e deemed toe evidence of non#service.

-<. Sustitution of letter for summonsI >$? 0he Court ma! notwithstanding an!thing hereinefore contained

sustitute for a summons a letter signed ! the Judge or such officer as he ma! appoint in this ehalf wherethe defendant is in the opinion of the Court of a ranF entitling him to such marF of consideration.

>9? A letter sustituted under su#rule >$? shall contain all the particulars reDuired to e stated in a summonsand suGect to the provisions of su#rule >-? shall e treated in all respects as a summons.

>-? A letter so sustituted ma! e sent to the defendant ! spot or ! a special messenger selected ! theCourt or in an! other manner which the Court thinFs fit; and where the defendant has an agent empoweredto accept service the letter ma! e delivered or sent to such agent.

ORDER *I&P#EADINS ENERA##%

$. &leadingI &leading shall mean plaint or written statement.

@$--@9. &leading to state material facts and not evidenceI >$? Ever! pleading shall contain and contain onl!

a statement in a concise form of the material facts on which the part! pleading relies for his claim or defneceas the case ma! e ut not the evidence ! which the! are to e proved.

>9? Ever! pleading shall when necessar! e devided into paragraphs numered consecutivel! eachallegation eing so far as is convenient contained in a separate paragraph.

>-? 7ates sums and numers shall e expressed in a pleading in figures as well as in words.

-. :orms of pleadingI 0he forms in Appendix A when applicale and where the! are not applicale forms of the liFe character nearl! as ma! e shall e used for all pleadings.

4. &articulars to e given where necessar!I (n all cases in which the part! pleading relies on an!misrepresentation fraud reach of trust wilful default or undue influence and in all other cases in whichparticulars ma! e necessar! e!ond such as are exemplified in the forms aforesaid particulars >with datesand items if necessar!? shall e stated in the pleading.

S0A0E A)E*7)E*0S

)adh!a &radesh.I After rule 4 the following rule shall e inserted namel!"I

4#A. &articulars of pleading for agricultural land.I (n an! suit or proceeding contemplated under rule -#= of6rder $ the parties other than the State 1overnment shall plead the particulars of total agricultural landwhich is owned claimed or held ! them in an! right and shall further declare whether the suGect#matter ofsuit or proceeding is or is not covered ! )adh!a &radesh Ceiling on Agricultural Holdings Act $,2< >9< of$,2<? and whether an! proceedings in relation to such suGect#matter are to the Fnowledge of the part!pending efore the competent authorit!.



@).&. Act 9, of $,%4

. :urther and etter statement or particularsI A further and etter statement of the nature of the claim ordefence or further and etter particulars of an! matter stated in an! pleading ma! in all cases e orderedupon such terms as to costs and otherwise as ma! e Gust.

2. Condition precedentI An! condition precedent the performance or occurrence of which is intended to econtested shall e distinctl! specified in his pleading ! the plaintiff or defendant as the case m! e; and

suGect thereto an avernment of the performance or occurrence of all conditions precedent necessar! for thecase of the plaintiff or defendant shall e implied in his pleading.

3. 7epartureI *o pleading shall except ! wa! of amendment raise an! new ground of claim or containan! allegation of fact inconsistent with the previous pleadings of the part! pleading the same.

%. 7enial of contractI Where a contract is alleged in an! pleading a are denial of the same ! the oppositepart! shall e construed onl! as a denial in fact of the express contract alleged or of the matters of fact fromwhich the same ma! e implied and not as a denial of the legalit! or sufficienc! in law of such contract.

,. Effect of document to e stated.I Wherever the contents of an! document are material it shall esufficient in an! pleading to state the effect thereof as riefl! as possile without setting out the whole or an!part thereof unless the precise words of the document or an! part thereof are material.

$<. )alice Fnowledge etc.I Wherever it is material to allege malice fraudulent intention Fnowledge or

other condition of the mind of an! person it shall e sufficient to allege the same as a fact without setting outthe circumstances from which the same is to e inferred.

$$. *oticeI Wherever it is material to allege notice to an! person of an! fact mater or thing it shall esufficient to allege such notice as a fact unless the form or the precise terms of such notice or thecircumstances from which such notice is to e inferred are material.

$9. (mplied contract or relationI Wherever an! contract or an! relation etween an! persons is to eimplied from a series of letters or conversations or otherwise from a numer of circumstances it shall esufficient to allege such contract or relation as a fact and to refer generall! to such letter conversations orcircumstances without setting them out in detail. And if in such case the person so pleading desires to rel! inthe alternative upon more contracts or relations than one as to e implied from such circumstances he ma!state the same in the alternative.

$-. &resumptions of lawI *either part! need in an! pleading allege an! matter of fact which the lawpresumes in his favour or as to which the urden of proof lies upon the other side unless the same has firsteen specificall! denied >e.g. consideration for a ill of exchange where the plaintiff sues onl! on the ill andnot for the consideration as a sustantive ground of claim.?

$4. &leading to e signedI Ever! pleading shall e signed ! the part! and his pleader >if an!? "

&rovided that where a part! pleading is ! reason of asence or for other good cause unale to sign thepleading it ma! e signed ! an! person dul! authoried ! him to sign the same or to sue or defend on hisehalf.

@$-4@$4A. Address for service of noticeI >$? Ever! pleading when filed ! a part! shall e accompanied !a statement in the prescried form signed as provided in rule $4 regarding the address of the part!.

>9? Such address ma! from time to time e changed ! lodging in Court a form dul! filled up and stating the

new address of the part! and accompanied ! a verified petition.

>-? 0he address furnished in the statement made su#rule >$? shall e called the registered address of thepart! and shall until dul! changed as aforesaid e deemed to e the address of the part! for the purpose of service of all processes in the suit of in an! appeal from an! decree or order therein made and for thepurpose of execution and shall hold good suGect as aforesaid for a period of two !ears after the finaldetermination of the cause or matter.

>4? Service of an! process ma! e effected upon a part! at his registered address in all respects as thoughsuch part! resided there at.

>? Where the registered address of a part! is discovered ! the court to e incomplete false or fictitious theCourt ma! either on its own motion or on the application of an! part! orderI



>a? in the case where such registered address was furnished ! a plaintiff sta! of the suit or

>? in the case where such registered address was furnished ! a defendant his e strucF out and he eplaced in the same position as if he had not put up and defence.

>2? Where a suit is sta!ed or a defence is strucF out under su# rule >? the plaintiff or as the case ma! ethe defendant ma! after furnishing his true address appl! to the Court for an order to set aside the order ofsta! or as the case ma! e the order striFing out the defence.

>3? the Court if satisfied that the part! was prevented ! an! sufficient cause from filing the true address atthe proper time shall set aside the order of sta! or order striFing out the defence on such term as to costs or otherwise as it thinFs fit and shall appoint a da! for proceeding with the suit or defence as the case ma! e.

>%? *othing in this rule shall prevent the Court from directing the service of a process at an! other address iffor an! reason it thinFs fit to do so.

$. 8erification of pleadingsI >$? Save as otherwise provided ! an! law for the time eing in force ever!pleading shall e varied at the foot ! the part! or ! one of the parties pleading or ! some other personproved to the satisfaction of the Court to e acDuainted with the facts of the case.

>9? 0he person verif!ing shall specif! ! reference to the numered paragraphs of the pleading what heverifies of his own Fnowledge and what he verifies upon information received and elieved to e true.

>-? 0he verification shall e signed ! the person maFing it and shall state the date on which and the place atwhich it was signed.

@$-@$2. StriFing out pleadingsI 0he Court ma! at an! stage of the proceedings order to e strucF out oramended an! matter in an! pleadingI

>a? which ma! e unnecessar! scandalous frivolous or vexatious or

>? which ma! tend to preGudice emarrass or dela! the fair trail of the suit or

>c? which is otherwise an ause of the process of the Court.

$3. Amendment of pleadingsI 0he Court ma! at an! stage of the proceedings allow either part! to alter oramend his pleadings in such manner and on such terms as ma! e Gust and all such amendments shall emade as ma! e necessar! for the purpose of determining the real Duestions in controvers! etween theparties.

$%. :ailure to amend after orderI (f a part! who has otained an order for leave to amend does not amendaccordingl! within the time limited for that purpose ! the order or if no time is there! limited then withinfourteen da!s from the date of the order he shall not e permitted to amend after the expiration of suchlimited time as aforesaid or of such fourteen da!s as the case ma! e unless the time is extended ! theCourt.

ORDER *II& P#AINT

$. &articulars to e contained in plaintI 0he plaint shall contain the following particulars"I

>a? the name of the Court in which the suit is rought ;

>? the name description and place of residence of the plaintiff;

>c? the name description and place of residence of the defendant so far as the! can e ascertained;

>d? where the plaintiff or the defendant is a minor or a person of unsound mind a statement to that effect;

>e? the facts constituting the cause of action and when it arose;

>f? the facts showing that the Court has Gurisdiction;

>g? the relief which the plaintiff claims;

>h? where the plaintiff has allowed a set#off or relinDuished a portion of his claim the amount so allowed orrelinDuished; and



>i? a statement of the value of the suGect#matter of the suit for the purposes of Gurisdiction and of court feesso far as the case admits.

9. (n mone! suitsI Where the plaintiff seeFs the recover! of mone! the plaint shall state the precise amountclaimed"

=ut where the plaintiff sue for mesne profits or for an amount which will e found due to him on taFingunsettled accounts etween him and the defendant @$-2@or for movales in the possession of the

defendant or for dets of which the value he cannot after the exercise of reasonale diligence estimate theplaint shall state approximatel! the amount or value sued for.

-. Where the suGect#matter of the suit is immovale propert!I Where the suGect#matter of the suit isimmovale propert! the plaint shall contain a description of the propert! sufficient to identif! it and in casesuch propert! can e identified ! oundaries or numers in a record of settlement or surve! the plaint shallspecif! such oundaries or numers.

4. When plaintiff sues as representativeI Where the plaintiff sues in a representative character the plaintshall show not onl! that he has an actual existing interest in the suGect# matter ut that he has taFen thesteps >if an!? necessar! to enale him to institute a suit concerning it.

. 7efendantKs interest and liailit! to e shownI 0he plaint shall show that the defendant is or claims to einterested in suGect#matter and that he is liale to e called upon to answer the plaintiffKs demand.

2. 1rounds of exemption from limitation lawI Where the suit is instituted after the expiration of the periodprescried ! the law of limitation the plaint shall show the ground upon which exemption from such law isclaimed "

@$-3 @&rovided that the Court ma! permit the plaintiff to claim exemption from the law of limitation on an!ground not set out in the plaint if such ground is not inconsistent with the grounds set out in the plaint.

3. Relief to e specificall! statedI Ever! plaint shall state specificall! the relief which the plaintiff claimseither simpl! or in the alternative and it shall not e necessar! to asF for general or other relief which ma!alwa!s e given as the Court ma! thinF Gust to the same extent as if it had een asFed for. And the same ruleshall appl! to an! relief claimed ! the defendant in his written statement.

%. Relief founded on separate groundI Where the plaintiff seeFs relief in respect of several distinct claims or causes of action founded upon separate and district grounds the! shall e stated as far as ma! e

separatel! and distinctl!.,. &rocedure on admitting plaintI concise statementI>$? 0he plaintiff shall endorse on the pliant or annexthereto a list of the documents >if an!? which he has produced along with it; and if the plaint is admitted@$-%@shall present within such time as ma! e fixed ! the Court or extended ! it from time to time asman! copies on plain paper of the plaint as there are defendants unless the Court ! reason of the length of the plaint or the numer of the defendants or for an! other sufficient reason permits him present a liFenumer of concise statements of the nature of the claim made or of the relief claimed in the suit in whichcase he shall present such statements.

@$-, @>$A? 0he plaintiff shall within the time fixed ! the Court or extended ! it under su#rule >$? pa! thereDuisite fee for the service of summons on the defendants.

>9? Where the plaintiff sue or the defendant or an! of the defendants is sued in a representative capacit!such statements shall show in what capacit! the plaintiff or defendant sues or is sued.

>-? 0he plaintiff ma! ! leave of the Court amend such statements so as to maFe them correspond with theplaint.

>4? 0he chief ministerial officer of the Court shall sign such list and copies or statements if on examinationhe finds them to e correct.

@$4<@$<. Return of plaintI >$? @$4$@SuGect to the provisions of rule $<A the plaint shall at an! state of thesuit e returned to e presented to the Court in which the suit should have een instituted.

@[email protected]:or the removal of douts it is here! declared that a Court of appeal or revision ma!direct after setting aside the decree passed in a suit the return of the plaint under this su#rule.



>9? procedure on returning plaintI6n returning a plaint the Judge shall endorse thereon the date of itspresentation and return the name of the part! presenting it and a rief statement of the reasons forreturning it.

@$4-@$<A. &ower of Court to fix a date of appearance in the Court where plaint is to e filed after its returnI>$? Where in an! suit after the defendant has appeared the Court is of opinion that the plaint should ereturned it shall efore doing so intimate its decision to the plaintiff.

>9? Where an intimation is given to the plaintiff under su#rule >$? the plaintiff ma! maFe an application to theCourtI

>a? specif!ing the Court in which he proposes to present the plaint after its return

>? pra!ing that the Court ma! fix a date for the appearance of the parties in the said Court and

>c? reDuesting that the notice of the date so fixed ma! e given to him and to the defendant.

>-? Where an application is made ! the plaintiff under su#rule >9? the Court shall efore returning theplaint and notwithstanding that the order for return of plaint was made ! it on the ground that it has no

Gurisdiction to tr! the suitI

>a? fix a date for the appearance of the parties in the Court in which the plaint is proposed to e presentedand

>? give to the plaintiff and to the defendant notice of such date for appearance.

>4? Where the notice of the date for appearance is given under su#rule >-?I

>a? it shall not e necessar! for the Court in which the plaint is presented after its return to serve thedefendant with a summons for appearance in the suit unless that Court for reasons to e recordedotherwise directs and

>? the said notice shall e deemed to e a summons for the appearance of the defendant in the Court inwhich the plaint is presented on the date so fixed ! the Court ! which the plaint was returned.

>? Where the application made ! the plaintiff under su#rule >9? is allowed ! the Court the plaintiff shallnot e entitled to appeal against the order returning the plaint.

$<=. &ower of appellate Court to transfer suit to the proper CourtI >$? Where on an appeal against an order

for the return of plaint the Court hearing the appeal confirms such order the Court of appeal ma! if theplaintiff ! an application so desires while returning the plaint direct plaintiff to file the plaint suGect to theprovisions of the 'imitation Act $,2- >-2 of $,2-? in the Court in which the suit should have een instituted>whether such Court is within or without the State in which the Court hearing the appeal is situated? and fit adate for the appearance of the parties in the Court in which the plaint is directed to e filed and when thedate is so fixed it shall not e necessar! for the Court in which the plaint is filed to serve the defendant withthe summons for appearance in the suit unless that Court in which the plaint is filed for reasons to erecorded otherwise directs.

>9? 0he direction made ! the Court under su#rule >$? shall e without an! preGudice to the rights of theparties to Duestion the Gurisdiction of the Court in which the plaint is filed to tr! the suit.

$$. ReGection of plaintI 0he plaint shall e reGected in the following cases"I

>a? where it does not disclose a cause of action;

>? where the relief claimed is undervalued and the plaintiff on eing reDuired ! the Court to correct thevaluation within a time to e fixed ! the Court fails to do so;

>c? where the relief claimed is properl! valued ut the plaint is returned upon paper insufficientl! stampedand the plaintiff on eing reDuired ! the Court to suppl! the reDuisite stamp#paper within a time to e fixed! the Court fails to do so;

>d? where the suit appears from the statement in the plaint to e arred ! an! law "

@$44 @&rovided that the time fixed ! the Court for the correction of the valuation or suppl!ing of the reDuisitestamp#paper shall not e extended unless the Court for reasons to e recorded is satisfied that the plaintiff



was prevented ! an! cause of an exceptional nature form correcting the valuation or suppl!ing the reDuisitestamp#paper as the case ma! e within the time fixed ! the Court and that refusal to extend such timewould cause grave inGustice to the plaintiff.

$9. &rocedure on reGecting plaintI Where a plaint is reGected the Judge shall record an order to that effectwith the reasons for such order.

$-. Where reGection of plaint does not preclude presentation of fresh plaintI 0he reGection of the plaint on

an! of the grounds herein efore mentioned shall not of its own force preclude the plaintiff from presenting afresh plaint in respect of the same cause of action.

7ocuments relied on in plaint

$4. &roduction of document on which plaintiff suesI >$? Where a plaintiff sues upon a document in hispossession or power he shall produce it in Court when the plaint is presented and shall at the same timedeliver the document or a cop! thereof to e filed with the plaint.

>9? 'ist of other documentsIWhere he relies on an! other documents >whether in his possession or poweror not? as evidence in support of his claim he shall enter such documents in a list to e added or annexed tothe plaint.

$. Statement in case of documents not in plaintiffKs possession or powerI Where an! such document is notin the possession or power of the plaintiff he shall if possile state in whose possession or power it is.

$2. Suits on lost negotiale instrumentsI Where the suit is founded upon a negotiale instrument and it isproved that the instrument is lost and an indemnit! is given ! the plaintiff to the satisfaction of the Courtagainst the claims of an! other person upon such instrument the Court ma! pass such decree as it wouldhave passed if the plaintiff had produced the instrument in Court when the plaint was presented and had atthe same time delivered a cop! of the instrument to e filed with the plaint.

$3. &roduction of shop#ooFI >$? Save in so far as is otherwise provided ! the =anFersK =ooFs Evidence Act $%,$ >$% of $%,$? where the document on which the plaintiff sues is an entr! in shop#ooF or otheraccount in his possession or power the plaintiff shall produce the ooF or account at the time of filing theplaint together with a cop! of the entr! on which he relies.

>9? 6riginal entr! to e marFed and returnedI0he Court or such officer as it appoints in this ehalf shallforthwith marF the document for the purpose of identification and after examining and comparing the cop!

with the original shall if it is found correct certif! it to e so and return the ooF to the plaintiff and cause thecop! to e filed.

$%. (nadmissiilit! of document not produced when plaint filedI >$? A document which ought to e producedin Court ! the plaintiff when the plaint is presented or to e entered in the list to e added or annexed to theplaint and which is not produced or entered accordingl! shall not without the leave of the Court e receivedin evidence on his ehalf at the hearing of the suit.

>9? *othing in this rule applies to documents produced for cross#examination of the defendantKs witnesses orin answer to an! case set up ! the defendant or handed to a witness merel! to refresh his memor!

ORDER *III& 1!2RITTEN STATE$ENT, SET&O+ AND CO'NTER& C#AI$2

$. Written statementI @$42@>$? 0he defendant @$43shall at or efore the first hearing or within suchtime as the Court ma! permit present a written statement of his defence.

@$4% @>9? Save as otherwise provided in rule %A where the defendant relies on an! document >whether ornot in his possession or power? in support of his defence or claim for set#off or counter claim he shall entersuch documents in a list and shall I

>a? (f a written statement is presented annex the list to the written statement "

&rovided that where the defendant in his written statement claims a set#off or maFes a counter#claim asedon a document in his possession or power he shall produce it in Court at the time of presentation of thewritten statement and shall at the same time deliver the document or cop! thereof to e filed with the writtenstatement;

>? (f a written statement is not presented present the list to the Court at the first hearing of the suit.



>-? Where an! such document is not in the possession or power of the defendant he shall whereverpossile state in whose possession or power it is.

>4? (f no such list is so annexed or presented the defendant shall e allowed such further period for thepurpose as the Court ma! thinF fit.

>? A document which ought to e entered in the list referred to in su#rule >9? and which is not so enteredshall not without the leave of the Court e received in evidence on ehalf of the defendant at the hearing of

the suit.>2? *othing in su#rule >? shall appl! to documents produced for the cross#examination of plaintiffKswitnesses or in answer to an! case set up ! the plaintiff suseDuent to the filing of the plaint or handed over to a witness merel! to refresh his memor!.

>3? Where a Court grants leave under su#rule >? it shall record its reasons for so doing and no such leaveshall e granted unless good cause is shown to the satisfaction of the Court for the non#entr! of thedocument in the list referred to in su#rule >9?.

9. *ew facts must e speciall! pleadedI 0he defendant must raise ! his pleading all matters which showthe suit not e maintainale or that the transaction is either void or voidale in point of law and all suchgrounds of defence as if not raised would e liFel! to taFe the opposite part! ! surprise or would raiseissues of fact not arising out of the plaint as for instance fraud limitation release pa!ment performanceor facts showing illegalit!.

-. 7enial to e specificI (t shall not e sufficient for a defendant in his written statement to den! generall!the grounds alleged ! the plaintiff ut the defendant must deal specificall! with each allegation of fact ofwhich he does not admit the truth except damages.

4. Evasive denialI Where a defendant denies an allegation of fact in the plaint he must not do so evasivel!ut answer the point of sustance 0hus if it is alleged that he received a certain sum of mone! it shall note sufficient to den! that he received that particular amount ut he must den! that he received that sum oran! part thereof or else set out how much he received. And if an allegation is made with diversecircumstances it shall not e sufficient to den! it along with those circumstances.

. Specific denialI @$4,@>$? Ever! allegation of fact in the plaint if not denied specificall! or ! necessar!implication or stated to e not admitted in the pleading of the defendant shall e taFen to e admittedexcept as against a person under disailit! "

&rovided that the Court ma! in it discretion reDuire an! fact so admitted to e proved otherwise than ! suchadmission.

@$< @>9? Where the defendant has not filed a pleading it shall e lawful for the Court to pronounce Gudgmenton the asis of the facts contained in the plaint except as against a person under a disailit! ut the Courtma! in its discretion reDuire an! such fact to e proved.

>-? (n exercising its discretion under the proviso to su#rule >$? or under su#rule >9? the Court shall have dueregard to the fact whether the defendant could have or has engaged a pleader.

>4? Whenever a Gudgment is pronounced under this rule a decree shall e drawn up in accordance with such Gudgment and such decree shall ear the date on which the Gudgment was pronounced.

2. &articulars of set#off to e given in written statementI >$? Where in a suit for the recover! of mone! the

defendant claims to set#off against the plaintiffKs demand an! ascertained sum of mone! legall! recoverale! him from the plaintiff not exceeding the pecuniar! limits of the Gurisdiction of the Court and oth parties fillthe same character as the! fill in the plaintiffKs suit the defendant ma! at the first hearing of the suit ut notafterwards unless permitted ! the Court presents a written statement containing the particulars of the detsought to e set#off.

>9? Effect of set#offI0he written statement shall have the same effect as a plaint in a cross#suit so as toenale the Court to pronounce a final Gudgment in respect oth of the original claim and of the set#off " utthis shall not affect the lien upon the amount decreed of an! pleader in respect of the costs pa!ale to himunder the decree.



>-? 0he rules relating to a written statement ! a defendant appl! to a written statement in answer to a claimof set#off.

(llustrations

>a? A eDueaths Rs. 9<<< to = and appoints C his executor and residuar! legatee. = dies and 7 taFes outadministration to =Ks effect C pa!s Rs. $<<< as suret! for 7" then 7 sues C for the legac!. C cannot set#offthe det of Rs. $<<< against the legac! for neither C nor 7 fills the same character with respect to the

legac! as the! fill with respect to the pa!ment of Rs. $<<<.>? A dies intestate and in det to =. C taFes out administration to AKs effects and = u!s part of the effectsfrom C. (n a suit for the purchase#mone! ! C against = the latter cannot set#off the det against the pricefor C fills two different characters one as the vendor to = in which he sues = and the other asrepresentative to A.

>c? A sues = on a ill of exchange. = alleges that A has wrongfull! neglected to insure =Ks goods and is lialeto him in compensation which he claims to set#off. 0he amount not eing ascertained cannot e set#off.

>d? A sues = on a ill of exchange for Rs. <<. = holds a Gudgment against A for Rs. $<<<. 0he two claimseing oth definite pecuniar! demands ma! e set#off.

>e? A sues = for compensation on account of trespass. = holds a promissor! note for Rs. $<<< from A andclaims to set#off that amount against an! sum that A ma! recover in the suit. = ma! do so for as soon as A

recovers oth sums are definite pecuniar! demands.

>f? A and = sue C for Rs. $<<< C cannot set#off a det due to him ! A alone.

>g? A sues = and C for Rs. $<<<. = cannot set#off a det due to him alone ! A.

>h? A owes the partnership firm of = and C Rs. $<<< = dies leaving C surviving. A sues C for a det of Rs.$<< due in his separate character. C ma! set#off the det of Rs. $<<<.

@$$@2A. Counter#claim ! defendantI >$? A defendant in a suit ma! in addition to his right of pleading aset#off under rule 2 set up ! wa! of counter#claim against the claim of the plaintiff an! right or claim inrespect of a cause of action accruing to the defendant against the plaintiff either efore or after the filing ofthe suit ut efore the defendant has delivered his defence or efore the time limited for delivering hisdefence has expired. whether such counter#claim is in the nature of a claim for damages or not "

&rovided that such counter#claim shall not exceed the pecuniar! limits of the Gurisdiction of the Court.

>9? Such counter#claim shall have the same effect as a cross#suit so as to enale the Court to pronounce afinal Gudgment in the same suit oth on the original claim and on the counter#claim.

>-? 0he plaintiff shall e at liert! to file a written statement in answer to the counter#claim of the defendantwithin such period as ma! e fixed ! the Court.

>4? 0he counter#claim shall e treated as a plaint and governed ! the rules applicale to plaints.

2=. Counter#claim to e statedI Where an! defendant seeFs to rel! upon an! ground as supporting a rightof counter#claim he shall in his written statement state specificall! that he does so ! wa! of counter#claim.

2C. Exclusion of counter#claimI Where a defendant sets up a counter#claim and the plaintiff contends thatthe claim there! raised ought not to e disposed of ! wa! of counter#claim ut in an independent suit the

plaintiff ma! at an! time efore issues are settled in relation to the counter#claim appl! to the Court for anorder that such counter#claim ma! e excluded and the Court ma! on the hearing of such application maFesuch order as it thinFs fit.

27. Effect of discontinuance of suitI (f in an! case in which the defendant sets up a counter#claim the suitof the plaintiff is sta!ed discontinued or dismissed the counter#claim ma! nevertheless e proceeded with.

2E. 7efault of plaintiff to repl! to counter#claimI (f the plaintiff maFes default in putting in repl! to thecounter#claim made ! the defendant the Court ma! pronounce Gudgment against the plaintiff in relation tothe counter#claim made against him or maFe such order in relation to the counter#claim as it thinFs fit.



2:. Relief to defendant where counter#claim succeedsI Where in an! suit a set#off or counter#claim isestalished as defence against the plaintiffKs claim and an! alance is found due to the plaintiff or thedefendant as the case ma! e the Court ma! give Gudgment to the part! entitled to such alance.

21. Rules relating to written statement to appl!I 0he rules relating to a written statement ! a defendantshall appl! to a written statement filed in answer to a counter#claim.

3. 7efence or set#off founder upon separate groundsI Where the defendant relies upon several distinct

grounds of defence or set#off @$9@or counter#claim founded separate and distinct facts the! shall e statedas far as ma! e separatel! and distinctl!.

%. *ew ground of defenceI An! ground of defence which has arisen after the institution of the suit or thepresentation of a written statement claiming a set#off @$-@or counter#claim ma! e raised ! the defendantor plaintiff as the case ma! e in his written statement.

@$4@%A. 7ut! of defendant to produce documents upon which relief is claimed ! himI >$?Where adefendant ases his defence upon a document in his possession or power he shall produce it in Court whenthe written statement is presented ! him and shall at the same time deliver the document or a cop!thereof to e filed with the written statement.

>9? A document which ought to e produced in Court ! the defendant under this rule ut is not so producedshall not without the leave of the Court e received in evidence on his ehalf at the hearing of the suit.

>-? *othing in this rule shall appl! to documents producedI

>a? for the cross#examination of the plaintiffKs witnesses or

>? in answer to an! case setup ! the plaintiff suseDuent to the filing of the plaint or

>c? handed over to a witness merel! to refresh him memor!.

,. SuseDuent pleadingsI *o pleading suseDuent to the written statement of a defendant other than !wa! of defence to a set#off @$@or counter#claim shall e presented except ! the leave of the Court andupon such terms as the Court thinFs fit ut the Court ma! at an! time reDuire a written statement oradditional written statement from an! of the parties and fix a time for presenting the same.

$<. &rocedure when part! fails to present written statement called for ! CourtI Where an! part! fromwhom a written statement @$2@is reDuired under rule $ or , fails to present the same within the time @$3

@permitted or fixed ! the Court as the case ma! e the Court shall pronounce Gudgment against him ormaFe such order in relation to the suit as it thinFs fit @$%@and on the pronouncement of such Gudgment adecree shall e drawn up.

ORDER I)& APPEARANCE O+ PARTIES AND CONSE3'ENCE O+ NON&APPEARANCE

$. &arties to appear on da! fixed in summons for defendant to appear and answerI 6n the da! fixed in thesummons for the defendant to appear and answer the parties shall e in attendance at the Court#house inperson or ! their respective pleaders and the suit shall then e heard unless the hearing is adGourned to afuture da! fixed ! the Court.

9. 7ismissal of suit where summons not served in conseDuence of plaintiffs failure to pa! costI Where onthe da! so fixed it is found that the summons has not een served upon the defendant in conseDuence of thefailure of the plaintiff to pa! the court#fee of postal charges >if an!? chargeale for such service @$,@or topresent copies of the plaint or concise statements as reDuired ! rule , of order 8(( the Court ma! maFe anorder that the suit e dismissed "

@$2< @&rovided that no such order shall e made if notwithstanding such failure the defendant attends inperson >or ! agent when he is allowed to appear ! agent? on the da! fixed for him to appear and answer.

-. Where neither part! appears suit to e dismissedI Where neither part! appears when the suit is calledon for hearing the Court ma! maFe an order that the suit e dismissed.

4. &laintiff ma! ring fresh suit or Court ma! restore suit to fileI Where a suit is dismissed under rule 9 orrule - the plaintiff ma! >suGect to the law of limitation? ring a fresh suit or he ma! appl! for an order to setthe dismissal aside and if he satisfies the Court that there was sufficient cause for @$2$@such failure as is



referred to in rule 9 or for his non#appearance as the case ma! e the Court shall maFe an order settingaside the dismissal and shall appoint a da! for proceeding with the suit.

. 7ismissal of suit where plaintiff after summons returned unserved fails for one month to appl! for freshsummonsI >$? Where after a summons has een issued to the defendant or to one of several defendantsand returned unserved the plaintiff fails for a periods of @$29@one month from the date of the return made tothe Court ! the officer ordinaril! certif!ing to the Court returns made ! the serving officers to appl! for theissue of a fresh summons the Court shall maFe an order that the suit e dismissed as against such

defendant unless the plaintiff has within the said period satisfied the Court thatI

>a? he has failed after using his est endeavours to discover the residence of the defendant who has noteen served or

>? such defendant is avoiding service of process or

>c? there is an! other sufficient cause for extending the time

in which case the Court ma! extend the time for maFing such application for such period as it thinFs fit.

>9? (n such case the plaintiff ma! >suGect to the law of limitation? ring a fresh suit.

2. &rocedure when onl! plaintiff appearsI >$? Where the plaintiff appears and the defendant does notappear when the suit is called on for hearing thenI

@$2- @>a? When summons dul! servedIif it is proved that the summons was dul! served the Court ma!maFe an order that the suit shall e heard ex parte.

>? When summons not dul! servedIif it is not proved that the summons was dul! serve the Court shalldirect a second summons to e issued and served on the defendant;

>c? When summons served ut not in due timeIif it is proved that the summons was served on thedefendant ut not in sufficient time to enale him to appear and answer on the da! fixed in the summons

the Court shall postpone the hearing of the suit to future da! to e fixed ! the Court and shall direct noticeof such da! to e given to the defendant.

>9? Where it is owing to the plaintiffsK default that the summons was not dul! served or was not served insufficient time the Court shall order the plaintiff to pa! the costs occasioned ! the postponement.

3. &rocedure where defendant appears on da! of adGourned hearing and assigns good cause for previousnon#appearanceI Where the Court has adGourned the hearing of the suit ex#parte and the defendant at orefore such hearing appears and assigns good cause for his previous non#appearance he ma! upon suchterms as the Court directs as to costs or otherwise e heard in answer to the suit as if he had appeared onthe da! fixed for his appearance.

%. &rocedure where defendant onl! appearsI Where the defendant appears and the plaintiff does notappear when the suit is called on for hearing the Court shall maFe an order that the suit e dismissedunless the defendant admits the claim or part thereof in which case the Court shall pass a decree againstthe defendant upon such admission and where part onl! of the claim has een admitted shall dismiss thesuit so far as it relates to the remainder.

,. 7ecree against plaintiff ! default ars fresh suitI >$? Where a suit is wholl! or partl! dismissed underrule % the plaintiff shall e precluded from ringing a fresh suit in respect of the same cause of action. =ut he

ma! appl! for an order to set the dismissal aside and if he satisfies the Court that there was sufficient causefor his non#appearance when the suit was called on for hearing the Court shall maFe an order setting asidethe dismissal upon such terms as to costs or otherwise as it thinFs fit. and shall appoint a da! for proceedingwith suit.

>9? *o order shall e made under this rule unless notice of the application has een served on the oppositepart!.

$<. &rocedure in case of non#attendance of one or more of several plaintiffsI Where there are moreplaintiffs than one and one or more of them appear and the others do not appear the Court ma! at theinstance of the plaintiff or plaintiffs appearing permit the suit to proceed in the same wa! as if all the plaintiffshad appeared or maFe such order as it thinFs fit.



$$. &rocedure in case of non#attendance of one or more of several defendantsI Where there are moredefendants than one and one or more of them appear and the others do not appear the suit shall proceedand the Court shall at the time of pronouncing Gudgment maFe such order as it thinFs fit with respect to thedefendants who do not appear.

$9. ConseDuence of non#attendance without sufficient cause shown of part! ordered to appear in personIWhere a plaintiff or defendant who has een ordered to appear in person does not appear in person orshow sufficient cause to the satisfaction of the Court for failing so to appear he shall e suGect to all the

provisions of the foregoing rules applicale to plaintiffs and defendants respectivel! who do no appear.

Setting aside decrees ex parte

$-. Setting aside decree =(ex parte against defendantI (n an! case in which a decree is passed ex parteagainst a defendant he ma! appl! to the Court ! which the decree was passed for an order to set it aside;and if he satisfies the Court that the summons was not dul! served or that he was prevented ! an!sufficient cause from appearing when the suit was called on for hearing the Court shall maFe an ordersetting aside the decree as against him upon such terms as to costs pa!ment into Court or otherwise as itthinFs fit and shall appoint a da! for proceeding with the suit;

&rovided that where the decree is of such a nature that it cannot e set aside as against such defendant onl!it ma! e set aside as against all or an! of the other defendants also"

@$24 @&rovided further that no Court shall set aside a decree passed ex parte merel! on the ground that

there has een an irregularit! in the service of summons if it is satisfied that the defendant had notice of thedate of hearing and had sufficient time to appear and answer the plaintiffKs claim

@$2 @Explanation.IWhere there has een an appeal against a decree passed ex parte under this rule andthe appeal has een disposed of an an! ground other than the ground that the appellant has withdrawn theappeal no application shall lie under this rule for setting aside that ex parte decree.

$4. *o decree to e set aside without notice to opposite part!I *o decree shall e set aside on an! suchapplication as aforesaid unless notice thereof has een served on the opposite part!.

ORDER )&E)A$INATION O+ PARTIES B% T-E CO'RT

$. Ascertainment whether allegations in pleadings are admitted or deniedI At the first hearing of the suit theCourt shall ascertain from each part! or his pleader whether he admits or denies such allegations of fact as

are made in the plaint or written statement >if an!? of the opposite part! and as are not expressl! or !necessar! implication admitted or denied ! the part! against whom the! are made. 0he Court shall recordsuch admissions and denials.

@$22@9. 6ral examination of part! or companion of part!I >$? At the first hearing of the suit the CourtI

>a? shall with a view to elucidating matters in controvers! in the suit examine orall! such of the parties to thesuit appearing in person or present in Court as it deems fit; and

>? ma! orall! examine an! person ale to answer an! material Duestion relating to the suit ! whom an!part! appearing in person or present in Court or his pleader is accompanied.

>9? At an! suseDuent hearing the Court ma! orall! examine an! part! appearing in person or present inCourt or an! person ale to answer an! material Duestion relating to the suit ! whom such part! or hispleader is accompanied.

>-? 0he Court ma! if it thinFs fit put in the course of an examination under this rule Duestions suggested !either part!.

-. Sustance of examination to e writtenI 0he sustance of the examination shall e reduced to writing !the Judge and shall form part of the record.

4. ConseDuence of refusal or inailit! of pleader to answerI >$? Where the pleader of an! part! whoappears ! a pleader or an! such person accompan!ing a pleader as is referred to in rule 9 refuses or isunale to answer an! material Duestion relating to the suit which the Court is of opinion that the part! whomhe represents ought to answer and is liFel! to e ale to answer if interrogated in person the Court ma!postpone the hearing of the suit to a future da! and direct that such part! shall appear in person on such da!.



>9? (f such part! fails without lawful excuse to appear in person on the da! so appointed the Court ma!pronounce Gudgment against him or maFe such order in relation to the suit as it thinFs fit.

ORDER )I&DISCO*ER% AND INSPECTION

$. 7iscover! ! interrogatoriesI (n an! suit the plaintiff or defendant ! leave of the Court ma! deliverinterrogatories in writing for the examination of the opposite parties or an! one or more of such parties andsuch interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories

each of such persons is reDuired to answer" &rovided that no part! shall deliver more than one set ofinterrogatories to the same part! without an order for that purpose " &rovided also that interrogatories whichdo not relate to an! matters in Duestion in the suit shall e deemed irrelevant notwithstanding that the! mighte admissile on the oral cross#examination of a witness.

9. &articular interrogatories to e sumittedI 6n an application for leave to deliver interrogatories theparticular interrogatories proposed to e delivered shall e sumitted to the Court. (n deciding upon suchapplication the Court shall taFe into account an! offer which ma! e made ! the part! sought to einterrogated to deliver particulars or to maFe admissions or to produce documents relating to the matters inDuestion or an! of them and leave shall e given as to such onl! of the interrogatories sumitted as theCourt shall consider necessar! either for disposing fairl! of the suit or for saving costs.

-. Costs of interrogatoriesI (n adGusting the costs of the suit inDuir! shall at the instance of an! part! emade into the propriet! of exhiiting such interrogatories and if it is the opinion of the taxing officer or of the

Court either with or without an application for inDuir! that such interrogatories have een exhiitedunreasonal! vexatiousl! or at improper length the cost occasioned ! the said interrogatories and theanswers thereto shall e paid in an! event ! the part! in fault.

4. :orm of interrogatories. I (nterrogatories shall e in :orm *o. 9 in Appendix C with such variations ascircumstances ma! reDuire.

. CorporationsI Where an! part! to a suit is a corporation or a od! of persons whether incorporated ornot empowered ! law to sue or e sued whether in its own name or in the name of an! officer or otherperson an! opposite part! ma! appl! for an order allowing him to deliver interrogatories to an! memer orofficer of such corporation or od! and an order ma! e made accordingl!.

2. 6Gections to interrogatories ! answerI An! oGection to answering an! interrogator! on the ground thatit is scandalous or irrelevant or not exhiited ona fide for the purpose of the suit or that the matters inDuiredinto are not sufficientl! material at that stage @$23@or on the ground of privilege or an! other ground ma! e

taFen in the affidavit in answer.

3. Setting aside and striFing out interrogatoriesI An! interrogatories ma! e set aside on the ground thatthe! have een exhiited unreasonal! or vexatiousl! or strucF out on the ground that the! are prolixoppressive unnecessar! or scandalous; and an! application for this purpose ma! e made within sevenda!s after service of the interrogatories.

%. Affidavit in answer filingI (nterrogatories shall e answered ! affidavit to e filed within ten da!s orwithin such other time as the Court ma! allow.

,. :orm of affidavit in answerI An affidavit in answer to interrogatories shall e in :orm *o. - in Appendix Cwith such variations as circumstances ma! reDuire.

$<. *o exception to e taFenI *o exceptions shall e taFen to an! affidavit in answer ut the sufficienc! or

otherwise of an! such affidavit oGected to as insufficient shall e determined ! the Court.$$. 6rder to answer or answer furtherI Where an! person interrogated omits to answer or answerinsufficientl! the part! interrogating ma! appl! to the Court for an order reDuiring him to answer or to answer further as the case ma! e. And an order ma! e made reDuiring him to answer or answer further either !affidavit or ! viva voice examination as the Court ma! direct.

$9. Application for discover! of documentsI An! part! ma! without filing an! affidavit appl! to the Court foran order directing an! other part! to an! suit to maFe discover! on oath of the documents which are or haveeen in his possession or power relating to an! matter in Duestion therein. 6n the hearing of suchapplication the Court ma! either refuse or adGourn the same if satisfied that such discover! is not necessar!or not necessar! at that stage of the suit or maFe such order either generall! or limited to certain classes ofdocuments as ma! in its discretion e thought fit "



&rovided that discover! shall not e ordered when and so far as the Court shall e of opinion that it is notnecessar! either for disposing fairl! of the suit or for saving costs.

$-. Affidavit of documentsI 0he affidavit to e made ! a part! against whom such order as is mentioned inthe last preceding rule has een made shall specif! which >if an!? of the documents therein mentioned heoGects to produce and it shall e in :orm *o. in Appendix C with such variations as circumstances ma!reDuire.

$4. &roduction of documentsI (t shall e lawful for the Court at an! time during the pendenc! of an! suit toorder the production ! an! part! thereto upon oath of such of the documents in his possession or powerrelating to an! matter in Duestion in such suit as the Court shall thinF right; and the Court ma! deal with suchdocuments when produced in such manner as shall appear Gust.

$. (nspection of documents referred to in pleadings or affidavitsI Ever! part! to a suit shall e entitled atan! time to give notice to an! other part! in whose pleadings or affidavits reference is made to an!document @$2%@or who has entered an! document in an! list annexed to his pleadings or produce suchdocument for the inspection of the part! giving such notice or of his pleader and to permit him or them totaFe copies thereof; and an! part! not compl!ing with such notice shall not afterwards e at liert! to put an!such document in evidence on his ehalf in such suit unless he shall satisf! the Court that such documentrelates onl! to his own title he eing a defendant to the suit or that he had some other cause or excuse withthe Court shall deem sufficient for not compl!ing with such notice in which case the Court ma! allow thesame to e put in evidence on such terms as to costs an otherwise as the Court shall thinF fit.

$2. *otice to produceI *otice to an! part! to produce an! documents referred to in his pleading or affidavitsshall e in :orm *o. 3 in Appendix C with such variations as circumstances ma! reDuire.

$3. 0ime for inspection when notice givenI 0he part! to whom such notice is given shall within ten da!sfrom the receipt of such notice deliver to the part! giving the same a notice stating a time within three da!sfrom the deliver! thereof at which the documents or such of them as he does not oGect to produce ma! einspected at the office of his pleader or in the case of anFers ooFs or other ooFs of account or ooFs inconstant use for the purposes of an! trade or usiness at their usual place of custod! and stating which >ifan!? of the documents he oGects to produce and on what ground. Such notice shall e in :orm *o. % in

Appendix C with such variations as circumstances ma! reDuire.

$%. 6rder for inspectionI >$? Where the part! served with notice under rule $ omits to give such notice of atime for inspection or oGects to give inspection or offers inspection elsewhere than at the office of his

pleader the Court ma! on the application of the part! desiring it maFe an order for inspection in such placeand in such manner as it ma! thinF fit "

&rovided that the order shall not e made when and so far as the Court shall e of opinion that it is notnecessar! either for disposing fairl! of the suit or for saving costs.

>9? An! application to inspect documents except such as are referred to in the pleadings particulars oraffidavits of the part! against whom the application is made or disclosed in his affidavit of documents shalle founded upon an affidavit showing of what documents inspection is sought that the part! appl!ing isentitled to inspect them and that the! are in the possession or power of the other part!. 0he Court shall notmaFe such order for inspection of such documents when and so far as the Court shall e of opinion that it isnot necessar! either for disposing fairl! of the suit or for saving costs.

$,. 8erified copiesI >$? Where inspection of an! usiness ooFs is applied for the Court ma! if it thinFs fitinstead of ordering inspection of the original ooFs order a cop! of an! entries therein to e furnished and

verified ! the affidavit of some person who has examined the cop! with the original entries and suchaffidavit shall state whether or not there are in the original ooF an! and what erasures interlineations oralterations "

&rovided that notwithstanding that such cop! has een supplied the Court ma! order inspection of the ooFfrom which the cop! was made.

>9? Where on an application for an order for inspection privilege is claimed for an! document it shall elawful for the Court to inspect the document for the purpose of deciding as to the validit! of the claim ofprivilege @$2,@unless the document relates to matters of State.



>-? 0he Court ma! on the application of an! part! to a suit at an! time and whether an affidavit ofdocuments shall or shall not have alread! een ordered or made maFe an order reDuiring an! other part! tostate ! affidavit whether an!one or more specific documents to e specified in the application is or are orhas or have at an time een in his possession or power and if not then in his possession when he partedwith the same and what has ecome thereof. Such application shall e made on an affidavit stating that inthe elief of the deponent the part! against whom the application is made has or has at some time and inhis possession or power the document or documents specified in the application and that the! relate to thematters in Duestions in the suit or to some of them.

9<. &remature discover!I Where the part! from whom discover! of an! Find or inspection is sought oGectsto the same or an! part thereof the Court ma! if satisfied that the right to the discover! or inspection soughtdepends on the determination of an! issue or Duestion in dispute in the suit or that for an! other reason it isdesirale that an! issue or Duestion in dispute in the suit should e determined efore deciding upon the rightto the discover! or inspection order that such issue or Duestion e determined first and reserve the Duestionas to the discover! or inspection.

9$. *on#compliance with order for discover!I @$3<@>$? Where an! part! fails to compl! with an! order toanswer interrogatories or for discover! or inspection of documents he shall if a plaintiff e liale to have hissuit dismissed for want of prosecution and if a defendant to have his defence if an! strucF out and to eplaced in the same position as if he had not defended and the part! interrogating or seeFing discover! orinspection ma! appl! to the Court for an order to that effect and @$3$@an order ma! e made on suchapplication accordingl! after notice to the parties and after giving them a reasonale opportunit! of eing

heard.

@$39 @>9? Where an order is made under su#rule >$? dismissing an! suit the plaintiff shall e precluded fromringing a fresh suit on the same cause of action.

99. /sing answers to interrogatories at trialI An! part! ma! at the trial of a suit use in evidence an! one ormore of the answers or an! part of an answer of the opposite part! to interrogatories without putting in theothers or the whole of such answer " &rovided alwa!s that in such case the Court ma! looF at the whole ofthe answers and if it shall e of opinion that an! others of them are so connected with those put in that thelast#mentioned answers ought not to e used without them it ma! direct them to e put in.

9-. 6rder to appl! to minorsI 0his 6rder shall appl! to minor plaintiffs and defendants and to the nextfriends and guardians for the suit of the persons under disailit!.

ORDER )II&AD$ISSION$. *otice of admission of caseI An! part! to a suit ma! give notice ! his pleading or otherwise in writingthat he admits the truth of the whole or an! part of the case of an! other part!.

9. *otice to admit documentsI Either part! ma! call upon the other part! @$3-@to admit within fifteen da!sfrom the date of service of the notice an! document saving all Gust exceptions; and in case of refusal orneglect to admit after such notice the costs of proving an! such document shall e paid ! the part! soneglecting or refusing whatever the result of the suit ma! e unless the Court otherwise directs; and nocosts of proving an! document shall e allowed unless such notice is given except where the omission togive the notice is in the opinion of the Court a saving of expense.

@$34@9A. 7ocument to e deemed to e admitted if not divided after service of notice to admit documentsI>$? Ever! document which a part! is called upon to admit if not denied specificall! or ! necessar!implication or stated to e not admitted in the pleading of that part! or in his repl! to the notice to admit

documents shall e deemed to e admitted except as against a person under a disailit! "

&rovided that the Court ma! in its discretion and for reasons to e recorded reDuire an! document soadmitted to e proved otherwise than ! such admission.

>9? Where a part! unreasonal! neglects or refuses to admit a document after the service on him of thenotice to admit documents the Court ma! direct him to pa! costs to the other part! ! wa! of compensation.

-. :orm of noticeI A notice to admit documents shall e in :orm *o. , in Appendix C with such variationsas circumstances ma! reDuire.

-A. &ower of Court to record admissionI *otwithstanding that no notice to admit documents has een givenunder rule 9 the Court ma! at an! stage of the proceeding efore it of its own motion call upon an! part! to



admit an! document and shall in such a case record whether the part! admits or refuses or neglects toadmit such document.

4. *otice to admit actsI An! part! ma! ! notice in writing at an! time not later than nine da!s efore theda! fixed for the hearing call on an! other part! to admit for the purposes of the suit onl! an! specific fact or facts mentioned in such notice. And in case of refusal or neglect to admit the same within six da!s afterservice of such notice or within such further time as ma! e allowed ! the Court the costs of proving suchfact or facts shall e paid ! the part! so neglecting or refusing whatever the result of the suit ma! e

unless the Court otherwise directs"

&rovided that an! admission made in pursuance of such notice is to e deemed to e made onl! for thepurposes of the particular suit and not as an admission to e used against the part! on an! other occasionor in favour of an! person other than the part! giving the notice"

&rovided also that the Court ma! at an! time allow an! part! to amend or withdraw an! admission so madeon such terms as ma! e Gust.

. :orm of admissionsI A notice to admit facts shall e in :orm *o. $< in Appendix C and admissions offacts shall e in :orm *o. $$ in Appendix C with such variations as circumstances ma! reDuire.

@$3@2. Judgment on admissionsI >$? Where admissions of fact have een made either in the pleading orotherwise whether orall! or in writing the Court ma! at an! stage of the suit either on the application of an!part! or of its own motion and without waiting for the determination of an! other Duestion etween the

parties maFe such order or give such Gudgment as it ma! thinF fit having regard to such admissions.

>9? Whenever a Gudgment is pronounced under su#rule >$? a decree shall e drawn upon in accordance withthe Gudgment and the decree shall ear the date on which the Gudgment was pronounced.

3. Affidavit of signatureI An affidavit of the pleader or his clerF of the due signature of an! admissions madein pursuance of an! notice to admit documents or facts shall e sufficient evidence of such admissions ifevidence thereof is reDuired.

%. *otice to produce documentsI *otice to produce documents shall e in :orm *o. $9 in Appendix C withsuch variations as circumstances ma! reDuire. An affidavit of the pleader or his clerF of the service of an!notice to produce and of the time when it was served with a cop! of the notice to produce shall in all casese sufficient evidence of the service of the notice and of the time it was served.

,. CostsI (f a notice to admit or produce specifies documents which are not necessar! the costsoccasioned there! shall e orne ! the part! giving such notice.

ORDER )III&PROD'CTION, I$PO'NDIN AND RET'RN O+ DOC'$ENTS

$. 7ocumentar! evidence to e produced @$32@at or efore the settlement of issuesI >$? 0he parties ortheir pleaders shall produce @$33@at or efore the settlement of issues all the documentar! evidence ofever! description in their possession or power on which the! intend to rel! and which has not alread! eenfiled in Court and all documents which the Court has ordered to e produced.

>9? 0he Court shall receive the documents so produced " &rovided that the! are accompanied ! an accuratelist thereof prepared in such form as the High Court directs.

9. Effect of non#production of documentsI @$3%@>$? *o documentar! evidence in the possession or powerof an! part! which should have een ut has not een produced in accordance with the reDuirements of rule

$ shall e received at an! suseDuent stage of the proceedings unless good cause is shown to thesatisfaction of the Court for the non#production thereof; and the Court receiving an! such evidence shallrecord the reasons for so doing.

@$3, @>9? *othing in su#rule >$? shall appl! to documents I

>a? produced for the cross#examination of the witness of the other part! or

>? handed over to a witness merel! to refresh his memor!.

-. ReGection of irrelevant or inadmissile documentsI 0he Court ma! at an! stage of the suit reGect an!document which it considers irrelevant or otherwise inadmissile recording the grounds of such reGection.



4. Endorsements on documents admitted in evidenceI >$? SuGect to the provisions of the next followingsu# rule there shall e endorsed on ever! document which as een admitted in evidence in the suit thefollowing particulars namel! "I

>a? the numer and title of the suit

>? the name of the person producing the document

>c? the date on which it was produced and

>d? a statement of its having een so admitted

and the endorsement shall e signed or initialled ! the Judge.

>9? Where a document so admitted is an entr! in a ooF account or record and a cop! thereof has eensustituted for the original under the next following rule the particulars aforesaid shall e endorsed on thecop! and the endorsement thereon shall e signed or initialled ! the Judge.

. Endorsements on copies of admitted entries in ooFs accounts and recordsI >$? Save in so far as isotherwise provided ! the =anFersK =ooFs Evidence Act $%,$ > $% of $%,$? where a document admitted inevidence in the suit is an entr! in a letter#ooF or a shop#ooF or a or other account in current use the part!on whose ehalf the ooF or account is produced ma! furnish a cop! of the entr!.

>9? Where such a document is an entr! in a pulic record produced from a pulic office or ! a pulic officer

or an entr! in a ooF or account elonging to a person other than a part! on whose ehalf the ooF oraccount is produced the Court ma! reDuire a cop! of the entr! to e furnishedI

>a? where the record ooF or account is produced on ehalf of a part! then ! that part! or

>? where the record ooF or account is produced in oedience to an order of the Court acting of its ownmotion then ! either or an! part!.

>-? Where a cop! of an entr! is furnished under the foregoing provisions of this rule the Court shall afteraccusing the cop! to e examined compared and certified in manner mentioned in rule $3 of 6rder 8(( marFthe entr! and cause the ooF account or record in which it occurs to e returned to the person producing it.

2. Endorsements on documents reGected as inadmissile in evidenceI Where a document relied on asevidence ! either part! is considered ! the Court to e inadmissile in evidence there shall e endorsedthereon the particulars mentioned in clauses >a? >? and >c? of rule 4 su#rule >$? together with a statementof its having een reGected and the endorsement shall e signed or initialled ! the Judge.

3. recording of admitted and return or reGected documentsI >$? Ever! document which has een admitted inevidence or a cop! thereof where a cop! has een sustituted for the original under rule shall form part ofthe record of the suit.

>9? 7ocuments not admitted in evidence shall not form part of the record and shall e returned to the personsrespectivel! producing them.

%. Court ma! order an! document to e impoundedI *otwithstanding an!thing contained in rule or rule 3of this 6rder or in rule $3 of 6rder 8(( the Court ma! if it sees sufficient cause direct an! document or ooFproduced efore it in an! suit to e impounded and Fept in the custod! of an officer of the Court for suchperiod and suGect to such conditions as the Court thinF fit.

,. Return of admitted documentsI >$? An! person whether a part! to the suit or not desirous of receivingacF an! document produced ! him in the suit and placed on the record shall unless the document isimpounded under rule % e entitled to receive acF the sameI

>a? where the suit is one in which an appeal is not allowed when the suit has een disposed of and

>? where the suit is one in which an appeal is allowed when the Court is satisfied that the time for preferringan appeal has elapsed and that no appeal has een preferred or if an appeal has een preferred when theappeal has een disposed of "

@$%< @&rovided that a document ma! e returned at an! time earlier than that prescried ! this rule if theperson appl!ing thereforI



>a? delivers to the proper officer for eing sustituted for the originalI

>i? in the case of a part! to the suit a certified cop! and

>ii? in the case of an! other person an ordinar! cop! which has een examined compared and certified inthe manner mentioned in su#rule >9? of rule $3 of 6rder 8(( and

>? undertaFes to produce the original if reDuired to do so "

&rovided also that no document shall e returned with ! force of the decree has ecome wholl! void oruseless.

>9? 6n the return of a document admitted in evidence a receipt shall e given ! the person receiving it.

$<. Court ma! send for papers from its own records or from other CourtsI >$? 0he Court ma! of its ownmotion and ma! in its discretion upon the application of an! of the parties to a suit send for either from itsown records or from an! other suit or proceedings and inspect the same.

>9? Ever! application made under this rule >unless the Court otherwise directs? e supported ! an affidavitshowing how the record is material to the suit in which the application is made and that the applicant cannotwithout unreasonale dela! or expense otain a dul! authenticated cop! of the record or of such portionthereof as the applicant reDuires or that the production of the original is necessar! for the purposes of

Gustice.

>-? *othing contained in this rule shall e deemed to enale the Court to use in evidence an! documentwhich under the law of evidence would e inadmissile in the suit.

$$. &rovisions as to documents applied to material oGectsI 0he provisions therein contained as todocuments shall so far as ma! e appl! to all other material oGects producile as evidence.

ORDER )I*&SETT#E$ENT O+ ISS'ES AND DETER$INATION O+ S'IT ON ISS'ES O+ #A OR ONISS'ES AREED 'PON

$. :raming of issuesI >$? (ssues arise when a material proposition of fact or law is affirmed ! the one part!and denied ! the other.

>9? )aterial propositions are those propositions of law or fact which a plaintiff must allege in order to show aright to sue or a defendant must allege in order to constitute his defence.

>-? Each material proposition affirmed ! one part! denied ! the other shall form the suGect of distinctissue.

>4? (ssues are of two Finds "

>a? issues of fact

>? issues of law.

>? At the first hearing of the suit the Court shall after reading the plaint and the written statements if an!and @$%$@after examination under rule 9 of 6rder 5 and after hearing the parties or their pleaders ascertainupon what material propositions of fact or of law the parties are at variance and shall thereupon proceed toframe and record the issues on which the right decision of the case appears to depend.

>2? *othing in this rule reDuires the Court to frame and record issues where the defendant at the first hearing

of the suit maFes no defence.

@$%9@9. Court to pronounce Gudgment on all issuesI >$? *otwithstanding that a case ma! e disposed of onpreliminar! issue the Court shall suGect to the provisions of su#rule >9? pronounce Gudgment on all issues.

>9? Where issues oth of law and of fact arise in the same suit and the Court is of opinion that the case oran! part thereof ma! e disposed of on an issue of law onl! it ma! tr! that issue first if that issue relates toI

>a? the Gurisdiction of the Court or

>? a ar to the suit created ! an! law for the time eing inforce.



and for that purpose ma! if it thinFs fit postpone the settlement of the other issues until after that issue haseen determined and ma! deal with the suit in accordance with the decision on that issue.

-. )aterials from which issues ma! e framedI 0he Court ma! frame the issues from all or an! of thefollowing materials "I

>a? allegations made on oath ! the parties or ! an! persons present on their ehalf or made ! thepleaders of such parties;

>? allegations made in the pleadings or in answers to interrogatories delivered in the suit;

>c? the contents of documents ! either part!.

4. Court ma! examine witnesses or documents efore framing issuesI Where the Court is of opinion thatthe issues cannot e correctl! framed without the examination of some person not efore the Court orwithout the inspection of some document not produced in the suit it ma! adGourn the framing of the issues toa future da! and ma! >suGect to an! law for the time eing in force? compel the attendance of an! person orthe production of an! document ! the person in whose possession or power it is ! summons or otherprocess.

. &ower to amend and striFe out issuesI >$? 0he Court ma! at an! time efore passing a decree amendthe issues or frame additional issues on such terms as it thinFs fit and all such amendments or additionalissues as ma! e necessar! for determining the matters in controvers! etween the parties shall e so made

or framed.

>9? 0he Court ma! also at an! time efore passing a decree striFe out an! issues that appear to it to ewrongl! framed or introduced.

2. Muestions of fact or law ma! ! agreement e stated in form of issuesI Where the parties to a suit areagreed as to the Duestion of fact or of law to e decided etween them the! ma! state the same in the formof an issue and enter into an agreement in writing that upon the finding of the Court in the affirmative or thenegative of such issueI

>a? a sum of mone! specified in the agreement or to e ascertained ! the Court or in such manner as theCourt ma! direct shall e paid ! one of the parties to the other of them or that one of them e declaredentitled to some right or suGect some liailit! specified in the agreement;

>? some propert! specified in the agreement and in dispute in the suit shall e delivered ! one of the

parties to the other of them or as that other ma! direct; or

>c? one or more of the parties shall do or astain from doing some particular act specified in the agreementand relating to the matter in dispute.

3. Court if satisfied that agreement was executed in good faith ma! pronounce GudgmentI Where the Courtis satisfied after maFing such inDuir! as it deems properI

>a? that the agreement was dul! executed ! the parties;

>? that the! have a sustantial interest in the decision of such Duestion as aforesaid and

>c? that the same is fit to e tried and decided

it shall proceed to record and tr! the issue and state its finding or decision thereon in the same manner as if

the issue had een framed ! the Court.

and shall upon the finding or decision on such issue pronounce Gudgment according to the terms of theagreement and upon the Gudgment so pronounced a decree shall follow

ORDER )*&DISPOSA# O+ T-E S'IT AT T-E +IRST -EARIN

$. &arties not at issueI Where at the first hearing of a suit it appears that the parties are not at issue on an!Duestion of law or of fact the Court ma! at once pronounce Gudgment.

9. 6ne of several defendants not at issueI @$%-@>$? Where there are more defendants than one and an!one of the defendants is not at issue with the plaintiff on an! Duestion of law or of fact the Court ma! at once



pronounce Gudgment for or against such defendant and the suit shall proceed onl! against the otherdefendants.

@$%4 @>9? Wherever a Gudgment is pronounced under this rule a decree shall e drawn up in accordance withsuch Gudgment and the decree shall ear the date on which the Gudgment was pronounced.

-. &arties at issueI >$? Where the parties are at issue on some Duestion of law or of fact and issues haveeen frame ! the Court as herein efore provided if the Court is satisfied that no further argument or

evidence than the parties can at once adduce is reDuired upon such of the issues as ma! e sufficient for thedecision of the suit and that no inGustice will result from proceeding with the suit forthwith the Court ma!proceed to determine such issues and if the finding thereon is sufficient for the decision ma! pronounce

Gudgment accordingl! whether the summons has een issued for the settlement of issues onl! or for the finaldisposal of the suit "

&rovided that where the summons has een issued for the settlement of issues onl! the parties or theirpleaders are present and none of them oGects.

>9? Where the finding is not sufficient for the decision the Court shall postpone the further hearing of the suitand shall fix a da! for the production of such further evidence or for such further argument as the casereDuires.

4. :ailure to produce evidenceI Where the summons has een issued for the final disposal of the suit andeither part! fails without sufficient cause to produce the evidence on which he relies the Court ma! at once

pronounce Gudgment or an! if it thinFs fit after framing and recording issues adGourn the suit for productionof such evidence as ma! e necessar! for its decision upon such issues.

S0A0E A)E*7)E*0S

/ttar &radesh.I (n its application to the State of /ttar &radesh add the following rule after rule 4.

. StriFing off defence for failure to deposit admitted rent etc.I >$? (n an! suit ! a lessor for the eviction ofa lessee after the determination of his lease and for the recover! from him of rent or compensation for useand occupation the defendant shall at or efore the first hearing of the suit deposit the entire amountadmitted ! him to e due together with interest thereon at the rate of nine per cent. per annum and whetheror not he admits an! amount to e due he shall throughout the continuation of the suit regularl! deposit themonthl! amount due within a weeF from the date of its accrual and in the event of an! default in maFing thedeposit of the entire amount admitted ! him to e due or the monthl! amount due as aforesaid the Court

ma! suGect to the provisions of su#rule >9? striFe off his defence.

Explanation $.I 0he expression first hearing means the date for filing written statement for hearingmentioned in the summons or where more than one of such dates are mentioned the last of the datesmentioned.

Explanation 9.I 0he expression entire amount admitted

! him to e due means the entire gross amount whether as rent or compensation for use and occupationcalculated at the admitted rate of rent for the admitted period of arrears after maFing no other deductionexcept the taxes if an! paid to a local authorit! in respect of the uilding on lessorKs account and theamount if an! paid to the lessor acFnowledged ! the lessor in writing signed ! him and the amount if an!deposited in an! Court under section -< of the /.&. /ran =uildings >Regulation of 'etting Rent andEviction? Act $,39.

Explanation -.I >$? 0he expression monthl! amount due means the amount due ever! month whether asrent or compensation for use and occupation at the admitted rate of rent after maFing no other deductionexcept the taxes if an! paid to a local authorit! in respect of the uilding on lessorKs account.

>9? =efore maFing an order for striFing off defence the Court ma! consider an! representation made ! thedefendant in that ehalf provided such representation is made within $< da!s of the first hearing or of theexpir! of the weeF referred to in su#section >$? as the case ma! e.

>-? 0he amount deposited under this rule ma! at an! time e withdrawn ! the plaintiff.

&rovided that such withdrawal shall not have the effect of preGudicing an! claim ! the plaintiff disputing thecorrectness of the amount deposited"



&rovided further that if the amount deposited includes an! sums claimed ! the depositor to e deductile onan! account the Court ma! reDuire the plaintiff to furnish the securit! for such sum efore he is allowed towithdraw the same.

@/.&. Act >3 of $,32? amended vide /.&. 1ovt. 1aette dated -.$<.$,%$.

ORDER )*I&S'$$ONIN AND ATTENDANCE O+ ITNESSES

@$%@$. 'ist of witnesses and summons to witnessesI >$? 6n or efore such date as the Court ma! appoint

and not later than fifteen da!s after the date on which the issues are settled the parties shall present in Courta list of witnesses whom the! propose to call either to give evidence or to produce documents and otainsummonses to such person for their attendance in Court.

>9? A part! desirous of otaining an! summons for the attendance of an! person shall file in Court anapplication stating therein the purpose for which the witness is proposed to e summoned.

>-? 0he Court ma! for reasons to e recorded permit a part! to call whether ! summoning through Courtor otherwise an! witness other than those whose names appear in the list referred to in su#rule >$? if suchpart shows sufficient cause for the omission to mention the name of such witness in the said list.

>4? SuGect to the provisions of su#rule >9? summonses referred to in this rule ma! e otained ! theparties on an application to the Court or to such officer as ma! e appointed ! the Court in this ehalf.

@$%2@$A. &roduction of witnesses without summonsI A suGect to the provisions of su#rule >-? of rule $and part! to the suit ma! without appl!ing for summons under rule $ ring an! witness to give evidence orto produce documents.

9. Expenses of witnesses to e paid into Court on appl!ing for summonsI >$? 0he part! appl!ing for asummons shall efore the summons is granted and within a period to e fixed pa! into Court such a sum ofmone! as appears to the Court to e sufficient to defra! the travelling and other expenses of the personsummoned in passing to and from the Court in which he is reDuired to attend and for one da!Ks attendance.

>9? ExpertsI(n determining the amount pa!ale under this rule the Court ma! in the case of an! personsummoned to give evidence as an expert allow reasonale remuneration for the time occupied oth in givingevidence and in performing an! worF of an expert character necessar! for the case.

>-? Scale of expensesIWhere the Court is suordinate to High Court regard shall e had in fixing the scaleof such expenses to a an! rules made in that ehalf.

@$%3 @>4? Expenses to e directl! paid to witnessesIWhere the summons is served directl! ! the part! ona witness the expenses referred to in su#rule >$? shall e paid to the witness ! the part! or his agent.

S0A0E A)E*7)E*0S

/ttar &radesh.I (n its application to the State of /ttar &radesh"I

>i? (n rule 9 su#rule >$? insert at the end the following proviso

&rovided where 1overnment is the part! appl!ing for a summons to a 1overnment servant it shall not enecessar! for it to maFe an! such pa!ment into Court.

>ii? After su#rule >4? insert the following namel!"I

>4#A? Allowances etc. of 1overnment servant witnesses to e taxed as costs.I An! travelling and dail!allowances and the salar! pa!ale to a 1overnment servant who attends the Court to give evidence or toproduce a document shall on the amount eing certified ! such witness e taxale as costs.

Explanation $.I 0he travelling and dail! allowances shall e in accordance with the rules governing suchallowances applicale to the 1overnment servant in Duestion.

Explanation 9I 0he dail! allowance and salar! of the 1overnment servant shall e proportionate to thenumer of da!s of his attendance reDuired ! the Court.

@/.&. Act 3 of $,32.



-. 0ender of expenses to witnessI 0he sum so paid into Court shall e tendered to the person summonedat the time of serving the summons if it can e served personall!.

4. &rocedure where insufficient sum paid inI >$? Where it appears to the Court or to such officer as itappoints in this ehalf that the sum paid into Court is not sufficient to cover such expenses or reasonaleremuneration the Court ma! direct such further sum to e paid to the person summoned as appears to enecessar! on that account and in case of default in pa!ment ma! order such sum to e levied !attachment and sale of the movale propert! of the part! otaining the summons; or the Court ma!

discharge the person summoned without reDuiring him to give evidence; or ma! oth order such lev! anddischarge such person as aforesaid.

>9? Expenses of witnesses detained more than one da!IWhere it is necessar! to detain the personsummoned for a longer period than one da! the Court ma! from time to time order the part! at whoseinstance he was summoned to pa! into Court such sum as is sufficient to defra! the expenses of hisdetention for such further period and in default of such deposit eing made ma! order such sum to elevied ! attachment and sale of the movale propert! of such part!; or the Court ma! discharge the personsummoned without reDuiring him to give evidence or ma! other order such lev! and discharge such personas aforesaid.

S0A0E A)E*7)E*0S

/ttar &radesh.I (n its application to the State of /ttar &radesh in 6rder 58( rule 4 add the following

proviso"I&rovided that nothing in this rule shall appl! to a case where the witness is a 1overnment servantsummoned at the instance of 1overnment as a part!.

@/.&. Act. 3 of $,32.

. 0ime place and purpose of attendance to e specified in summonsI Ever! summons for the attendanceof a person to give evidence or to produce a document shall specif! the time and place at which he isreDuired to attend and also whether his attendance is reDuired for the purpose of giving evidence or toproduce a document or for oth purposes; and an! particular document which the person summoned iscalled on to produce shall e descried in the summons with reasonale accurac!.

2. Summons to produce documentI An! person ma! e summoned to produce a document without eingsummoned to give evidence and an! person summoned merel! to produce a document shall e deemed tohave complied with the summons if he causes such document to e produced instead of attending personall!to produce the same.

3. &ower to reDuire persons present in Court to give evidence or produce documentI An! person present inCourt ma! e reDuired ! the Court to give evidence or to produce an! document then and there in hispossession or power.

@$%%@3A. Summons given to part! for serviceI >$? 0he Court ma! on the application of an! part! for theissue of a summons for the attendance of an! person permit such part! to effect service of such summonson such person and shall in such a case deliver the summons to such part! for service.

>9? 0he service of such summons shall e effected ! or on ehalf of such part! ! delivering or tendering tothe witness personall! a cop! thereof signed ! the Judge or such officer of the Court as he ma! appoint in

this ehalf and sealed with the seal of the Court.

>-? 0he provisions of rules $2 and $% of 6rder 8 shall appl! to a summons personall! served under this ruleas if the person effecting service were a serving officer.

>4? (f such summons when tendered is refused or if the person served refuses to sign andacFnowledgement of service or for an! reason such summons cannot e served personall! the Court shallon the application of the part! re#issue such summons to e served ! the Court in the same manner as asummons to a defendant.

>? Where a summons is served ! a part! under this rule the part! shall not e reDuired to pa! the feesotherwise chargeale for the service of summons.



%. Summons how servedI Ever! summons @$%,@under this 6rder not eing a summons delivered to apart! for service under rule 3A shall e served as nearl! as ma! e in the same manner as a summons to adefendant and the rules in 6rder 8 as to proof of service shall appl! in the case of all summonses servedunder this rule.

,. 0ime for serving summonsI Service shall in all cases e made a sufficient time efore the time specifiedin the summons for the attendance of the person summoned to allow him a reasonale time for preparationand for travelling to the place at which his attendance is reDuired.

$<. &rocedure whose witness fails to compl! with summonsI @$,<@>$? Where a person to whom a summonshas een issued either to attend to give evidence or to produce a document fails to attend or to produce thedocument in compliance with such summons the CourtI

>a? shall if the certificate of the serving officer has not een verified ! affidavit or if service of the summonshas een effected ! a part! or his agent or

>? ma! if the certificate of the serving officer has een so verified.

examine on oath the serving officer or the part! or his agent as the case ma! e who has effected serviceor cause him to e so examined ! an! Court touching the service or non#service of the summons.

>9? Where the Court sees reason to elieve that such evidence or production is material and that suchperson has without lawful excuse failed to attend or to produce the document in compliance with such

summons or has intentionall! avoided service it ma! issue a proclamation reDuiring him to attend to giveevidence or to produce the document at a time and place to e named therein; and a cop! of suchproclamation shall e affixed on the outer door or other conspicuous part of the house in which he ordinaril!resides.

>-? (n view of or at the time of issuing such proclamation or at an! time afterwards the Court ma! in itsdiscretion issue a warrant either with or without ail for the arrest of such person and ma! maFe an orderfor the attachment of his propert! to such amount as it thinFs fit not exceeding the amount of the costs ofattachment and of an! fine which ma! e imposed under rule $9 "

&rovided that no Court of Small Causes shall maFe an order for the attachment of immovale propert!.

$$. (f witness appears attachment ma! e withdrawnI Where at an! time after the attachment of hispropert! such person appears and satisfies the CourtI

>a? that he did not without lawful excuse fail to compl! with the summons or intentionall! avoid service and

>? where he has failed to attend at the time and place named in a proclamation issued under the lastproceeding rule that he had no notice of such proclamation in time to attend.

the Court shall direct that the propert! e released from attachment and shall maFe such order as to thecosts of the attachment as it thinFs fit.

$9. &rocedure if witness fails to appearI @$,$@>$? 0he Court ma! where such person does not appear orappears ut fails so to satisf! the Court impose upon him such fine not exceeding five hundred rupees as itthinFs fit having regard to his condition in life and all the circumstances of the case and ma! order hispropert! or an! part thereof to the attached and sold or if alread! attached under rule $< to e sold for thepurpose of satisf!ing all costs to such attachment together with the amount of the said fine if an!"

&rovided that if the person whose attendance is reDuired pa!s into Court the Costs and fine aforesaid theCourt shall order the propert! to e released from attachment.

@$,9 @>9? *otwithstanding that the Court has not issued a proclamation under su#rule >9? of rule $< norissued a warrant nor ordered attachment under su#rule >-? of that rule the Court ma! impose fine undersu# rule >$? of this rule after giving notice to such person to show cause wh! the fine should not eimposed.

$-. )ode of attachment.I0he provisions with regard to the attachment and sale of propert! in the executionof a decree shall so far as the! are applicale e deemed to appl! to an! attachment and sale under this6rder as if the person whose propert! is so attached were a Gudgment#detor.



$4. Court ma! of its own accord summon as witnesses strangers to suit.I SuGect to the provisions of thisCode as to attendance and appearance and to an! law for the time eing in force where the Court at an!time thinFs it necessar! @$,-@to examine an! person including a part! to the suit and not called as witness! a part! to the suit the Court ma! of its own motion cause such person to e summoned as a witness togive evidence or to produce an! document in his possession on a da! to e appointed and ma! examinehim as a witness or reDuire him to produce such document.

$. 7ut! of persons summoned give evidence or produce documentI SuGect as last aforesaid whoever is

summoned to appear and give evidence in a suit shall attend at the time an place named in the summons for that purpose and whoever is summoned to produce a document shall either attend to produce it or cause itto e produced at such time and place.

$2. When the! ma! departI >$? A person so summoned and attending shall unless the Court otherwisedirects attend at each hearing until the suit has een disposed of.

>9? 6n the application of either part! and the pa!ment through the Court of all necessar! expenses >if an!?the Court ma! reDuire an! person so summoned and attending to furnish securit! to attend at the next or an!other hearing or until the suit is disposed of and in default of his furnishing such securit! ma! order him toe detained in the civil prison.

$3. Application of rules $< to $-I 0he provisions of rules $< to $- shall so far as the! are applicale edeemed to appl! to an! person who having attended in compliance with a summons departs without lawful

excuse in contravention of rule $2.$%. &rocedure where witness apprehended cannot give evidence or produce documentI Where an! personarrested under a warrant is rought efore the Court in custod! and cannot owing to the asence of theparties or an! of them give the evidence or produce the document which he has een summoned to give orproduce the Court ma! reDuire him to give reasonale ail or other securit! for his appearance at such timeand place as it thinFs fit on such ail or securit! eing given ma! release him and in default of his givingsuch ail or securit! an! order him to e detained in the civil prison.

$,. *o witness to e ordered to attend in person unless resident within certain limitsI *o one shall eordered to attend in person to give evidence unless he residesI

>a? within the local limits of the CourtKs ordinar! original Gurisdiction or

>? without such limits ut at a place less than @$,4@one hundred or >where there is railwa! or steamer

communication or other estalished pulic conve!ance for five#sixths of the distance etween the placewhere he resides and the place were the Court is situate? less than @$,@five hundred Filometers distancefrom the Court#house "

@$,2 @&rovided that where transport ! air is availale etween the two places mentioned in this rule and thewitness is paid the fare ! air he ma! e ordered to attend in person.

9<. ConseDuence of refusal of part! to give evidence when called on ! CourtI Where an! part! to a suitpresent in Court refuses without lawful excuse when reDuired ! the Court to give evidence or to producean! document then and there in his possession or power the Court ma! pronounce Gudgment against him ormaFe such order in relation to the suit as it thinFs fit.

9$. Rules as to witnesses to appl! to parties summonedI Where an! part! to a suit is reDuired to giveevidence or to produce a document the provisions as to witnesses shall appl! to him so for as the! are

applicale.1942ORDER )*IA&ATTENDANCE O+ ITNESSES CON+INED OR DETAINED IN PRISONS

$. 7efinitionsI (n this 6rderI

>a? detained includes detained under an! law providing for preventive detention;

>? prison includesI

>i? an! place which has een declared ! the State 1overnment ! general or special order to e asusidiar! Gail; and

>ii? an! reformator! orstal institution or other institution of a liFe nature.



9. &ower to reDuire attendance of prisoners to give evidenceI Where it appears to a Court that the evidenceof a person confined or detained in a prison within the State is material in a suit the Court ma! maFe anorder reDuiring the officer in charge of the prison to produce that person efore the Court to give evidence "

&rovided that if the distance from the prison to the Court#house is more than twent!#five Filometres no suchorder shall e made unless the Court is satisfied that the examination of such person on commission will note adeDuate.

-. Expenses to e paid into CourtI >$? =efore maFing an! order under rule 9 the Court shall reDuire thepart! at whose instance or for whose enefit the order is to e issued to pa! into Court such sum of mone!as appears to the Court to e sufficient to defra! the expenses of the execution of the order including thetraveling and other expenses of the escort provided for the witness.

>9? Where the Court is suordinate to a High Court regard shall e had in fixing the scale of such expensesto an! rule made ! the High Court in that ehalf.

4. &ower of State 1overnment to exclude certain persons from the operation of rule 9I >$? 0he State1overnment ma! at an! time having regard to the matters specified in su#rule >9? ! general or specialorder direct that na! person or class of persons shall not e removed from the prison in which he or the!ma! e confined or detained and thereupon so long as the order remains in force no order made under rule9 whether efore or after the date of the order made ! the State 1overnment shall have effect in respect of such person or class of persons.

>9? =efore maFing an order under su#rule >$? the State 1overnment shall have regard to the followingmatters namel! "I

>a? the nature of the offence for which or the grounds on which the person or class of persons have eenordered to e confined or detained in prison;

>? the liFelihood of the disturance of pulic order if the person or class of persons is allowed to e removedfrom the prison; and

>c? the pulic interest generall!.

. 6fficer in charge of prison to astain from carr!ing out order in certain casesI Where the person inrespect of whom an order is made under rule 9 I

>a? is certified ! the medical officer attached to the prison as unfit to e removed from the prison ! reason

of sicFness or infirmit!; or

>? is under committal for trial or under remand pending trial or pending a preliminar! investigation; or

>c? is in custod! for a period which would expire efore the expiration of the time reDuired for compl! with theorder and for taFing him acF to the prison in which he is confined or detained ; or

>d? is a person to whom an order made ! the State 1overnment under rule 4 appliesthe officer in charge ofthe prison shall astain from carr!ing out the CourtKs order and shall send to the Court a statement of reasonfor so astaining.

2. &risoner to e rought to Court in custod!I(n an! other case the officer in charge of the prison shallupon deliver! of the CourtKs order cause the person named therein to e taFen to the Court so as to epresent at the time mentioned in such order and shall cause him to e Fept in custod! in or near the Courtuntil he has een examined or until the Court authorises him to e taFen acF to the prison in which he isconfined or detained.

3. &ower to issue commission for examination of witness in prisonI>$? Where it appears to the Court thatthe evidence of a person confined or detained in a pison whether within the State or elsewhere in (ndia ismaterial in a suit ut the attendance of such person cannot e secured under the preceding provisions of thisorder the Court ma! issue a commission for the examination of that person in the prison in which he isconfined or detained.

>9? 0he provisions of 6rder 558( shall so far ma! e appl! in relation to the examination on commission ofsuch person in prison as the! appl! in relation to the examination on commission of an! other person.

ORDER )*II&AD.O'RN$ENTS



$. Court ma! grant time and adGourn hearingI>$? 0he Court ma! if sufficient cause is shown at an! stage of the suit grant time to the parties or to an! of them and ma! from time to time adGourn the hearing of the suit.

>9? Costs of adGournmentI(n ever! such case the Court shall fix a da! for the further hearing of the suit andma! maFe such order as it thinFs fit with respect to the costs occasioned ! the adGournment"

@$,%@&rovided thatI

>a? When the hearing of the suit has commenced it shall e continued from da!#to#da! until all the witnesses

in attendance have een examined unless the Court finds that for the exceptional reasons to e recorded! it the adGournment of the hearing e!ond the following da! is necessar!.

>? no adGournment shall e granted at the reDuest of a part! except where the circumstances are e!ondthe control of that part!.

>c? the fact that the pleader of a part! is engaged in another Court shall not e a ground for adGournment.

>d? where the illness of a pleader or his inailit! to conduct the case for an! reason other than his eingengaged in another Court is put forward as a ground for adGournment the Court shall not grant theadGournment unless it is satisfied that the part! appl!ing for adGournment could not have engaged anotherpleader in time.

>e? where a witness is present in Court ut a part! or his pleader is not present or the part! or his pleaderthough present in Court is not read! to examine or cross#examine the witness the Court ma! if it thinFs fitrecord the statement of the witness and pass such orders as it thinFs fit dispensing with the examination#in#chief or cross#examination of the witness as the case ma! e ! the part! or his pleader not present or notread! as aforesaid.

9 . &rocedure if parties fail to appear on da! fixedI Where on an! da! to which the hearing of the suit isadGourned the parties or an! of them fail to appear the Court ma! proceed to dispose of the suit in one ofthe modes directed in that ehalf ! 6rder (5 or maFe such other order as it thinFs fit.

@$,, @Explanation.IWhere the evidence or a sustantial portion of the evidence of an! part! has alread!een recorded and such part! fails to appear on an! da! to which the hearing of the suit is adGourned theCourt ma! in its discretion proceed with the case as if such part! were present.

- . Court ma! proceed notwithstanding either part! fails to produce evidence etc.I Where an! part! to asuit to whom time has een granted fails to produce his evidence or to cause the attendance of his

witnesses or to perform an! other act necessar! to the further progress of the suit for which time has eenallowed @9<<@the Court ma! notwithstanding such defaultI

>a? if the parties are present proceed to decide the suit forthwith or

>? if the parties are or an! of them is asent proceed under rule 9.

ORDER )*III& -EARIN O+ T-E S'IT AND E)A$INATION O+ ITNESSES

$ . Right to eginI 0he plaintiff has the right to egin unless the defendant admits the facts alleged ! theplaintiff and contends that either in point of law or on some additional facts alleged ! the defendant theplaintiff is not entitled to an! part of the relief which he seeFs in which case the defendant has the right toegin.

9 . Statement and production of evidenceI >$? 6n the da! fixed for the hearing of the suit or on an! other

da! to which the hearing is adGourned the part! having the right to egin shall state his case and produce hisevidence in support of the issues which he is ound to prove.

>9? 0he other part! shall then state his case and produce his evidence >if an!? and ma! then address theCourt generall! on the whole case.

>-? 0he part! eginning ma! then repl! generall! on the whole case.

@9<$ @>4? *otwithstanding an!thing contained in this rule the Court ma! for reasons to e recorded direct or permit an! part! to examine an! witness at an! stage.

- . Evidence where several issuesI Where there are several issues the urden of proving some of whichlies on the part! the part! eginning ma! at his option either produce his evidence on those issues or



reserve it ! wa! of answer to the evidence produced ! the other part!; and in the latter case the part!eginning ma! produce evidence on those issues after the other part! has produced all his evidence and theother part! ma! then repl! speciall! on the evidence so produced ! the part! eginning; ut the part!eginning will then e entitled to repl! generall! on the whole case.

@9<9@-A . &art! to appear efore other witnessesI Where a part! himself wishes to appear as a witness heshall so appear efore an! other witness on his ehalf has een examined unless the Court for reasons toe recorded permits him to appear as his own witness at a later stage.

4 . Witnesses to e examined in open CourtI 0he evidence of the witnesses in attendance shall e taFenorall! in open Court in the presence and under the personal direction and superintendence of the Gudge.

@9<-@@9<4 . How evidence shall e taFen in appealale cases I(n cases in which an appeal is allowed theevidence of each witness shall eI

>a? taFen down in the language of the CourtI

>i? in writing ! or in the presence and under the personal direction and superintendence of the Judge or

>ii? from the dictation of the Judge directl! on a t!pewriter or

>? if the Judge for reasons to e recorded so directs recorded mechanicall! in the language of the Court inthe presence of the Judge.

@9<2 . When deposition to e interpretedI Where the evidence is taFen down in language different fromthat in which it is given and the witness does not understand the language in which it is taFen down theevidence as taFen down in writing shall e interpreted to him in the language in which it is given.

@9<23 . Evidence under Section $-%.I Evidence taFen down under section $-% shall e in the formprescried ! rule and shall e read over and signed and as occasion ma! reDuire interpreted andcorrected as if it were evidence taFen down under that rule.

@9<3% . )emorandum when evidence not taFen down ! JudgeI Where the evidence is not taFen down inwriting ! the Judge @9<%@or from his dictation in the open Court or recorded mechanicall! in his presencehe shall e ound as the examination of each witness proceeds to maFe a memorandum of the sustanceof what each witness deposes and such memorandum shall e written and signed ! the Judge and shallform part of the record.

@9<,@@9$<, . When evidence ma! e taFen in EnglishI >$? Where English is not the language of the Courtut all the parties to the suit who appear in person and the pleaders of such of the parties as appear !pleaders do not oGect to having such evidence as is given in English eing taFen down in English theJudge ma! so taFe it down or cause it to e taFen down.

>9? Where evidence is not given in English ut all the parties who appear in person and the pleaders of suchof the parties as appear ! pleaders do not oGect to having such evidence eing taFen down in English theJudge ma! taFe down or cause to e taFen down such evidence in English.

$< . An! particular Duestion and answer ma! e taFen downI the Court ma! of its own motion or on theapplication of an! part! or his pleader taFe down an! particular Duestion and answer or an! oGection to an!Duestion if there appears to e an! special reason for so doing.

@9$$$$ . Muestions oGected to and allowed ! CourtI Where an! Duestion put to a witness is oGected to! a part! or his pleader and the Court allows the same to e put the Judge shall taFe down the Duestionthe answer the oGection and the name of the person maFing it together with the decision of the Courtthereon.

$9 . RemarFs on demeanour of witnessesI 0he Court ma! record such remarFs as it thinFs materialrespecting the demeanour of an! witness while under examination.

@9$9@@9$-$- . )emorandum of evidence in unappealale casesI (n cases in which an appeal is notallowed it shall not e necessar! to taFe down or dictate or record the evidence of the witnesses at length;ut the Judge as the examination of each witness proceeds shall maFe in writing or dictate directl! on thet!pewriter or cause to e mechanicall! recorded a memorandum of the sustance of what the witnessdeposes and such memorandum shall e signed ! the Judge or otherwise authenticated and shall formpart of the record.



@9$4$4 . @Judge unale to maFe such memorandum to record reasons of his liailit!. Rep. ! the Code ofCivil &rocedure >Amendment? Act $,32 >$<4 of $,32? s. 2, >w.e.f. $#9#$,33?.

@9$$ . &ower to deal with evidence taFen efore another JudgeI >$? Where a Judge is prevented !death transfer or other cause from concluding the trial of a suit his successor ma! deal with an! evidence or memorandum taFen down or made under the foregoing rules as if such evidence or memorandum had eentaFen down or made ! him or under his direction under the said rules and ma! proceed with the suit fromthe stage at which his predecessor left it.

>9? 0he provisions of su#rule >$? shall so far as the! are applicale e deemed to appl! to evidence taFenin a suit transferred under section 94.

@9$2$2 . &ower to examine witness immediatel!I >$? Where a witness is aout to leave the Gurisdiction ofthe Court or other sufficient cause is shown to the satisfaction of the Court wh! his evidence should e taFenimmediatel! the Court ma! upon the application of an! part! or of the witness at an! time after theinstitution of the suit taFe the evidence of such witness in manner herein efore provided.

>9? Where such evidence is not taFen forthwith and in the presence of the parties such notice as the CourtthinFs sufficient of the da! fixed for the examination shall e given to the parties.

>-? 0he evidence so taFen shall e read over to the witness and if he admits it to e correct shall e signed! him and the Judge shall if necessar! correct the same and shall sign it and it ma! then e read at an!hearing of the suit.

$3 . Court ma! recall and examine witnessI 0he Court ma! at an! stage of a suit recall an! witness whohas een examined and ma! >suGect to the law of evidence for the time eing in force? put such Duestions tohim as the Court thinFs fit.

@9$3$3A . &roduction of evidence not previousl! Fnown or which could not e produced despite duediligenceI Where a part! satisfies the Court that after the exercise of due diligence an! evidence was notwithin his Fnowledge or could not e produced ! him at the time when that part! was leading his evidencethe Court ma! permit that part! to produce that evidence at a later stage on such terms as ma! appear to itto e Gust.

$% . &ower of Court to inspectI 0he Court ma! at an! stage of a suit inspect an! propert! or thingconcerning which an! Duestion ma! arise @9$%@and where the Court inspects an! propert! or thing it shall assoon as ma! e practicale maFe a memorandum of an! relevant facts oserved at such inspection and

such memorandum shall form a part of the record of the suit.

ORDER )I)& A++IDA*ITS

$ . &ower to order an! point to e proved ! affidavitI An! Court ma! at an! time for sufficient reason orderthat an! particular fact or facts ma! e proved ! affidavit or that the affidavit of an! witness ma! e read atthe hearing on such conditions as the Court thinFs reasonale "

&rovided that where it appears to the Court that either part! ona fide desires the production of a witness forcross#examination and that such witness can e produced an order shall not e made authoriing theevidence of such witness to e given ! affidavit.

S0A0E A)E*7)E*0S

/ttar &radesh.I :or the existing proviso sustitute the following"I

&rovided that if it appears to the Court whether at the instance of either part! or otherwise and whetherefore or after the filing of such affidavit that the production of such witness for cross#examination isnecessar! and his attendance can e procured the Court shall order the attendance of such witnesswhereupon the witness ma! e examined cross# examined and re#examined..

@/.&. Act >3 of $,32?.

)adh!a &radesh.I (nsert the following rule after rule $"I

$#A. &roof of fact ! affidavit in certain cases.I *otwithstanding an!thing contrar! to rule $ the Court shallin a suit or proceeding referred to in su#rule -#= of 6rder $ and whether or not an! proceeding under the)adh!a &radesh Ceiling on Agricultural Holdings Act $,2< are pending efore the Competent Authorit!





>9? Judgments of other Courts@$IJudgments of other Courts contain a concise statement of the case thepoints for determination the decision thereon and the reasons for such decision.

@992 . Court to state its decision on each issueI (n suits in which issue have een framed the Court shallstate its finding or decision with the reasons therefore upon separate issue unless the finding upon an! oneor more of the issue is sufficient for the suit.

@993@A . Court to inform parties as to where an appeal lies in cases where parties are not represented !

pleadersI Except where oth the parties are represented ! pleaders the Court shall when it pronouncesits Gudgment in a case suGect to appeal inform the parties present in Court as to the Court to which anappeal lies and the period of limitation for the filing of such appeal and place on record the information sogiven to the parties.

2 . Contents of decreeI >$?0he decree shall agree with the Gudgment; it shall contain the numer of the suitthe @99%@names and descriptions of the parties their registered addresses and particulars of the claim andshall specif! clearl! the relief granted or other determination of the suit.

>9? 0he decree shall also state the amount of costs incurred in the suit and ! whom or out of what propert!and in what proportions such costs are to e paid.

>-? 0he Court ma! direct that the costs pa!ale to one part! ! the other shall e set off against an! sumwhich is admitted or found to e due from the former to the latter.

@99,@2A . 'ast paragraph of Gudgment to indicate in precise terms the reliefs grantedI >$? 0he lastparagraph of the Gudgment shall state in precise terms the relief which has een granted ! such Gudgment.

>9? Ever! endeavour shall e made to ensure that the decree is drawn up as expeditiousl! as possile andin an! case within fifteen da!s from the date on which the Gudgment is pronounced; ut where the decree isnot drawn up within the time aforesaid the Court shall if reDuested so to do ! a part! desirous of appealingagainst the decree certif! that the decree has not een drawn up and indicate in the certificate the reasonsfor the dela! and thereuponI

>a? an appeal ma! e preferred against the decree without filing a cop! of the decree and in such a case thelst paragraph of the Gudgment shall for the purposes of rule $ of 6rder 5'( e treated as the decree; and

>? so long as the decree is not drawn up the last paragraph of the Gudgment shall e deemed to e thedecree for the purpose of execution and the part! interested shall e entitled to appl! for a cop! of that

paragraph onl! without eing reDuired to appl! for a cop! of the whole of the Gudgment; ut as soon as adecree is drawn up the last paragraph of the Gudgment shall cease to have the effect of decree for thepurpose of execution or for an! other propose "

&rovided that where an application is made for otaining a cop! of onl! the last paragraph of the Gudgmentsuch cop! shall indicate the name and address of all the parties to the suit.

2= . Copies of t!pewritten Gudgments when to e made availaleI Where the Gudgment is t!pe#writtencopies of the t!pe#written Gudgment shall where it is practicale so to do e made availale to the partiesimmediatel! after the pronouncement of the Gudgment on pa!ment ! the part! appl!ing for such cop! ofsuch charges as ma! e specified in the rules made ! the High Court.

3 . 7ate of decreeI 0he decree shall ear the da! on which the Gudgment was pronounced and when theJudge has satisfied himself that the decree has een drawn up in accordance with the Gudgment he shallsign the decree.

% . &rocedure where Judge has vacated office efore signing decreeI Where a Judge has vacated officeafter pronouncing Gudgment ut without signing the decree a decree drawn up in accordance with such

Gudgment ma! e signed ! his successor or if the Court has ceased to exist ! the Judge of an! Court towhich such Court was suordinate.

, . 7ecree for recover! of immovale propert!I Where the suGect#matter of the suit is immovale propert!the decree shall contain a description of such propert! sufficient to identif! the same and where suchpropert! can e identified oundaries or ! numers in a record of settlement or surve! the decree shallspecif! such oundaries or numers.



$< . 7ecree for deliver! of movale propert!I Where the suit is for movale propert! and the decree is forthe deliver! of such propert! the decree shall also state the amount of mone! to e paid as an alternative ifdeliver! cannot e head.

$$ . 7ecree ma! direct pa!ment ! instalmentsI >$? Where and in so far as a decree is for the pa!ment ofmone! the Court ma! for an! sufficient reason @9-<@incorporate in the decree after hearing such of theparties who had appeared personall! or ! pleader at the last hearing efore Gudgment an order thatpa!ment of the amount decreed shall e postponed or shall e made ! installments with or without interest

notwithstanding an!thing contained in the contract under which the mone! is pa!ale.=/S

>9? 6rder after decree for pa!ment ! instalmentsIAfter the passing of an! such decree the Court ma! onthe application of the Gudgment#detor and with the consent of the decree#holder order that pa!ment of theamount decreed shall e postponed or shall e made ! instalments on such terms as to the pa!ment ofinterest the attachment of the propert! of the Gudgment#detor or the taFing of securit! from him orotherwise as it thinFs fit.

$9 . 7ecree for possession and =(mesne profitsI >$? Where a suit is for the recover! of possession ofimmovale propert! and for rent or mesne profits the Court ma! pass a decreeI

>a? for the possession of the propert!;

@9-$ @>? for the rents which have accrued on the propert! during the period prior to the institution of the suitor directing an inDuir! as to such rent;

>a? for the mesne profits or directing an inDuir! as to mesne profits;

>c? directing an inDuir! as to rent or mesne profits from the institution of the suit untilI

>i? the deliver! of possession to the decree#holder

>ii? the relinDuishment of possession ! the Gudgment#detor with notice to the decree#holder through theCourt or

>iii? the expiration of three !ears from the date of the decree whichever event first occurs.

>9? Where an inDuir! is directed under clause >? or clause >c? a final decree in respect of the rent or mesneprofits shall e passed in accordance with the result of such inDuir!.

@9-9@$9A . 7ecree for specific performance of contract for the sale or lease of immovale propert!I Wherea decree for the specific performance of contract for the sale or lease of immovale propert! orders that thepurchase mone! or other sum e paid ! the purchaser or lessee it shall specif! the period within which thepa!ment shall e made.

$- . 7ecree in administration suitI >$? Where a suit is for an account of an! propert! and for its dueadministration under the decree of the Court the Court shall efore passing the f inal decree pass apreliminar! decree ordering such accounts and inDuiries to e taFen and made and giving such otherdirections as it thinFs fit.

>9? (n the administration ! the Court of the propert! of an! deceased person if such propert! proves to einsufficient for the pa!ment in full of his dets and liailities the same rules shall e oserved as to therespective rights of secured and unsecured creditors and as to dets and liailities provale and as to thevaluation of annuities and future and contingent liailities respectivel! as ma! e in force for the time eingwithin the local limits of the Court in which the administration suit is pending with respect to the estates ofpersons adGudged or declared insolvent and all persons who in an! such case would e entitled to e paidout of such propert! ma! come in under the preliminar! decree and maFe such claims against the same asthe! ma! respectivel! e entitled to ! virtue of this Code.

$4 . 7ecree in pre#emption suitI >$? Where the Court decrees a claim to pre#emption in respect of aparticular sale of propert! and the purchase#mone! has not een paid into Court the decree shallI

>a? specif! a da! on or efore which the purchase#mone! shall e so paid and

>? direct that on pa!ment into Court of such purchase#mone! together with the costs >if an!? decreesagainst the plaintiff on or efore the da! referred to in clause >a? the defendant shall deliver possession ofthe propert! to the plaintiff whose title thereto shall e deemed to have accused from the date of such



pa!ment ut that if the purchase#mone! and the costs >if an!? are not so paid the suit shall e dismissedwith costs.

>9? Where the Court has adGudicated upon rival claims to pre#emption the decree shall directI

>a? if and in so far as the claims decreed are eDual in degree that the claim of each pre#emptor compl!ingwith the provisions of su#rule >$? shall taFe effect in respect of a proportionate share of the propert!including an! proportionate share in respect of which the claim of an! pre#emptor failing to compl! with the

said provisions would ut for such default have taFen effect; and>? if and in so far as the claims decreed are different in degree that the claim of the inferior pre#emptionshall not taFe effect unless and until the superior pre#emptor has failed to compl! with the said provisions.

$ . 7ecree in suit for dissolution of partnershipI Where a suit is for the dissolution of partnership or thetaFing of partnership accounts the Court efore passing a final decree ma! pass a preliminar! decreedeclaring the proportionate shares of the parties fixing the da! on which the partnership shall standdissolved or e deemed to have een dissolved and directing such accounts to e taFen and other acts toe done as it thinFs fit.

$2 . 7ecree in suit for account etween principal and agentI (n a suit for an account of pecuniar!transactions etween a principal and an agent and in an! other suit not herein efore provided for where itis necessar! in order to ascertain the amount of mone! due to or from an! part! that an account should etaFen the Court shall efore passing its final decree pass preliminar! decree directing such accounts to e

taFen as it thinFs fit.

$3 . Special directions as to accountsI 0he Court ma! either ! the decree directing an account to e taFenor ! an! suseDuent order give special directions with regard to the mode in which the account is to etaFen or vouched and in particular ma! direct that in taFing the account the ooFs of account in which theaccounts in Duestion have een Fept shall e taFen as prima facie evidence of the truth of the matters thereincontained with liert! to the parties interested to taFe such oGection thereto as the! ma! e advised.

$% . 7ecree in suit for partition of propert! or separate possession of a share thereinI Where the Courtpasses a decree for the partition of propert! or for the separate possession of a share therein thenI

>$? if and in so far as the decree relates to an estate assessed to the pa!ment of revenue to the 1overnmentthe decree shall declare the rights of the several parties interested in the propert! ut shall direct suchpartition or separation to e made ! the Collector or an! gaetted suordinate of the Collector deputed !

him in this ehalf in accordance with such declaration and with the provisions of section 4;

>9? if and in so far as such decree relates to an! other immovale propert! or to movale propert! the Courtma! if the partition or separation cannot e convenientl! made without further inDuir! pass a preliminar!decree declaring the right of the several parties interested in the propert! and giving such further directionsas ma! e reDuired.

$, . 7ecree when set#off or counter#claims is allowedI >$? Where the defendant has een allowed a set#off@9-- @or counter#claim against the claim of the plaintiff the decree shall state what amount is due to theplaintiff and what amount is due to the defendant and shall e for the recover! of an! sum which appears toe due to either part!.

>9? Appeal from decree relating to set#off or counter#claimIAn! decree passed in a suit in which a set#off@9-4@or counter#claim is claimed shall e suGect to the same provisions in respect of appeal to which it

would have een suGect if not set#off @9- @or counter#claim had een claimed.>-? 0he provisions of this rule shall appl! whether the set#off is admissile under rule 2 of 6rder 8((( orotherwise.

9< . Certified copies of Gudgment and decree to e furnishedI Certified copies of the Gudgment and decreeshall e furnished to the parties on application to the Court and at their expense.

@9-26R7ER 55A

C6S0S

$ . &rovisions relating to certain itemsI Without preGudice to the generalit! of the provisions of this Coderelating to costs the Court ma! award costs in respect ofI



>a? expenditure incurred for the giving of an! notice reDuired to e given ! law efore the institution of thesuit;

>? expenditure incurred on an! notice which though not reDuired to e given ! law has een given ! an!part! to the suit to an! other part! efore the institution of the suit;

>c? expenditure incurred on the t!ping writing or printing of pleadings filed ! an! part!;

>d? charges paid ! a part! for inspection of the records of the Court for the purposes of the suit;

>e? expenditure incurred ! a part! for producing witnesses even though not summoned through Court and

>f? in the case of appeals charges incurred ! a part! for otaining an! copies of Gudgments and decreeswhich are reDuired to e filed along with the memorandum of appeal.

9 . Costs to e awarded in accordance with the rules made ! High CourtI 0he award of costs under thisrule shall e in accordance with such rules as the High Court ma! maFe in that ehalf.

ORDER ))I&E)EC'TION O+ DECREES AND ORDERS

&a!ment under decree

@9-3@$ . )odes of pa!ing mone! under decreeI >$? All mone! pa!ale under a decree shall e paid asfollows namel! "I

>a? ! deposit into the Court whose dut! it is to execute the decree or sent to that Court ! postal mone!order or through a anF; or

>? out of Court to the decree#holder ! postal mone! order or through a anF or ! an! other mode whereinpa!ment is evidenced in writing; or

>c? otherwise as the Court which made the decree directs.

>9? Where an! pa!ment is made under clause >a? or clause >c? of su rule >$? the Gudgment#detor shall givenotice thereof to the decree#holder either through the Court or directl! to him ! registered postacFnowledgement due.

>-? Where mone! is paid ! postal mone! order or through a anF under clause >a? or clause >? of su#rule>$? the mone! order or pa!ment through anF as the case ma! e shall accuratel! state the following

particulars namel! " I

>a? the numer of the original suit;

>? the names of the parties or where there are more than two plaintiffs or more than two defendants as thecase ma! e the names of the first two plaintiffs and the first two defendants;

>c? how the mone! remitted is to e adGusted that is to sa! whether it is towards the principal interest orcosts;

>d? the numer of the execution case of the Court where such case is pending; and

>e? the name and address of the pa!er.

>4? 6n an! amount paid under clause >a? or clause >c? of su#rule >$? interest if an! shall cease to run fromthe date of service of the notice referred to in su#rule >9?.

>? 6n an! amount paid under clause >? of su#rule >$? interest if an! shall cease to run from the date ofsuch pa!ment "

&rovided that where the decree#holder refuses to accept the postal order or pa!ment through a anFinterest shall cease to run from the date on which the mone! was tendered to him or where he avoidsacceptance of the postal mone! order or pa!ment through anF interest shall cease to run from the date onwhich mone! would have een tendered to him in the ordinar! course of usiness of the postal authorities orthe anF as the case ma! e.

9 . &a!ment out of Court to decree#holderI >$? Where an! mone! pa!ale under a decree of an! Find ispaid out of Court. @9-%@or decree of an! Find is otherwise adGusted in whole or in part to the satisfaction of



the decree#holder the decree# holder shall certif! such pa!ment or adGustment to the Court whose dut! it isto execute the decree and the Court shall record the same accordingl!.

>9? 0he Gudgment#detor @9-,@or an! person who has ecome suret! for the Gudgment#detor also ma!inform the Court of such pa!ment or adGustment and appl! to the Court to issue a notice to the decree#holder to show cause on a da! to e fixed ! the Court wh! such pa!ment or adGustment should not e recordedas certified; and if after service of such notice the decree#holder fails to show cause wh! the pa!ment oradGustment should not e recorded as certified the Court record the same accordingl!.

@94< @>9A? *o pa!ment or adGustment shall e recorded at the instance of the Gudgment# detor unlessI

>a? the pa!ment is made in the manner provided in rule $; or

>? the pa!ment or adGustment is proved ! documentar! evidence; or

>c? the pa!ment or adGustment is admitted ! or on ehalf of the decree#holder in his repl! to the noticegiven under su#rule >9? of rule $ on efore the Court.

@94$ >-? A pa!ment or adGustment which has not een certified or recorded as aforesaid shall not erecognied ! an! Court executing the decree.

Courts executing decrees

- . 'ands situate in more than one GurisdictionI Where immovale propert! forms one estate or tenure

situate within the local limits of Gurisdiction of two or more Court an! one of such Courts ma! attach and sellthe entire estate or tenure.

4 . 0ransfer to Court of Small CausesI Where a decree has een passed in a suit of which the value as setforth in the plaint did not exceed two thousand rupees and which as regards its suGect#matter is notexcepted ! the law for the time eing in force from the cogniance of either a &residenc! or a &rovincialCourt of Small Causes and the Court which passed it wishes it to e executed in Calcutta )adras or=oma! such Court ma! send to the Court of Small Causes in Calcutta )adras or =oma! as the casema! e the copies and certificates mentioned in rule 2; and such Court of Small Causes shall thereuponexecute the decree as if it had een passed ! itself.

@949@ . )ode of transferI Where a decree is to e sent for execution to another Court the Court whichpassed such decree shall send the decree directl! to such other Court whether or not such Court is situatedin the same State ut the Court to which the decree is sent for execution shall if it has no Gurisdiction to

execute the decree send it to the Court having such Gurisdiction.

2 . &rocedure where Court desires that its own decree shall e executed ! another CourtI 0he Courtsending a decree for execution shall sendI

>a? a cop! of the decree;

>? a certificate setting forth that satisfaction of the decree has not een otained ! execution within the Gurisdiction of the Court ! which it was passed or where the decree has een executed in part the extent towhich satisfaction has een otained and what part of the decree remains unsatisfied; and

>c? a cop! of an! order for the execution of the decree or if no such order has een made a certificate tothat effect.

3 . Court receiving copies of decree etc. to file same without proofI 0he Court to which a decree is so sent

shall cause such copes and certificates to e filed without an! further proof of the decree or order forexecution or of the copies thereof unless the Court for an! special reasons to e recorded under the handof the Judge reDuires such proof.

% . Execution of decree or order ! Court to which it is sentI Where such copies are so filed the decree ororder ma! if the Court to which it is sent is the 7istrict Court e executed ! such or e transferred forexecution to an! suordinate Court of competent Gurisdiction.

, . Execution of High Court of decree transferred ! other CourtI Where the Court to which the decree issent for execution is a High Court the decree shall e executed ! such Court in the same manner as if ithad een passed ! such Court in exercise of its ordinar! original civil Gurisdiction.



Application for execution

$< . Application for executionI Where the holder of a decree desires to execute it he shall appl! to theCourt which passed the decree or to the officer >if an!? appointed in this ehalf or if the decree has eensent under the provisions hereinefore contained to another Court then to such Court or to the proper officerthereof.

$$ . 6ral applicationI >$? Where a decree is for the pa!ment of mone! the Court ma! on the oral application

of the decree#holder at the time of passing of the decree order immediate execution thereof ! the arrest ofthe Gudgment#detor prior to the preparation of a warrant if he is within the precincts of the Court.

>9? Written applicationISave as otherwise provided ! su#rule>$? ever! application for the execution of adecree shall e in writing signed and verified ! the applicant or ! some other person proved to thesatisfaction of the Court to e acDuainted with the facts of the case and shall contain in a taular form thefollowing particulars namel!I

>a? the numer of the suit;

>? the names of the parties;

>c? the date of the decree;

>d? whether an! appeal has een preferred from the decree;

>e? whether an! and >if an!? what pa!ment or other adGustment of the matter in controvers! has een madeetween the parties suseDuentl! to the decree;

>f? whether an! and >if an!? what previous applications have een made for the execution of the decree thedates of such applications and their results;

>g? the amount with interest >if an!? due upon the decree or other relief granted there! together withparticulars of an! cross#decree whether passed efore or after the date of the decree sought to e executed;

>h? the amount of the costs >if an!? awarded;

>i? the name of the person against whom execution of the decree is sought; and

>G? the mode in which the assistance of the Court is reDuired whetherI

>i? ! the deliver! of an! propert! specificall! decreed;

@94- @>ii? ! the attachment or ! the attachment and sale or ! the sale without attachment of an!propert!;

>iii? ! the arrest and detention in prison of an! person;

>iv? ! the appointment of a receiver;

>v? otherwise as the nature of the relief granted ma! reDuire.

>-? 0he Court to which an application is made under su#rule >9? ma! reDuire the applicant to produce acertified cop! of the decree.

@944@$$A . Application for arrest to state groundsI Where an application is made for the arrest anddetention in prison of the Gudgment#detor it shall state or e accompanied ! an affidavit stating thegrounds on which arrest is applied for.

$9 . Application for attachment of movale propert! not in Gudgment#detorKs possessionI Where anapplication is made for the attachment of an! movale propert! elonging to a Gudgment#detor in hispossession the decree#holder shall annex to the application an inventor! of the propert! to e attachedcontaining a reasonal! accurate description of the same.

$- . Application for attachment of immovale propert! to contain certain particularsI Where an application ismade for the attachment of an! immovale propert! elonging to a Gudgment#detor it shall contain at thefootI



>a? a description such propert! sufficient to identif! the same and in case such propert! can e identified !oundaries or numers in a record of settlement or surve! a specification of such oundaries or numers;and

>? a specification of the Gudgment#detorKs share or interest in such propert! to the est of the elief of theapplicant and so far as he has een ale to ascertain the same.

$4 . &ower to reDuire certified extract from CollectorKs register in certain casesI Where an application is

made for the attachment of an! land which is registered in the office of the Collector the Court ma! reDuirethe applicant to produce a certified extract from the register of such office specif!ing the persons registeredas proprietors of or as possessing an! transferale interest in the land or its revenue or as liale to pa!revenue for the land and the shares of the registered proprietors.

$ . Application for execution ! Goint decree#holdersI >$? Where a decree has een passed Gointl! in favourof more persons than one an! one or more such persons ma! unless the decree imposes an! condition tothe contrar! appl! for the execution of the whole decree for the enefit of them all or where of them hasdied for the enefit of the survivors and the legal representatives of the deceased.

>9? Where the Court sees sufficient cause for allowing the decree to e executed on an application madeunder this rule it shall maFe such order as it deems necessar! for protecting the interest of the persons whohave not Goined in the application.

$2 . Application for execution ! transferee of decreeI Where a decree or if a decree has een passed

Gointl! in favour of two or more persons the interest of an! decree#holder in the decree in transferred !assignment in writing or ! operation of law the transferee ma! appl! for execution of the decree to theCourt which passed if and the decree ma! e executed in the same manner and suGect to the sameconditions as if the application were made ! such decree#holder "

&rovided also that where the decree or such interest as aforesaid has een transferred ! assignmentnotice of such application shall e given to the transferor and the Gudgment#detor and the decree shall note executed until the Court has heard their oGections >if an!? to its execution "

&rovided also that where a decree for the pa!ment of mone! against two or more persons has eentransferred to one of them it shall not e executed against the others.

@94 @Explanation.I*othing in this rule shall affect the provisions of section $42 and a transferee of rightsin the propert! which is the suGect matter of the suit ma! appl! for execution of the decree without a

separate assignment of the decree as reDuired ! this rule.

$3 . &rocedure on receiving application for execution of decreeI >$? 6n receiving an application for theexecution of a decree as provided ! rule $$ su#rule >9? the Court shall ascertain whether such of thereDuirementKs of rules $$ to $4 as ma! e applicale to the case have een complied with; and if the! havenot een complied with @942@the Court shall allow the defect to e remedied then and there or within a timeto e fixed ! it.

@943 @>$A? (f the defect is not so remedied the Court shall reGect the application"

&rovided that where in the Court there is some inaccurac! as to the amount referred to in clauses >g? and>h? of su#rule >9? of rule $$ the Court instead of reGecting the application decide provisonall! >withoutpreGudice to the right of the parties to have the amount finall! decided in the course of the proceedings? theamount and maFe an order for the execution of the decree for the amount so provisionall! decided.

>9? Where an application is amended under the provisions of su#rule >$? it shall e deemed to have een anapplication in accordance with law and presented on the date when it was first presented.

>-? Ever! amendment made under this rule shall e signed or initialled ! the Judge.

>4? When the application is admitted the Court shall enter in the proper register a note of the application andthe date on which it was made and shall suGect to the provisions hereinafter contained order execution ofthe decree according to the nature of the application"

&rovided that in the case of a decree for the pa!ment of mone! the value of the propert! attached shall asnearl! as ma! e correspond with the amount due under the decree.



$% . Execution in case of cross#decreesI >$? Where applications are made to a Court for the execution ofcross#decrees in separate suits for the pa!ment of two sums of mone! passed etween the same parties andcapale of execution at the same time ! such Court thenI

>a? if the two sums are eDual satisfaction shall e entered upon oth decrees; and

>? if the two sums are uneDual execution ma! e taFen out onl! ! the holder of the decree for the largersum and for so much onl! as remains after deducting the smaller sum and satisfaction for the smaller sum

shall e entered on the decree for the larger sum as well as satisfaction on the decree for the smaller sum.>9? 0his rule shall e deemed to appl! where either part! is an assignee of one of the decrees and as well inrespect of Gudgment#dets due ! the original assignor as in respect of Gudgment#dets due ! the assigneehimself.

>-? 0his rule shall not e deemed to appl! unlessI

>a? the decree holder in one of the suits which the decrees have een made is the Gudgment#detor in theother and each part! files the same character in oth suits; and

>? the sums due under the decrees are definite.

>4? 0he holder of a decree passed against several persons Gointl! and severall! m! treat is as a cross#decreein relation to a decree against him singl! in favour of one or more of such persons.

(llustrations

>a? A holds a decree against = for Rs. $<<<. = holds a decree against A for the pa!ment of Rs. $<<< in case A fails to deliver certain goods at a future da!. = cannot treat his decree as a cross#decree under this rule.

>? A and = co#plaintiffs otain a decree for Rs. $<<< against C and C otain a decree for Rs. $<<< $<<<against =. C cannot treat his decree as a cross#decree under this rule.

>c? A otains a decree against = for Rs. $<<< C who is a trustee for = otains a decree on ehalf of =against A for Rs. $<<< = cannot treat CKs decree as a cross#decree under this rule.

>d? A = C 7 and E are Gointl! and severel! liale for Rs. $<<< under a decree otained ! :. A otains adecree for Rs. $<<< against : singl! and applies for execution to the Court in which the Goint#decree is eingexecuted. : ma! treat his Goint#decree as cross#decree under this rule.

$, . Execution in case of cross#claims under same decreeI Where application is made to a Court for theexecution of a decree under which two parties are entitled to recover sums of mone! from each other thenI

>a? if the two sums are eDual satisfaction for oth shall e entered upon the decree; and

>? if the two sums are uneDual execution ma! e taFen out onl! ! the part! entitled to the larger sum andfor so much onl! as remains after deducting the smaller sum and satisfaction for the smaller sum shall eentered upon the decree.

9< . Cross#decrees and cross#claims in mortgage#suitsI 0he provisions contained in rules $% and $, shallappl! to decrees for sale in enforcement of a mortgage or charge.

9$ . Simultaneous executionI 0he Court ma! in its discretion refuse execution at the same time againstthe person and propert! of the Gudgment#detor.

99 . *otice to show cause against execution in certain casesI >$? Where an application for execution ismadeI

>a? more than @94%@two !ears after the date of the decree or

>? against the legal representative of a part! to the decree or where an application is made for execution ofa decree filed under the provisions of section 44A@94,@or

@9< @>c? against the assignee or receiver in insolvenc! where the part! to the decree has een adGudged toe an insolvent

the Court executing the decree shall issue a notice to the person against whom execution is applied forreDuiring him to show cause on a date to e fixed wh! the decree should not e executed against him "



&rovided that no such notice shall e necessar! in conseDuence of more than @9$@two !ears havingelapsed etween the date of the decree and the application for execution if the application is made within@99@two !ears from the date of the last order against the part! against whom execution is applied for madeon an! previous application for execution or in conseDuence of the application eing made against the legalrepresentative of the Gudgment#detor if upon a previous application for execution against the same personthe Court has ordered execution to issue against him.

>9? *othing in the foregoing su#rule shall e deemed to preclude the Court from issuing an! process in

execution of a decree without issuing the notice there! prescried if for reasons to e recorded itconsiders that the issue of such notice would cause unreasonale dela! or would defeat the ends of Gustice.

@9-@99A . Sale not to e set aside on the death of the Gudgment#detor efore the sale ut after the serviceof the proclamation of sale.I Where an! propert! is sold in execution of a decree the sale shall not e setaside merel! ! reason of the death of the Gudgment#detor etween the date of issue of the proclamation ofsale and the date of the sale notwithstanding the failure of the decree#holder to sustitute the legalrepresentative of such deceased Gudgment#detor ut in case of such failure the Court ma! set aside thesale if it is satisfied that the legal representative of the deceased Gudgment#detor has een preGudiced ! thesale.

9- . &rocedure after issue of noticeI >$? Where the person to whom notice is issued under @94@rule 99does not appear or does not show cause to the satisfaction of the Court wh! the decree should not eexecuted the Court shall order the decree to e executed.

>9? Where such person offers an! oGection to the execution of the decree the Court shall consider suchoGection and maFe such order as it thinFs fit.

&rocess for execution

94 . &rocess for executionI >$? When the preliminar! measures >if an!? reDuired ! the foregoing rules haveeen taFen the Court shall unless it sees cause to the contrar! issue its process for the execution of thedecree.

>9? Ever! such process shall ear date the da! on which it is issued and shall e signed ! the Judge orsuch officer as the Court ma! appoint in this ehalf and shall e sealed with the seal of the Court anddelivered to the proper officer to e executed.

@9 @>-? (n ever! such process a da! shall e specified on or efore which it shall e executed and a da!

shall also e specified on or efore which it shall e returned to the Court ut no process shall e deemed toe void if no da! for its return is specified therein.

9 . Endorsement on processI >$? 0he officer entrusted with the execution of the process shall endorsethereon the da! on and the manner in which it was executed and if the latest da! specified in the processfor the return thereof has een exceeded the reason of the dela! or if it is executed the reason wh! it wasnot executed and shall return the process with such endorsement to the Court.

>9? Where the endorsement is to the effect that such officer is unale to execute the process the Court shallexamine him touching his alleged inailit! and ma! if it thinFs fit summon and examine witnesses as tosuch inailit! and shall record the result.

Sta! of execution

92 . When Court ma! sta! executionI >$? the Court to which a decree has een sent for execution shall

upon sufficient cause eing shown sta! the execution of such decree for a reasonale time to enale the Gudgment#detor to appl! to the Court ! which the decree was passed or to an! Court having appellate Gurisdiction in respect of the decree or the execution thereof for an order to sta! execution or for an! otherorder relating to the decree or execution which might have een made ! such Court of first instance or

Appellate Court if execution had een issued there! or if application for execution had een made thereto.

>9? Where the propert! or person of the Gudgment#detor has een seied under an execution the Courtwhich issued the execution ma! order the restitution of such propert! or the discharge of such personpending the result of the application.



>-? &ower to reDuire securit! from or impose conditions upon Gudgment#detorI=efore maFing an order tosta! execution or for the restitution of propert! or the discharge of the Gudgment#detor @92@the Court shallreDuire such securit! from or impose such conditions upon the Gudgment#detor as it thinFs fit.

93 . 'iailit! of Gudgment#detor dischargedI *o order of restitution or discharge under rule 92 shall preventthe propert! or person of a Gudgment#detor from eing retaFen in execution of the decree sent for execution.

9% . 6rder of Court which passed decree or of Appellate Court to e inding upon Court applied toI An!

order of the Court ! which the decree was passed or of such Court of appeal as aforesaid in relation to theexecution of such decree shall e inding upon the Court to which the decree was sent for execution.

9, . Sta! of execution pending suit etween decree#holder and Gudgment#detorI Where a suit is pending inan! Court against the holder of a decree of such Court @93 @or of a decree which is eing executed ! suchCourt on the part of the person against whom the decree was passed the Court ma! on such terms as tosecurit! or otherwise as it thinFs fit sta! execution of the decree until the pending suit has een decided "

@9% @&rovided that if the decree is one for pa!ment of mone! the Court shall if it grants sta! withoutreDuiring securit! record its reasons for so doing.

)ode of execution

-< . 7ecree for pa!ment of mone!I Ever! decree for the pa!ment of mone! including a decree for thepa!ment of mone! as the alternative to some other relief ma! e executed ! the detention in the civil prison

of the Gudgment#detor or ! the attachment and sale of his propert! or ! oth.

-$ . 7ecree for specific movale propert!I >$? Where the decree is for an! specific movale or for an!share in a specific movale it ma! e executed ! the seiure if practicale of the movale or share and! the deliver! thereof to the part! to whom it has een adGudged or to such person as he appoints toreceive deliver! on his ehalf or ! the detention in the civil prison of the Gudgment#detor or ! theattachment of his propert! or ! oth.

>9? Where an! attachment under su#rule >$? has remained in force for @9,@three months if the Gudgment#detor has not oe!ed the decree and the decree#holder has applied to have the attached propert! soldsuch propert! ma! e sold and out of the proceeds the Court ma! award to the decree#holder in caseswhere an! amount has een fixed ! the decree to e paid as an alternative to deliver! of movale propert!such amount and in other cases such compensation as it thinFs fit and shall pa! the alance >if an!? to the

Gudgment#detor on his application.

>-? Where the Gudgment#detor has oe!ed the decree and paid all costs of executing the same which he isound to pa! or where at the end of @92<@three months from the date of attachment no application to havethe propert! sold has een made or if made has een refused the attachment shall cease.

-9 . 7ecree for specific performance for restitution of conGugal rights or for an inGunctionI >$? Where thepart! against whom a decree for the specific performance of a contract or for restitution of conGugal rights or for an inGunction has een passed has had an opportunit! of oe!ing the decree and has wilfull! failed tooe! it the decree ma! e enforced in the case of a decree for restitution of conGugal rights ! theattachment of his propert! or in the case of a decree for the specific performance of a contract or for aninGunction ! his detention in the civil prison or ! the attachment of his propert! or ! oth.

>9? Where the part! against whom a decree for specific performance or for an inGunctions een passed is acorporation the decree ma! e enforced ! the attachment of the propert! of the corporation or with the

leave of the Court ! the detention in the civil prison of the directors or other principal officers thereof or !oth attachment and detention.

>-? Where an! attachment under su#rule >$? or su#rule >9? has remained in force for @92$@six months if the Gudgment#detor has not oe!ed the decree and the decree#holder has applied to have the attached propert!sold such propert! ma! e sold; and out of the proceeds the Court ma! award to the decree#holder suchcompensation s it thinFs fit and shall pa! the alance >if an!? to the Gudgment#detor on his application.

>4? Where the Gudgment#detor has oe!ed the decree and paid all costs of executing the same which he isound to pa! or here at the end of @929@six months from the date of the attachment no application to havethe propert! sold has een made or if made has een refused the attachment shall cease.



>? Where a decree for the specific performance of a contract or for an inGunction has not een oe!ed theCourt ma! in lieu of or in addition to all or an! of the processes aforesaid direct that the act reDuired to edone ma! e done so far as practicale ! the decree#holder or some other person appointed ! the Courtat the cost of the Gudgment#detor and upon the act eing done the expenses incurred ma! e ascertainedin such manner as the Court ma! direct and ma! e recovered as if the! were included in the decree.

(llustration

A a person of little sustance effects a uilding which renders uninhitale a famil! mansion elonging to =. A in spite of his detention in prison and the attachment of his propert! declines to oe! a decree otainedagainst him ! = and directing him to revoe the uilding. 0he Court is of opinion that no sum realiale ! thesale of AKs propert! wold adeDuatel! compensate = for the depreciation in the value of his mansion. = ma!appl! to the Court to remove the uilding and ma! revocer the cost of such removal from a in the execution#proceedings.

-- . 7iscretion of Court in executing decrees for restitution of conGugl rightsI >$? *otwithstanding an!thing inrule -9 the Court either at the time of passing a decree agaisnt a husand for the restitution of conGugalrights or at an! time afterwards ma! order that the decree shall e executed in the manner provided in thisrule.

>9? Where the Court has made an order under su#rule >$? it ma! order that in the event of the decree noteing oe!ed within such period as ma! e fixed in this ehalf the Gudgment#detor shall maFe to the

decree#holder such periodical pa!ments as ma! e Gust and if it thinFs fit reDuire that the Gudgment#detorshall to its satisfaction secure to the decree#holder such periodical pa!ments.

>-? 0he Court ma! from time to time var! or modif! an! order made under su#rule >9? for the periodicalpa!ment of mone! either ! altering the times of pa!ment or ! increasing or diminishing the amount orma! temporila! suspend the same as to the whole or an! part of the mone! so ordered to e paid and againreview the same either wholl! or in part as it ma! thinF Gust.

>4? An! mone! ordered to e paid under this rule ma! e recovered as though it were pa!le under a decreefor the pa!ment of mone!.

-4 . 7ecree for executin of document or endoresment of negotiale instrumentI >$? Where a decree is forthe execution of a document or for the endorsement for a negotiale instrument and the Gudgment#detorneglects or refuses to oe! the decree the decree#holder ma! prepare a draft of the document orendoresement in accordance with the terms of the decree and delvier the same to the Court.

>9? 0he Court shall thereupon cause the draft to eserved on the Gudgment#detor together with a noticereDuiring his oGections >if an!? to e made within such time as the Cout fixes in this ehalf.

>-? Where the Gudgment#detor oGect tot he draft his oGections shall e stated in writing within such timeand the court shall maFe such order approving or altering the draft as it thinFs fit.

>4? 0he decree#holder shall deliver to the Court a cop! of the draft with such alterations >if an!? as the Courtma! have directed upon the proper stamp#paper if a stamp is reDuired ! the law for the time eing in force;and the Judge or such officer as ma! e appointed in this ehalf shall execute the document so delivered.

>? 0he execution of a document or the endorsement of a negotiale instrument under this rule ma! e in thefollowing form namel! "I

C.7. Judge of the Court of

>or as the case ma! e? for A.=. in suit ! E.:. against A.=.

and shall have the same effect as the execution of the document or the endorsement of the negotialeinstrument ! the part! ordered to execute or endorese the same.

@92- @>2? >a? Where the registration of the document is reDuired under an! law for the time eing in force theCourt or such officer of the court as ma! e authorised in this ehalf ! the Court shall cause the documentto e registered in accordance with such law.

>? Where the registration of the doucment is not so reDuired ut the decree#holder desires it to eregistered the Court ma! maFe such order as it thinFs fit.



>c? Where the Court maFes an! order for the registration of an! document it ma! maFe such order as itthinFgs fit as to the expenses of registration.

- . 7ecree for immovale propert!I >$? Where a decree is for the deliver! of an! immovale propert!possession thereof shall e delviered to the part! to whom it has een adGudged or to such person as hema! appoint to receive deliver! on his ehalf and if necessar! ! removing an! person ound ! thedecree who refuses to vacate the propert!.

>9? Where a decree is for the Goint possession of immovale propert! such possession shall e delivered !afixing a cop! of the warrant in some conspicuous place on the propert! and proclamining the eat of drumor other customar! mode at some convenient place the sustance of the decree.

>-? Where possession of an! uilding on enclosure is to e delivered and the person in possession eingound ! the decree does not afford free access the Court through its officers ma! after giving reasonalewarning and facilit! to an! woman not appearing in pulic according to the customs of the countr! towithdraw remove or open an! locF or olt or reaF open an! door or do an! other act necessar! for puttingthe decree#holder in possession.

-2 . 7ecree for deliver! of immovale propert! when in occupanc! of tenantI Where a decree is for thedeliver! of an! immovale propert! in the occupanc! of a tenant or other person entitled to occup! the sameand not ound ! the decree to relinguish such occupanc! the Court shall order deliver! to e made !affixing a cop! of the warrant in some conspicuous place on the propert! and proclaiming to the occupant !

eat of drum or other customar! mode at some convenient place the sustance of the decree in regard tothe propert!.

Arrest and detention in the civil prison

-3 . 7iscretionar! power to permit Gudgment detor to show cause against detention in prisonI >$?*otwithstanding an!thing in these rules where an application is for the execution of a decree for thepa!ment of mone! ! the arrest and detention in the civil prison of a Gudgment#detor who is liale to earrested in pursuance of the application the Court shall instead of issuing a warrant for his arrest issue anotice calling upon him to appear efore the Court on a da! to e specified in the notice and show cause wh!he should not e committed to the civil prison"

&rovided that such notice shall not e necessar! if the Court is satisfied ! affidavit or otherwise that withthe oGect or effect of dela!ing the execution of the decreethe Gudgment# detor is liFel! to ascond or leavethe local limits of the Gurisdiction of the Court.

-% . Warrant for arrest to direct Gudgment#detor to e rought upI Ever! warrant for the arrest of a Gudgment#detor shall direct the officer entrusted with its execution to ring him efore the Court with allconvenient speed unless the amount which he has een ordered to pa! together with the interest thereonand the costs >if an!? to which he is liale e sooner paid.

-, . Susistence allowanceI >$? *o Gudgment#detor shall e arrested in execution of a decree unless anduntil the decree#holder into Court such sum as the Judge thinFs sufficient for the susistence of the

Gudgment# detor from the time of his arrest until he can e rought efore the Court.

>9? Where a Gudgment#detor is committed to the civil prison in execution of a decree the Court shall fix forhis susistence such monthl! allowance as he ma! e entitled to according to the seales fixed under section3 or where no such scales have een fixed as it considers sufficient with reference to the class to whichhe elongs.

>-? 0he monthl! allowance fixed ! the Court shall e supplied ! the part! on whose application the Gudgment#detor has een arrested ! monthl! pa!ments in advance efore the first da! of each month.

>4? 0he first pa!ment shall e made to the proper officer of the Court for such portion of the current month asremains unexpired efore the Gudgment#detor is committed to the civil prison and the suseDuent pa!ments>if an!? shall e made to the officer in charge of the civil prison.

>? Sums disursed ! the decree#holder for the susistence of the Gudgment#detor in the civil prison shalle deemed to e costs in the suit "

&rovided that the Gudgment#detor shall not e detained in the civil prison or arrested on account of an! sumso disursed.



4< . &roceedings on appearance of Gudement#detor in oedience to notice or after arrestI >$? When a Gudgment#detor appears efore the Court in oedience to a notice issued under rule -3 or is rought eforethe Court after eing arrested in execution of a decree for the pa!ment of mone! the Court shall proceed tohear the decree#holder and taFe all such evidence as ma! e produced ! him in support of his applicationfor execution and shall then give the Gudgment#detor an opportunit! of showing cause wh! he should not ecommitted to the civil prison.

>9? &ending the conclusion of the inDuir! under su#rule >$? the Court ma! in its discretion order the

Gudgment#detor to e detained in the custod! of an officer of the Court or release him on his furnishingsecurit! to the satisfaction of the Court for his appearance when reDuired.

>-? /pon the conclusion of the inDuir! under su#rule >$? the Court ma! suGect to the provisions of section$ and to the other provisions of the Code maFe an order for the detention of the Gudgment#detor in the civilprison and shall in that event cause him to e arrested if he is not alread! under arrest"

&rovided that in order to give the Gudgment#detor an opportunit! of satisf!ing the decree the Court ma!efore maFing the order of detention leave the Gudgment#detor in the custod! of an officer of the Court for aspecified period not exceeding fifteen da!s or release him on his furnishing securit! to the satisfaction of theCourt for his appearance at the expiration of the specified period if the decree e not sooner satisfied.

>4? A Gudgment#detor released under this rule ma! e re#arrested.

>? When the Court does not maFe an order of detention under su#rule >-? it shall disallow the application

and if the Gudgment#detor is under arrest direct his release.

Attachment of propert!

4$ . Examination of Gudgment#detor as to his propert!I @924@>$? Where a decree is for the pa!ment ofmone! the decree#holder ma! appl! to the Court for an order thatI

>a? 0he Gudgment#detor or

>? @92@where the Gudgment#detor is a corporation an! officer thereof or

>c? an! other person

e orall! examined as to whether an! or what dets are owing to the Gudgment#detor and whether the Gudgment#detor has an! and what other propert! or means of satisf!ing the decree; and the Court ma!

maFe an order for the attendance and examination of such Gudgment#detor or officer or other person andfor the production of an! ooFs or documents.

@922 @>9? Where a decree for the pa!ment of mone! has remained unsatisfied for a period of thirt! da!s theCourt ma! on the application of the decree#holder and without preGudice to its power under su#rule >$? !order reDuire the Gudgment#detor or where the Gudgment#detor is a corporation an! officer thereof to maFean affidavit stating the particulars of the assets of the Gudgment#detor.

>-? (n case of disoedience of an! order made under su#rule >9? the Court maFing the order or an! Court towhich the proceeding is transferred ma! direct that the person disoe!ing the order e detained in the civilprison for a term not exceeding three months unless efore the expir! of such term the Court directs hisrelease.

49 . Attachment in case of decree for rent or mesne profits or other matter amount of which to esuseDuentl! determinedI Where a decree directs an inDuir! as to rent or mesne profits or an! other matterthe propert! of the Gudgment#detor ma! efore the amount due from him has een ascertained eattached as in the case of an ordinar! decree for the pa!ment of mone!.

4- . Attachment of movale propert! other than agricultural produce in possession of Gudgment#detorIWhere the propert! to e attached is movale propert! other than agricultural produce in the possession ofthe Gudgment#detor the attachment shall e made ! actual seiure and the attaching officer shall Feep thepropert! in his own custod! or in the custod! of one of his suordinates and shall e responsile for the duecustod! thereof"

&rovided that when the propert! seied is suGect to speed! and natural deca! or when the expense ofFeeping it in custod! is liFel! to exceed its value the attaching officer ma! sell it at once.





>? a share in the capital of a corporation

>c? other movale propert! not in the possession of the Gudgment# detor except propert! deposited in or inthe custod! of an! Court

the attachment shall e made ! a written order prohiitingI

>i? in the case of the det the credit or from recovering the det and the detor from maFing pa!ment thereofuntil the further order of the Court;

>ii? in the case of the share the person in whose name the share ma! e standing from transferring the sameor receiving an! dividend thereon;

>iii? in the case of the other movale propert! except as aforesaid the person in possession of the same fromgiving it over to the Gudgment#detor.

>9? A cop! of such order shall e affixed on some conspicuous part of the court#house and another cop!shall e sent in the case of the det to the detor in the case of the share to the proper officer of thecorporation and in the case of the other movale propert! >except as aforesaid? to the person in possessionof the same.

>-? A detor prohiited under clause >i? of su#rule >$? ma! pa! the amount of his det into Court and suchpa!ment shall discharge him as effectuall! as pa!ment to the part! entitled to receive the same.

@92%@42A . *otice to garnisheeI >$? 0he Court ma! in the case of a det >other than a det secured ! amortgage or a charge? which has een attached under rule 42 upon the application of the attaching creditorissue notice to the garnishee liale to pa! such det calling upon him either to pa! into Court the det duefrom him to the Gudgment#detor or so much thereof as ma! e sufficient to satisf! the decree and costs ofexecution or to appear and show cause wh! he should not do so.

>9? An application under su#rule >l? shall e made on affidavit verif!ing the facts alleged and stating that inthe elief of the deponent the garnishee is indeted to the Gudgment#detor.

>-? Where the garnishee pa!s in the Court the amount due from him to the Gudgment#detor or so muchthereof as is sufficient to satisf! the decree and the costs of the execution the Court ma! direct that theamount ma! e paid to the decree#holder towards satisfaction of the decree and costs of the execution.

42= . 6rder against garnisheeI Where the garnishee does not forthwith pa! into Court the amount due from

him to the Gudgment#detor or so much thereof as is sufficient to satisf! the decree and the costs ofexecution and does not appear and show cause in answer to the notice the Court ma! order the garnisheeto compl! with the terms of such notice and on such order execution ma! issue as though such order werea decree against him.

42C . 0rial of disputed DuestionsI Where the garnishee disputes liailit! the Court ma! order that an! issueor Duestion necessar! for the determination of liailit! shall e tried as if it were an issue in a suit and uponthe determination of such issue shall maFe such order or orders as it deems fit"

&rovided that if the det in respect of which the application under rule 42A is made is in respect of a sum ofmone! e!ond the pecuniar! Gurisdiction of the Court the Court shall send the execution case to the Court of the 7istrict Judge to which the said Court is suordinate and thereupon the Court of the 7istrict Judge or an!other competent Court to which it ma! e transferred ! the 7istrict Judge shall deal with it in the samemanner as if the case had een originall! instituted in that Court.

427 . &rocedure where det elongs to third personI Where it is suggested or appears to e proale thatthe det elongs to some third person or that an! third person has a lien or charge on or other interest insuch det the Court ma! order such third person to appear and state the nature and particulars of his claimif an! to such det and prove the same.

42E . 6rder as regards third personI After hearing such third person and an! person or persons who an!suseDuentl! e ordered to appear or where such third or other person or persons do not appear when soordered the Court ma! maFe such order as is hereinefore provided or such other order or orders uponsuch terms if an! with respect to the lien charge or interest as the case ma! e of such third or otherperson or persons as it ma! deem fit and proper.



42: . &a!ment ! garnishee to e valid dischargeI &a!ment made ! the garnishee on notice under rule42A or under an! such order as aforesaid shall e a valid discharge to him as against the Gudgment#detorand an! other person ordered to appear as aforesaid for the amount paid or levied although the decree inexecution of which the application under rule 42A was made or the order passed in the proceedings on suchapplication ma! e set aside or reversed.

421 . CostsI 0he costs of an! application made under rule 42A and of an! proceeding arising therefrom orincidental thereto shall e in the discretion of the Court.

42H . AppealsI An order made under rule 42= rule 42C or rule 42E shall e appealale as a decree.

42( . Application to negotiale instrumentsI 0he provisions of rule 42A to 42H >oth inclusive? shall so faras ma! e appl! in relation to negotiale instruments attached under rule $ as the! appl! in relation todets.

43 . Attachment of share in movalesI Where the propert! to e attached consists of the share or interest of the Gudgment#detor in movale propert! elonging to him and another as co#owners the attachment shalle made ! a notice to the Gudgment#detor prohiiting him from transferring the share or interest or chargingit in an! wa!.

4% . Attachment of salar! or allowances of servant of the 1overnment or railwa! compan! or local authorit!I>$? Where the propert! to e attached is the salar! or allowances of a servant of the 1overnment or of aservant of a railwa! compan! or local authorit! @92,@or of a servant of a corporation engaged in an! trade or

industr! which is estalished ! a Central &rovincial or State Act or a 1overnment compan! as defined insection 2$3 of the Companies Act $,2 >$ of $,2? the Court whether the Gudgment#detor or thedisursing officer is or is not within the local limits of the CourtKs Gurisdiction ma! order that the amount shallsuGect to the provisions of section 2< e withheld from such salar! or allowances either in one pa!ment or! monthl! instalments as the Court ma! direct; and upon notice of the order to such officer as theappropriate 1overnment ma! e notification in the 6fficial 1aette appoint in this ehalfI

>a? where such salar! or allowances are to e disursed within the local limits to which this Code for the timeeing extends the officer or other person whose dut! it is to disurse the same shall withhold and remits tothe Court the amount due under the order or the monthl! instalments as the case ma! e;

>? where such salar! or allowances are to e disursed e!ond the said limits the officer or other personwithin those limits whose dut! it is to instruct the disursing authorit! regarding the amount of the salar! orallowances to the disursed shall remit to the Court the amount due under the order or the monthl!

instalments as the case ma! e and shall direct the disursing authorit! to reduce the aggregate of theamounts from time to time to e disursed ! the aggregate of the amounts from time to time remitted to theCourts.

>9? Where the attachale proportion of such salar! or allowances is alread! eing withheld and remitted to aCourt in pursuance of a previous and unsatisfied order of attachment the officer appointed ! theappropriate 1overnment in this ehalf shall forthwith return the suseDuent order to the Court issuing it witha full statement of all the particulars of the existing attachment.

@93< @>-? Ever! order made under this rule unless it is returned in accordance with the provisions of su#rule>9? shall without further notice or other process ind the appropriate 1overnment or the railwa! compan! orlocal authorit! or corporation or 1overnment compan! as the case ma! e while the Gudgment#detor iswithin the local limits to which this Code for the time eing extends and while he is e!ond those limits if heis in receipt of an! salar! or allowances pa!ale out of the Consolidated :und of (ndia or the consolidated

:und of the State or the funds of a railwa! compan! or local authorit! or corporation or 1overnmentCompan! in (ndia; and the appropriate 1overnment or the railwa! compan! or local authorit! or corporationor 1overnment compan! as the case ma! e shall e liale for an! sum paid in contravention of the rule.

@93$ @Explanation.I(n this rule appropriate 1overnment meansI

>i? as respects an! person in the service of the Central 1overnment or an! servant of a railwa!administration or of a cantonment authorit! or of the port authorit! of a maGor port or an! servant of acorporation engaged in an! trade or industr! which is estalished ! Central Act or an! servant of a1overnment compan! in which an! part of the share capital is held ! the Central 1overnment or ! morethan one State 1overnments or partl! ! the Central 1overnment and partl! ! one or more State1overnments the Central 1overnment;



>ii? as respects an! other servant of the 1overnment or a servant of an! other local or other authorit! or an!servant of a corporation engaged in an! trade or industr! which is estalished ! a &rovincial or State Act ora servant of an! other 1overnment compan! the State 1overnment.

@939@4%A . Attachment of salar! or allowances of private emplo!eesI >$? Where the propert! to e attachedis the salar! or allowances of an emplo!ee other than an emplo!ee to whom rule 4% applies the Courtwhere the disursing officer of the emplo!ee is within the local limits of the CourtKs Gurisdiction ma! order thatthe amount shall suGect to the provisions of section 2< e withheld from such salar! or allowances either in

one pa!ment or ! monthl! instalments as the Court ma! direct; and upon notice of the order to suchdisursing officer such disursing officer shall remit to the Court the amount due under the order or themonthl! instalments as the case ma! e.

>9? Where the attachale portion of such salar! or allowances is alread! eing withheld or remitted to theCourt in pursuance of a previous and unsatisfied order of attachment the disursing officer shall forthwithreturn the suseDuent order to the Court issuing it with a full statement of all the particulars of the existingattachment.

>-? Ever! order made under this rule unless it is returned in accordance with the provisions of su#rule >9?shall without further notice or other process ind the emplo!er while the Gudgment#detors is within the locallimits to which this Code for the time eing extents and while he is e!ond those#limits if he is in receipt ofsalar! or allowances pa!ale out of the funds of an emplo!er in an! part of (ndia; and the emplo!er shall eliale for an! sum paid in contravention of this rule.

4, . Attachment of partnership propert!I >$? Save as otherwise provided ! this rule propert! elonging to apartnership shall not e attached or sold in execution of a decree other than a decree passed against the firmor against the partners in the firm as such.

>9? 0he Court ma! on the application of the holder of a decree against a partner maFe an order charging theinterest of such partner in the partnership propert! and profits with pa!ment of the amount due under thedecree and ma! ! the same or a suseDuent order appoint a receiver of the share of such partner in theprofits >whether alread! declared or accruing? and of an! other mone! which ma! e coming to him inrespect of the partnership and direct accounts and inDuiries and maFe an order for the sale of such interestor other orders as might have een directed or made if a charge had een made in favour of the degree#holder ! such partner or as the circumstances of the case ma! reDuire.

>-? 0he other partner or partners shall e at liert! at an! time to redeem the interest charged or in the case

of a sale eing directed to purchase the same.>4? Ever! application for an order under su#rule >9? shall e served on the Gudgment#detor and on hispartners or such of them as are within (ndia.

>? Ever! application made ! an! partner of the Gudgment#detor under su#rule >-? shall e served on thedecree#holder and on the Gudgment#detor and on such of the other partners as do not Goin in the applicationand as are within (ndia.

>2? Service under su#rule >4? or su#rule >? shall e deemed to e service on all the partners and all ordersmade on such application shall e similarl! served.

< . Execution of decree against firmI >$? Where a decree has een passed against a firm execution ma!e grantedI

>a? against an! propert! of the partnership;>? against an! person who has appeared in his own name under rule 2 or rule 3 of 6rder 555 or who hasadmitted on the pleadings that he is or who has een adGudged to e a partner;

>c? against an! person who has een individuall! served as a partner with a summons and has failed toappear"

&rovided that nothing in this su#rule shall e deemed to limit or otherwise affect the provisions of @93-@section -< of the (ndial &artnership Act $,-9 >, of $,-9?.

>9? Where the decree#holder claims to e entitled to cause the decree to e executed against an! personother than such a person as is referred to in su#rule >$? clauses >? and >c? as eing a partner in the firm he





>2? 6n the application of the holder of a decree sought to e executed ! the attachment of another decreethe Court maFing an order of attachment under this rule shall give notice of such order to the Gudgment#detor ound ! the decree attached; and no pa!ment or adGustment of the attached decree made ! the

Gudgment#detor in contravention of such order @932@with Fnowledge thereof or after receipt of noticethereof either through the Court or otherwise shall e recognied ! an! Court so long as the attachmentremains in force.

4 . Attachment of immovale propert!I >$? Where the propert! is immovale the attachment shall e made

! an order prohiiting the Gudgment#detor from transferring or charging the propert! in an! wa! and allpersons from taFing an! enefit from such transfer or charge.

@933 @>$A? 0he order shall also reDuire the Gudgment#detor to attend Court on a specified date to taFe noticeof the date to e fixed for settling the terms of the proclamation of sale.

>9? 0he order shall e proclaimed at some place on or adGacent to such propert! ! eat of drum or othercustomar! mode and a cop! of the order shall e affixed on a conspicuous part of the propert! and thenupon a conspicuous part of the court#house and also where the propert! is land pa!ing revenue to the1overnment in the office of the Collector of the district in which the land is situate @93%@and where thepropert! is land situate in a village also in the office of the 1ram &ancha!at if an! having Gurisdiction overthat village.

. Removal of attachment after satisfaction of decreeI WhereI

>a? the amount decreed with costs and all charges and expenses resulting from the attachment of an!propert! are paid into Court or

>? satisfaction of the decree is otherwise made through the Court or certified to the Court or

>c? the decree is set aside or reversed

the attachment shall e deemed to e withdrawn and in the case of immovale propert! the withdrawalshall if the Gudgment#detor so desires e proclaimed at his expense and a cop! of the proclamation shalle affixed in the manner prescried ! the last preceding rule.

2 . 6rder for pa!ment of coin or currenc! notes to part! entitled under decreeI Where the propert!attached is current coin or currenc! notes the Court ma! at an! time during the continuance of theattachment direct that such coin or notes or a part thereof sufficient to satisf! the decree e paid over to the

part! entitled under the decree to receive the same.@93,@3 . 7etermination of attachmentI >$? Where an! propert! has een attached in execution of a decreeand the Court for an! reason passes an order dismissing the application for the execution of the decree theCourt shall direct whether the attachment shall continue or cease and shall also indicate the period up towhich such attachment shall continue or the date on which such attachment shall cease.

>9? (f the Court omits to give such direction the attachment shall e deemed to have ceased.

@9%< @AdGudication of claims and oGections

% . AdGudication of claims to or oGections to attachment of propert!I >$? Where an! claim is preferred toor an! oGection is made to the attachment of an! propert! attached in execution of a decree on the groundthat such propert! is not liale to such attachment the Court shall proceed to adGudicate upon the claim oroGection in accordance with the provisions herein contained"

&rovided that no such claim or oGection shall e entertainedI

>a? where efore the claim is preferred or oGection is made the propert! attached has alread! een sold; or

>? where the Court considers that the claim or oGection was designedl! or unnecessaril! dela!ed.

>9? All Duestions >including Duestions relating to right title or interest in the propert! attached? arisingetween the parties to a proceeding or their representatives under this rule and relevant to the adGudicationof the claim or oGection shall e determined ! the Court dealing with the claim or oGection and not ! aseparate suit.



>-? /pon the determination of the Duestions referred to in su# rule >9? the Court shall in accordance withsuch determinationI

>a? allow the claim or oGection and release the propert! from attachment either wholl! or to such extent as itthinFs fit; or

>? disallow the claim or oGection; or

>c? continue the attachment suGect to an! mortgage charge or other interest in favour of an! person; or

>d? pass such order as in the circumstances of the case it deems fit.

>4? Where an! claim or oGection has een adGudicated upon under this rule the order made thereon shallhave the same force and e suGect to the same conditions as to appeal or otherwise as if it were a decree.

>? Where a claim or an oGection is preferred and the Court under the proviso to su#rule >$? refuses toentertain it the part! against whom such order is made ma! institute a suit to estalish the right which heclaims to the propert! in dispute; ut suGect to the result of such suit if an! an order so refusing to entertainthe claims or oGection shall e conclusive.

, . Sta! of saleI Where efore the claim was preferred or the oGection was made the propert! attachedhad alread! een advertised for sale the Court ma!I

>a? if the propert! is movale maFe an order postponing the sale pending the adGudication of the claim or

oGection or

>? if the propert! is immovale maFe an order that pending the adGudication of the claim or oGection thepropert! shall not e sold or that pending such adGudication the propert! ma! e sold ut the sale shall note confirmed

and an! such order ma! e made suGect to such terms and conditions as to securit! or otherwise as theCourt thinFs fit.

2< to 2-. @6mitted.

Sale genrall!

24 . &ower to order propert! attached to e sold and proceeds to e paid to person entitledI An! Courtexecuting a decree ma! order that an! propert! attached ! it and liale to sale or such portion thereof as

ma! see necessar! to satisf! the decree shall e sold and that the proceeds of such sale or a sufficientportion thereof shall e paid to the part! entitled under the decree to receive the same.

2 . Sales ! whom conducted and how madeI Save as otherwise prescried ever! sale in execution of adecree shall e conducted ! an officer of the Court or ! such other person as the Court ma! appoint in thisehalf and shall e made ! pulic auction in manner prescried.

22 . &roclamation of sales ! pulic auctionI >$? Where an! propert! is ordered to e sold ! pulic auctionin execution of a decree the Court shall cause a proclamation of the intended sale to e made in thelanguage of such Court.

>9? Such proclamation shall e draw up after notice to the decree#holder and the Gudgment#detor and shallstate the time and place of sale and specif! as fairl! and accuratel! as possileI

>a? the propert! to e sold @9%$@or where a part of the propert! would e sufficient to satisf! the decreesuch part;

>? the revenue assessed upon the estate where the propert! to e sold is an interest in an estate or in partof an estate pa!ing revenue to the 1overnment;

>c? an! incumrance to which the propert! is liale;

>d? the amount for the recover! of which the sale is ordered; and

>e? ever! other thing which the Court considers material for a purchaser to Fnow in order to Gudge of thenature and value of the propert!"



@9%9 @&rovided that where notice of the date for settling the terms of the proclamation has een given to the Gudgement#detor ! means of an order under rule 4 it shall not e necessar! to give notice under this ruleto the Gudgment#detor unless the Court otherwise directs"

&rovided further that nothing in this rule shall e construed as reDuiring the Court to enter in the proclamationof sale its own estimate of the value of the propert! ut the proclamation shall include the estimate if an!given ! either or oth of the parties.

>-? Ever! application for an order for sale under this rule shall e accompanied ! a statement signed andverified in the manner hereinefore prescried for the signing and verification of pleadings and containing sofar as the! are Fnown to or can e ascertained ! the person maFing the verification the matters reDuired !su#rule >9? to e specified in the proclamation.

>4? :or the purpose of ascertaining the matters to e specified in the proclamation the Court ma! summonan! person whom it thinFs necessar! to summon and ma! examine him in respect to an! such matters andreDuire him to produce an! document in his possession or power relating thereto.

23 . )ode of maFing proclamationI >$? Ever! proclamation shall e made and pulished as nearl! as ma!e in the manner prescried ! rule 4 su#rule >9?.

>9? Where the Court so directs such proclamation shall also e pulished in the 6fficial 1aette or in a localnewspaper or in oth and the costs of such pulication shall e deemed to e costs of the sale.

>-? Where propert! is divided into lots for the purpose of eing sold separatel! it shall not e necessar! tomaFe a separate proclamation for each lot unless proper notice of the sale cannot in the opinion of theCourt otherwise e given.

2% . 0ime of saleI Save in the case of propert! of the Find descried in the proviso to rule 4- no salehereunder shall without the consent in writing of the Gudgment#detor taFe place until after the expiration ofat least @9%-@fifteen da!s in the case of immovale propert! and of at least @9%4@seven da!s in the case ofmovale propert! calculated from the date on which the cop! of the proclamation has een affixed on thecourt#house of the Judge ordering the sale.

2, . AdGournment or stoppage of saleI >$? 0he Court ma! in its discretion adGourn an! sale hereunder to aspecified da! and hour and the officer conducting an! such sale ma! in his discretion adGourn the salerecording his reasons for such adGournment"

&rovided that where the sale is made in or within the precincts of the court#house no such adGournmentshall e made without the leave of the Court.

>9? Where a sale is adGourned under su#rule >$? or a longer period than @9%@thirt! da!s a freshproclamation under rule 23 shall e made unless the Gudgment#detor consents to waive it.

>-? Ever! sale e stopped if efore the lot is FnocFed down the det and costs >including the costs of thesale? are tendered to the officer conducting the sale or proof is given to his satisfaction that the amount ofsuch det and costs has een paid into the Court which ordered the sale.

3< . @Saving of certain sales. Rep. ! the Code of Civil &rocedure >Amendment? Act $,2 >22 of $,2? s.$4.

3$ . 7efaulting purchaser answerale for loss on re#saleI An! deficienc! of price which ma! happen on are#sale ! reason of the purchaserKs default and all expenses attending such re#sale shall e certified to the

Court ! the officer or other person holding the sale and shall at the instance of either the decree#holder orthe Gudgment#detor e recoverale from the defaulting purchaser under the provisions relating to theexecution of a decree for the pa!ment of mone!.

39 . 7ecree holder not to id for or u! propert! without permissionI >$? *o holder of a decree in executionof which propert! is sold shall without the express permission of the Court id for or purchase the propert!.

>9? Where decree#holder purchases amount of decree ma! e taFen as pa!mentIWhere a decree#holderpurchases with such permission the purchase#mone! and the amount due on the decree ma! suGect to theprovisions of section 3- e set off against one another and the Court executing the decree small enter upsatisfaction of the decree in whole or in part accordingl!.



>-? Where a decree#holder purchases ! himself or through another person without such permission theCourt ma! if it thinFs fit on the application of the Gudgment#detor or an! other person whose interests areaffected ! the sale ! order set aside the sale; and the costs of such application and order and an!deficienc! of price which ma! happen on the re#sale and all expenses attending it shall e paid ! thedecree#holder.

@9%2@39A . )ortgagee not to id at sale without the leave of the CourtI >$? *otwithstanding an!thingcontained in rule 39 a mortgagee of immovale propert! shall not id for or purchase propert! sold in

execution of a decree on the mortgage unless the Court grants him leave to id for or purchase the propert!.

>9? (f leave to id is granted to such mortgagee then the Court shall fix a reserve price as regards themortgagee and unless the Court otherwise directs the reserve price shall eI

>a? not less than the amount then due for principal interest and costs in respect of the mortgage if thepropert! is sold in one lot; and

>? in the case of an! propert! sold in lots not less than such sum as shall appear to the Court to e properl!attriutale to each lot in relation to the amount then due for principal interest and costs on the mortgage.

>-? (n other respects the provisions of su#rules >9? and >-? of rule 39 shall appl! in relation to purchase !the decree#holder under that rule.

3- . Restriction on idding or purchase ! officersI *o officer or other person having an! dut! to perform in

connection with an! sale shall either directl! or indirectl! id for acDuire or attempt to acDuire an! interest inthe propert! sold.

Sale of movale propert!

34 . Sale of agricultural produceI >$? Where the propert! to e sold is agricultural produce the sale shall eheldI

>a? if such produce is a growing crop on or near the land on which such crop has grown or

>? if such produce has een cut or gathered at or near the threshing floor or place for treading out grain orthe liFe or fodder#stacF on or in which it is deposited"

&rovided that the Court ma! direct the sale to e held at the nearest place of pulic resort if it is of opinionthat the produce is there! liFel! to sell to greater advantage.

>9? Where on the produce eing put up for saleI

>a? a fair price in the estimation of the person holding the sale is not offered for it and

>? the owner of the produce or a person authoried to act in his ehalf applies to have the sale postponed tillnext da! or if a marFet is held at the place of sale the next marFet#da!

the sale shall e postponed accordingl! and shall e then completed whatever price ma! e offered for theproduce.

3 . Special provisions relating to growing cropsI >$? Where the propert! to e sold is a growing crop andthe crop from its nature admits of eing stored ut has not !et een stored the da! of the sale shall e sofixed as to admit of its eing made read! for storing efore the arrival of such da! and the sale shall not eheld until the crop has een cut or gathered and is read! for storing.

>9? Where the crop from its nature does not admit of eing stored it ma! e sold efore it is cut and gatheredand the purchaser shall e entitled to enter on the land and to do all that is necessar! for the purpose oftending and cutting or gathering it.

32 . *egotiale instruments and shares in corporationsI Where the propert! to e sold is a negotialeinstrument or a share in a corporation the Court ma! instead of directing the sale to e made ! pulicauction authorie the sale of such instrument or share through a roFer.

33 . Sale ! pulic auctionI >$? Where movale propert! is sold ! pulic auction the price of each lot shalle paid at the time of sale or as soon after as the officer or other person holding the sale directs and indefault of pa!ment the propert! shall forthwith e re#sold.



>9? 6n pa!ment of the purchase#mone! the officer or other person holding the sale shall grant a receipt forthe same and the sale shall ecome asolute.

>-? Where the movale propert! to e sold is a share in goods elonging to the Gudgment#detor and a co#owner and two or more persons of whom one is such co#owner respectivel! id the same sum for suchpropert! or for an! lot the idding shall e deemed to e the idding of the co#owner.

3% . (rregularit! not to vitiate sale ut an! person inGured ma! sueI *o irregularit! in pulishing or

conducting the sale of movale propert! shall vitiate the sale; ut an! person sustaining an! inGur! ! reasonof such irregularit! at the hand of an! other person ma! institute a suit against him for compensation or >ifsuch other person is the purchaser? for the recover! of the specific propert! and for compensation in defaultof such recover!.

3, . 7eliver! of movale propert! dets and sharesI >$? Where the propert! sold is movale propert! ofwhich actual seiure has een made it shall e delivered to the purchaser.

>9? Where the propert! sold is movale propert! in the possession of some person other than the Gudgment#detor the deliver! thereof to the purchaser shall e made ! giving notice to the person in possessionprohiiting him from delivering possession of the propert! to an! person except the purchaser.

>-? Where the propert! sold is a det not secured ! a negotiale instrument or is a share in a corporationthe deliver! thereof shall e made ! a written order of the Court prohiiting the creditor from receiving thedet or an! interest thereon and the detor from maFing pa!ment thereof to an! person except the

purchaser of prohiiting the person in whose name the share ma! e standing from maFing an! transfer ofthe share to an! person except the purchaser or receiving pa!ment of an! dividend or interest thereon andthe manager secretar! or other proper officer of the corporation from permitting an! such transfer or maFingan! such pa!ment to an! person except the purchaser.

%< . 0ransfer of negotiale instruments and sharesI >$? Where the execution of a document or theendorsement of the part! in whose name a negotiale instrument or a share in a corporation is standing isreDuired to transfer such negotiale instrument or share the Judge or such officer as he ma! appoint in thisehalf ma! execute such document or maFe such endorsement as ma! e necessar! and such execution or endorsement shall have the same effect as an execution or endorsement ! the part!.

>9? Such execution or endorsement ma! e in the following form namel!"I

A.=. ! C.7. Judge of the Court of >or as the case ma! e? in a suit ! E.:. against A.=.

>-? /ntil the transfer of such negotiale instrument or share the Court ma! ! order appoint some person toreceive an! interest or dividend due thereon and to sign a receipt for the same; and an! receipt so signedshall e as valid and effectual for all purposes as if the same had een signed ! the part! himself.

%$ . 8esting order in case of other propert!I (n the case of an! movale propert! not hereinefore providedfor the Court ma! maFe an order vesting such propert! in the purchaser or as he ma! direct; and suchpropert! shall vest accordingl!.

Sale of immovale propert!

%9 . What Courts ma! order salesI Sales of immovale propert! in execution of decrees ma! e ordered !an! Court other than a Court of Small Causes.

%- . &ostponement of sale to enale Gudgment#detor to raise amount of decreeI >$?Where an order for the

sale of immovale propert! has een made if the Gudgment#detor can satisf! the Court that there is reasonto elieve that the amount of the decree ma! e raised ! the mortgage or lease or private sale of suchpropert! or some part thereof or of an! other immovale propert! of the Gudgment#detor the Court ma! onhis application postpone the sale of the propert! comprised in the order for sale on such terms and for suchperiod as it thinFs proper to enale him to raise the amount.

>9? (n such case the Court shall grant a certificate to the Gudgment#detor authoriing him within a period toe mentioned therein and notwithstanding an!thing contained in section 24 to maFe the proposedmortgage lease or sale"



&rovided that all mone!s pa!ale under such mortgage lease or sale shall e paid not to the Gudgment#detor ut save in so far as a decree#holder is entitled to set#off such mone! under the provisions of rule 39into Court"

&rovided also that not mortgage lease or sale under this rule shall ecome asolute until it has eenconfirmed ! the Court.

>-? *othing in this rule shall e deemed to appl! to a sale of propert! directed to e sold in execution of a

decree for sale in enforcement of a mortgage of or charge on such propert!.%4 . 7eposit ! purchaser and re#sale on defaultI >$? 6n ever! sale of immovale propert! the persondeclared to e the purchaser shall pa! immediatel! after such declaration a deposit of twent!#five per centon the amount of his purchase#mone! to the officer or other person conducting the sale and in default ofsuch deposit the propert! shall forthwith e re#sold.

>9? Where the decree#holder is the purchaser and is entitled to set#off the purchase#mone! under rule 39 theCourt ma! dispense with the reDuirements of this rule.

% . 0ime for pa!ment in full of purchase#mone!I 0he full amount of purchase#mone! pa!ale shall e paid! the purchaser into Court efore the Court closes on the fifteenth da! from the sale of the propert!"

&rovided that in calculating the amount to e so paid into Court the purchaser shall have the advantage ofan! set#off to which he ma! e entitled under rule 39.

%2 . &rocedure in default of pa!mentI (n default of pa!ment within the period mentioned in the lastpreceding rule the deposit ma! if the Court thinFs fit after defra!ing the expenses of the sale e forfeited tothe 1overnment and the propert! shall e re#sold and the defaulting purchaser shall forfeit all claim to thepropert! our to an! part of the sum for which it ma! suseDuentl! e sold.

%3 . *otification on re#saleI Ever! re#sale of immovale propert! in default of pa!ment of the purchase#mone! within the period allowed for such pa!ment shall e made after the issue of fresh proclamation in themanner and for the period hereinefore prescried for the sale.

%% . =id of co#sharer to have preferenceI Where the propert! sold is a share of undivided immovalepropert! and two or more persons or whom one is a co#sharer respectivel! id the same sum for suchpropert! or for an! lot the id shall e deemed to e the id of the co#sharer.

%, . Application to set aside sale on depositI >$? Where immovale propert! has een sold in execution of a

degree @9%3@an! person claiming an interest in the propert! sold at the time of the sale or at the time ofmaFing the application or acting for or in the interest of such person ma! appl! to have the sale set asideon his deposition in CourtI

>a? for pa!ment to the purchaser a sum eDual to five per cent of the purchase#mone! and

>? for pa!ment to the decree#holder the amount specified in the proclamation of sale as that for therecover! of which the sale was ordered less an! amount which ma! since the date of such proclamation ofsale have een received ! the decree# holder.

>9? Where a person applies under rule ,< to set aside the sale of his immovale propert! he shall not unlesshe withdraws his application e entitled to maFe or prosecute an application under this rule.

>-? *othing in this rule shall relieve the Gudgment#detor from an! liailit! he ma! e under in respect of costsand interest not covered ! the proclamation of sale.

@9%%@,< . Application to set aside sale on ground of irregularit! or fraudI >$? Where an! immovale propert!has een sold in execution of a decree the decree#holder or the purchaser or an! other person entitled toshare in a rateale distriution of assets whose interests are affected ! the sale ma! appl! to the Court toset aside the sale on the ground of a material irregularit! or fraud in pulishing or conduction it.

>9? *o sale shall e set aside on the ground of irregularit! or fraud in pulishing or conducting it unless uponthe facts proved the Court is satisfied that the applicant has sustained sustantial inGur! ! reason of suchirregularit! or fraud.

>-? *o application to set aside a sale under this rule shall e entertained upon an! ground which theapplicant could have taFen on or efore the date on which the proclamation of sale was drawn up.



Explanation.I0here mere asence of or defect in attachment of the propert! sold shall not ! itself e aground for setting aside a sale under this rule.

,$ . Application ! purchaser to set aside sale on ground of Gudgment#detor having no saleale interestI0he purchaser at an! such sale in execution of a decree ma! appl! to the Court to set aside the sale on theground that the Gudgment#detor had no saleale interest in the propert! sold.

,9 . Sale when to ecome asolute or e set asideI >$? When no application is made under rule %, rule ,<

or rule ,$ or where such application is made and disallowed the Court shall maFe an order confirming thesale and thereupon the sale shall ecome asolute"

@9%,@&rovided that where an! propert! is sold in execution of a decree pending the final disposal of an!claim to or an! oGection to the attachment of such propert! the Court shall not confirm such sale until thefinal disposal of such claim or oGection.

>9? Where such application is made and allowed and where in the case of an application under rule %, thedeposit reDuired ! that rule is made within thirt! da!s from the date of sale @9,<@or in cases where theamount deposited under rule %, is found to e deficient owing to an! clerical or arithmetical mistaFe on thepart of the depositor and such deficienc! has een made good within such time as ma! e fixed ! theCourt the Court shall maFe an order setting aside the sale"

&rovided that no order shall e made unless notice of the application has een given to all persons affectedthere!.

>-? *o suit to set aside an order made under this rule shall e rought ! an! person against whom suchorder is made.

@9,$ @>4? Where a third part! challenges the Gudgment#detorKs title ! filing a suit against the auction#purchaser the decree#holder and the Gudgment#detor shall e necessar! parties to the suit.

>? (f the suit referred to in su#rule >4? is decreed the Court shall direct the decree#holder to refund themone! to the auction#purchaser and where such an order is passed the execution proceeding in which thesale had een held shall unless the Court directs e revived at the stage at which the sale was ordered.

,- . Return of purchase#mone! in certain casesI Where a sale of immovale propert! is set aside underrule ,9 the purchaser shall e entitled to an order for repa!ment of his purchase#mone! with or withoutinterest as the Court ma! direct against an! person to whom it has een paid.

,4 . Certificate to purchaserI Where a sale of immovale propert! has ecome asolute the Court shallgrant a certificate specif!ing the propert! sold and the name of the person who at the time of sale of isdeclared to e the purchaser. Such certificate shall ear date the da! on which the sale ecame asolute.

, . 7eliver! of propert! in occupanc! of Gudgment# detorI Where the immovale propert! sold is in theoccupanc! of the Gudgment#detor or of some person on his ehalf or of some person claiming under a titlecreated ! the Gudgment#detor suseDuentl! to the attachment of such propert! and a certificate in respectthereof has een granted under rule ,4 the Court shall on the application of the purchaser order to deliver!to e made ! putting such purchaser or an! person whom he ma! appoint to receive deliver! on his ehalfin possession of the propert! and if need e ! removing an! person who refuses to vacate the same.

,2 . 7eliver! of propert! in occupanc! of tenantI Where the propert! sold is in the occupanc! of a tenant orother person entitled to occup! the same and a certificate in respect thereof has een granted under rule ,4the Court shall on the application of the purchaser order deliver! to e made ! affixing a cop! of the

certificate of sale in some conspicuous place on the propert! and proclaiming to the occupant ! eat ofdrum or other customar! mode at some convenient place that the interest of the Gudgment#detor has eentransferred to the purchaser.

Resistance to deliver! of possession to decree# holder or purchaser

,3 . Resistance or ostruction to possession of immovale propert!I >$? Where the holder of a decree forthe possession of immovale propert! or the purchaser of an! such propert! sold in execution of a decree isresisted or ostructed ! an! person in otaining possession of the propert! he ma! maFe an application tothe Court complaining of such resistance or ostruction.



@9,9@>9? Where an! application is made under su#rule >$? the Court shall proceed to adGudicate upon theapplication in accordance with the provisions herein contained.

@9,- @,% . 6rders after adGudicationI >$? /pon the determination of the Duestions referred to in rule $<$ theCourt shall in accordance with such determination and suGect to the provisions of su#rule >9?I

>a? maFe an order allowing the application and directing that the applicant e put into the possession of thepropert! or dismissing the application; or

>? pass such other order as in the circumstances of the case it ma! deem fit.

>9? Where upon such determination the Court is satisfied that the resistance or ostruction was occasionedwithout an! Gust cause ! the Gudgment#detor or ! some other person at his instigation or on his ehalf or! an! transferee where such transfer was made during the pendenc! of the suit or execution proceeding itshall direct that the applicant e put into possession of the propert! and where the applicant is still resistedor ostructed in otaining possession the Court ma! also at the instance of the applicant order the

Gudgment#detor or an! person acting at his instigation or on his ehalf to e detained in the civil prison for aterm which ma! extend to thirt! da!s.

,, . 7ispossession ! decree#holder or purchaserI >$? Where an! person other than the Gudgment#detor isdispossessed of immovale propert! ! the holder of a decree for possession of such propert! or wheresuch propert! has een sold in execution of a decree ! the purchaser thereof he ma! maFe an applicationto the Court complaining of such dispossession.

>9? Where an! such application is made the Court shall proceed to adGudicate upon the application inaccordance with the provisions herein contained.

$<< . 6rder to e passed upon application complaining of dispossessionI /pon the determination of theDuestions referred to in rule $<$ the Court shall in accordance with such determinationI

>a? maFe an order allowing the application and directing that the applicant e put into the possession of thepropert! or dismissing the application; or

>? pass such other order as in the circumstances of the case it ma! deem fit.

$<$ . Muestion to e determinedI All Duestions >including Duestions relating to right title or interest in thepropert!? arising etween the parties to a proceeding on an application under rule ,3 or rule ,, or theirrepresentatives and relevant to the adGudication of the application shall e determined ! the Court dealing

with the application and not ! a separate suit and for this purpose the Court shall notwithstanding an!thingto the contrar! contained in an! other law for the time eing in force e deemed to have Gurisdiction todecide such Duestions.

$<9 . Rules not applicale to transferee =(pendent liteI *othing in rules ,% and $<< shall appl! to resistanceor ostruction in execution of a decree for the possession of immovale propert! ! a person to whom the

Gudgment#detor has transferred the propert! after the institution of the suit in which the decree was passedor to the dispossession of an! such person.

ExplanationI(n this rule transfer includes a transfer ! operation of law.

$<- . 6rders to e treated as decreesI Where an! application has een adGudicated upon under rule ,% orrule $<< the other made thereon shall have the same force and e suGect to the same conditions as to anappeal or otherwise as if it were a decree.

@9,4@$<4 . 6rder under rule $<$ or rule $<- to e suGect to the result or pending suitI Ever! order madeunder rule $<$ or rule $<- shall e suGect to the result of an! suit that ma! e pending on the date ofcommencement of the proceeding in which such order is made if in such suit the part! against whom theorder under rule $<$ or rule $<- is made has sought to estalish a right which he claims to the presentpossession of the propert!.

$< . Hearing of applicationI >$? 0he Court efore which an application under an! of the foregoing rules ofthis 6rder is pending ma! fix a da! for the hearing of the application.

>9? Where on the da! fixed or on an! other da! to which the hearing ma! e adGourned the applicant does notappear when the case is called on for hearing the Court ma! maFe an order that the application edismissed.





>? the plaintiff applies after the expir! of the period specified therefor in the 'imitation Act $,2- >-2 of $,2-?for setting aside the aatement and also for the admission of that application under section of that Act onthe ground that he had ! reason of such ignorance sufficient cause for not maFing the application withinthe period specified in the said Act

the Court shall in considering the application under the said section have due regard to the fact of suchignorance if proved.

@9,2@4A . &rocedure where there is no legal representativeI >$? (f in an! suit it shall appear to the Courtthat an! part! who has died during the pendenc! of the suit has no legal representative the Court ma! onthe application of an! part! to the suit proceed in the asence of a person representing the estate of thedeceased person or ma! ! order appoint the Administrator#1eneral or an officer of the Court or such otherperson as it thinFs fit to represent the estate of the deceased person for the purpose of the suit; and an!

Gudgment or order suseDuentl! given or made in the suit shall ind the estate of the deceased person to thesame extent as he would have een ound if a personal representative of the deceased person had een apart! to the suit.

>9? =efore maFing an order under this rule the CourtI

>a? ma! reDuire notice of the application for the order to e given to such >if an!? of the persons having aninterest in the estate of the deceased person as it thinFs fit; and

>? shall ascertain that the person proposed to e appointed to represent the estate of the deceased person

is willing to e so appointed and has no interest adverse to that of the deceased person.

. 7etermination of Duestion as to legal representativeI Where a Duestion arises as to whether an! personis or is not the legal representative of a deceased plaintiff or a deceased defendant such Duestion shall edetermined ! the Court"

@9,3@&rovided that where such Duestion arises efore an Appellate Court that Court ma! eforedetermining the Duestion direct an! suordinate Court to tr! the Duestion and to return the records togetherwith evidence if an! recorded at such trial its findings and reasons therefor and the Appellate Court ma!taFe the same into consideration in determining the Duestion.

2 . *o aatement ! reason of death after hearingI *othwithstanding an!thing contained in the foregoingrules whether the cause of action survives or not there shall e no aatement ! reason of the death ofeither part! etween the conclusion of the hearing and the pronouncing of the Gudgment ut Gudgment ma! in

such case e pronounced notwithstanding the death and shall have the same force and effect as if it hadeen pronounced efore the death tooF place.

3 . Suit not aated ! marriage of female part!I >$? 0he marriage of a female plaintiff or defendant shall notcause the suit to aate ut the suit ma! notwithstanding e proceeded with to Gudgment and where thedecree is against a female defendant it ma! e executed against her alone.

>9? Where the husand is ! law liale for the dets of his wife the decree ma! with the permission of theCourt e executed against the husand also; and in case of Gudgment for the wife execution of the decreema! with such permission e issued upon the application of the husand where the husand is ! lawentitled to the suGect matter of the decree.

% . When plaintiffs insolvenc! ars suitI >$? 0he insolvenc! of a plaintiff in an! suit which the assignee orreceiver might maintain for the enefit of his creditors shall not cause the suit to aate unless such assignee

or receiver declines to continue the suit or >unless for an! special reason the Court otherwise directs? to givesecurit! for the costs thereof within such time as the Court ma! direct.

>9? &rocedure where assignee fails to continue suit or give securit!IWhere the assignee or receiverneglects or refuses to continue the suit and to give such securit! within the time so ordered the defendantma! appl! for the dismissal of the suit on the ground of the plaintiffKs insolvenc! and the Court ma! maFe anorder dismissing the suit and awarding to the defendant the costs which he has insured in defending thesame to e proved as a det against the plaintiffKs estate.

, . Effect of aatement or dismissalI >$? Where a suit aates or is dismissed under this 6rder no fresh suitshall e rought on the same cause of action.



>9? 0he plaintiff or the person claiming to e the legal representative of a deceased plaintiff or the assignee or the receiver in the case of an insolvent plaintiff ma! appl! for an order to set aside the aatement ordismissal; and if it is proved that he was prevented ! an! sufficient cause from continuing the suit the Courtshall set aside the aatement or dismissal upon such terms as to costs or otherwise as it thinFs fit.

>-? 0he provisions of section of the @9,%@(ndian 'imitation Act $%33 >$ of $%33? shall appl! toapplications under su#rule >9?.

@9,,@ExplanationI*othing in this rule shall e construed as arring in an! later suit a defence ased onthe facts which constituted the cause of action in the suit which had aated or had een dismissed under this6rder

$< . &rocedure in case of assignment efore final order in suitI >$? (n other cases of an assignmentcreation or devolution of an! interest during the pendenc! of a suit ma! ! leave of the Court e continued! or against the person to or upon whom such interest has come or devolved.

>9? 0he attachment of a decree pending an appeal therefrom shall e deemed to e an interest entitling theperson who procured such attachment to the enefit of su#rule >$?.

@-<<@$<A . 7ut! or pleader to communicate to Court death of a part!I Wherever a pleader appearing for apart! to the suit comes to Fnow of the death of that part! he shall inform the Court aout it and the Courtshall there upon give notice of such death to the other part! and for this purpose the contract etween thepleader and the deceased part! shall e deemed to susist.

$$ . Application of 6rder to appealsI (n the application of this 6rder to appeals so far as ma! e the wordplaintiff shall e held to include an appellant the word defendant a respondent and the word suit anappeal.

$9 . Application of 6rder to proceedingsI *othing in rules - 4 and % shall appl! to proceedings in executiveof a decree or order.

ORDER ))III& IT-DRAA# AND AD.'ST$ENT O+ S'ITS

@-<$@$ . Withdrawal of suit or aandonment of part of claimI >$? At an! time after the institution of a suit theplaintiff ma! as against all or an! of the defendants aandon his suit or aandon a part of his claim"

&rovided that where the plaintiff is a minor or other person to whom the provisions contained in rules $ to $4of 6rder 555(( extend neither the suit nor an! part of the claim shall e aandoned without the leave of the

Court.

>9? An application for leave under the proviso to su#rule >$? shall e accompanied ! an affidavit of the nextfriend and also if the minor or such other person is represented ! a pleader ! a certificate of the pleaderto the effect that the aandonment proposed is in his opinion for the enefit of the minor or such otherpersons.

>-? Where the Court is satisfiedI

>a? that a suit must fail ! reason of some formal defect or

>? that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the suGect#matter of asuit or part of a claim

it ma! on such terms as it thinFs fit grant the plaintiff permission to withdraw from such suit or such part of

the claim with liert! to institute a fresh suit in respect of the suGect# matter of such suit or such part of theclaim.

>4? Where the plaintiffI

>a? aandons an! suit or part of claim under su#rule >$? or

>? withdraws from a suit or part of a claim without the permission referred to in su#rule >-?

he shall e liale for such costs as the Court ma! award and shall e preclude from instituting an! fresh suitin respect of such suGect#matter or such part of the claim.



>? *othing in this rule shall e deemed to authorise the Court to permit one of several plaintiffs to aandon asuit or part of a claim under su#rule >$? or to withdraw under su#rule >-? an! suit or part of a claim withoutthe consent of the other plaintiffs.

@-<9@$A . When transposition of defendants as plaintiffs ma! e permittedI Where a suit is withdrawn oraandoned ! a plaintiff under rule $ and a defendant applies to e transposed as a plaintiff under rule $< of 6rder ( the Court shall in considering such application have due regard to the Duestion whether theapplicant has a sustantial Duestion to e decided as against an! of the other defendants.

9 . 'imitation law not affected ! first suitI (n an! fresh suit instituted on permission granted under the lastpreceding rule the plaintiff shall e ound ! the law of limitation in the same manner as if the first suit hadnot een instituted.

- . Compromise of suitI Where it is proved to the satisfaction of the Court that a suit has een adGustedwholl! or in part ! an! lawful agreement or compromise @-<-@in writing and signed ! the parties or wherethe defendant satisfied the plaintiff in respect of the whole or an! part of the suGect#matter of the suit theCourt shall order such agreement compromise satisfaction to e recorded and shall pass a decree isaccordance therewith @-<4@so far as it relates to the parties to the suit whether or not the suGect#matter ofthe agreement compromise or satisfaction is the same as the suGect#matter of the suit"

@-< @&rovided that where it is alleged ! one part! and denied ! the other that an adGustment orsatisfaction has een arrived at the Court shall decide the Duestion; ut not adGournment shall e granted for

the purpose of deciding the Duestion unless the Court for reasons to e recorded thinFs fit to grant suchadGournment.

@-<2 @ExplanationIAn agreement or compromise which is void or voidale under the (ndian Contract Act$%39 >, of $%39? shall not e deemed to e lawful within the meaning of this rule;

@-<3@-A . =ar to suitI *o suit shall lie to set aside a decree on the ground that the compromise on which thedecree is ased was not lawful.

-= . *o agreement or compromise to e entered in a representative suit without leave of CourtI >$? noagreement or compromise in a representative suit shall e entered into without the leave of the Courtexpressl! recorded in the proceedings; and an! such agreement or compromise entered into without theleave of the Court so recorded shall e void.

>9? =efore granting such leave the Court shall give notice in such manner as it ma! thinF fit to such persons

as ma! appear to it to e interested in the suit.

Explanation.I(n this rule representative suit meansI

>a? a suit under section ,$ or section ,9

>? a suit under rule % of 6rder (

>c? a suit in which the manager of an undivided Hindu famil! sues or is sued as representing the othermemers of the famil!

>d? an! other suit in which the decree passed ma! ! virtue of the provisions of this Code or of an! other lawfor the time eing in force ind an! person who is not named as part! to the suit.

4 . &roceeding in execution of decrees not affectedI *othing in this 6rder shall appl! to an! proceedings inexecution of a decree or order.

ORDER ))I*& PA%$ENT INTO CO'RT

$ . 7eposit ! defendant of amount in satisfaction of claimI 0he defendant in an! suit to recover a det ordamage ma! at an! stage of the suit deposit in Court such sum of mone! as he considers a satisfaction infull of the claim.

9 . *otice of depositI *otice of the deposit shall e given through the Court ! the defendant to the plaintiffand the amount of the deposit shall >unless the Court otherwise directs? e paid to the plaintiff on hisapplication.



- . (nterest on deposit not allowed to plaintiff after noticeI *o interest shall e allowed to the plaintiff on an!sum deposited ! the defendant from the date of the receipt of such notice whether the sum deposited is infull of the claim or falls short thereof.

4 . &rocedure where plaintiff accepts deposit as satisfaction in partI >$? Where the plaintiff accepts suchamount as satisfaction in part onl! of his claim he ma! prosecute suit for the alance; and if the Courtdecides that the deposit ! the defendant was a full satisfaction of the plaintiffKs claim the plaintiff shall pa!the costs of the suit incurred after the deposit and the costs incurred previous thereto so far as the! were

caused ! excess in the plaintiffKs claim.

>9? &rocedure where he accepts it as satisfaction in fullIWhere the plaintiff accepts such amount assatisfaction in full of his claim he shall present to the Court a statement to that effect and such statementshall e filed and the Court shall pronounce Gudgment accordingl!; and in directing ! whom the costs ofeach part! are to e paid the Court shall consider which of the parties is most to lame for the litigation.

(llustrations

>a? A owes = Rs. $<<. = sues A for the amount having made no demand for pa!ment and having no reasonto elieve that the dela! caused ! maFing a demand would place him at a disadvantage. 6n the plaint eingfiled. A pa!s the mone! into Court = accepts it in full satisfaction of his claim ut the Court should not allowhim an! costs the litigation eing presumal! groundless on his part.

>? = sues A under the circumstance mentioned in illustration >a?. 6n the plaint eing filed A disputes the

claim. Afterwards A pa!s the mone! into Court. = accepts it in full satisfaction of his claim. 0he Court shouldalso give = his cast of suit. AKs conduct having shown that the litigation was necessar!.

>c? A owes = Rs. $<< and is willing to pa! him that sum without suit. = claims Rs. $< and sues A for thatamount. 6n the plaint eing filed A pa!s Rs. $<< into Court and disputes onl! his liailit! to pa! theremaining Rs. <. = accepts the Rs. $<< in full satisfaction of his claim. 0he Court should order him to pa!

AKs costs.

ORDER ))*&SEC'RIT% +OR COSTS

$ . When securit! for costs ma! e reDuired from plaintiffI >$? At an! stage of a suit the Court ma! either of its own motion or on the application of an! defendant order the plaintiff for reasons to e recorded to givewith in the time fixed ! it securit! for the pa!ment of all costs incurred and liFel! to e incurred ! an!defendant"

&rovided that such an order shall e made in all cases in which it appears to the Court that a sole plaintiff isor >when there are more plaintiffs than one? that all the plaintiff are residing out of (ndia and that such plaintiff does not possess or that no one of such plaintiffs possesses an! sufficient immovale propert! with (ndiaother than the propert! in suit.

>9? Whoever leaves (ndia under such circumstances as to afford reasonale proailit! that he will not eforthcoming whenever he ma! e called upon to pa! costs shall e deemed to e residing out of (ndia withinthe meaning of the proviso to su#rule >$?.

9 . Effect of failure to furnish securit!I >$? (n the event of such securit! not eing furnished within the timefixed the Court shall maFe an order dismissing the suit unless the plaintiff or plaintiffs are permitted towithdraw therefrom.

>9? Where a suit is dismissed under this rule the plaintiff ma! appl! for an order to set the dismissal aside

and if it is proved to the satisfaction of the Court that he was prevented ! an! sufficient cause fromfurnishing the securit! within the time allowed the Court shall set aside the dismissal upon such terms as tosecurit! costs or otherwise as it thinFs fit and shall appoint a da! for proceeding with the suit.

>-? 0he dismissal shall not e set aside unless notice of such application has een served on the defendant.

ORDER ))*I&CO$$ISSIONS

Commissions to examine witnesses

$ . Cases in which Court ma! issue commission to examine witnessI An! Court ma! in an! suit issue acommission for the examination on interrogatories or otherwise of an! person resident within the local limits





>? the Court in its discretion dispenses with the proof of an! of the circumstances mentioned in clause >a?and authories the evidence of an! person eing read as evidence in the suit notwithstanding proof that thecause for taFing such evidence ! commission has ceased at the time of reading the same.

Commissions for local investigations

, . Commissions to maFe local investigationsI (n an! suit in which the Court deems a local investigation toe reDuisite or proper for the purpose of elecidating an! matter in dispute or of ascertaining the marFet#value

of an! propert! or the amount of an! mesne profits or damages or annual net profits the Court ma! issue acommission to such person as it thinFs fit directing him to maFe such investigation and to report thereon tothe Court"

&rovided that where the State 1overnment has made rules as to the persons to whom such commissionshall e issued the Court shall e ound ! such rules.

$< . &rocedure of CommissionerI >$? 0he Commissioner after such local inspection as he deemsnecessar! and after reducing to writing the evidence taFen ! him shall return such evidence together withhis report in writing signed ! him to the Court.

>9? Report and deposition to e evidence in suit. Commissioner ma! e examined in personI0he report ofthe Commissioner and the evidence taFen ! him >ut not the evidence without the report? shall e evidencein the suit and shall form part of the record; ut the Court or with the permission of the Court an! of theparties to suit ma! examine the Commissioner personall! in open Court touching an! part of the matters

referred to him or mentioned in his report or as to his report or as to the manner in which he has made theinvestigation.

>-? Where the Court is for an! reason dissatisfied with the proceedings of the Commissioner it ma! directsuch further inDuir! to e made as it shall thinF fit.

@-$9 @Commissions for scientific investigation performance of ministerial act and sale of movale propert!

$<A . Commission for scientific investigationI >$? Where an! Duestion arising in a suit involves an! scientificinvestigation which cannot in the opinion of the Court e convenientl! conducted efore the Court the Courtma! if it thinFs it necessar! or expedient in the interests of Gustice so to do issue a commission to suchperson as it thinFs fit directing him to inDuire into such Duestion and report thereon to the Court.

>9? 0he provisions of rule $< of the 6rder shall as far as ma! e appl! in relation to a Commissioner

appointed under this rule as the! appl! in relation to a Commissioner appointed under rule ,.$<= . Commission for performance of a ministerial actI >$? Where an! Duestion arising in a suit involves theperformance of an! ministerial act which cannot in the opinion of the Court e convenientl! performedefore the Court the Court ma! if for reasons to e recorded it is of opinion that it is necessar! orexpedient in the interests of Gustice so to do issue a commission to such person as it thinFs fit directing himto perform that ministerial act and report thereon to the Court.

$<C . Commission for the sale of movale propert!I >$? Where in an! suit it ecomes necessar! to sell an!movale propert! which is in the custod! of the Court pending the determination of the suit and which cannote convenientl! preserved the Court ma! if for reasons to e recorded it is of opinion that it is necessar! or expedient in the interests of Gustice so to do issue a commission to such person as it thinFs fit directing himto conduct such sale and report thereon to the Court.

>9? 0he provisions of rule $< of this 6rder shall appl! in relation to a Commissioner appointed under this rule

as the! appl! in relation to a Commissioner appointed under rule ,.

>-? Ever! such sale shall e held as far as ma! e in accordance with the procedure prescried for the saleof movale propert! in execution of a decree.

Commissions to examine accounts

$$ . Commission to examine or adGust accountsI (n an! suit in which an examination or adGustment of theaccounts is necessar! the Court ma! issue a commission to such person as it thinFs fit directing him tomaFe such examination or adGustment.

$9 . Court to give Commissioner necessar! instructionsI >$? 0he Court shall furnish the Commissioner withsuch part of the proceedings and such instructions as appear necessar! and the instructions shall distinctl!



specif! whether the Commissioner is merel! to transmit the proceedings which he ma! hold on the inDuir! or also to report his own opinion on the point referred for his examination.

>9? &roceedings and report to e evidence. Court ma! direct further inDuir!I0he proceedings and report >ifan!? of the Commissioner shall e evidence in the suit ut where the Court has reason to e dissatisfiedwith them it ma! direct such further inDuir! as it shall thinF fit.

Commissions to maFe partitions

$- . Commission to maFe partition of immovale propert!I Where a preliminar! decree for partition haseen passed the Court ma! in an! case not provided for ! section 4 issue a commission to such personas it thinFs fit to maFe the partition or separation according to the rights as declared in such decree.

$4 . &rocedure of CommissionerI >$? 0he Commissioner shall after such inDuir! as ma! e necessar!divide the propert! into as man! shares as ma! e directl! ! the order under which the commission wasissued and shall allot such shares to the parties and ma! if authorised thereto ! the said order awardsums to e paid for the purpose of eDualiing the value of the shares.

>9? 0he commissioner shall then prepare and sign a report or the Commission >where the commission wasissued to more than one person and the! cannot agree? shall prepare and sign separate reports appointingthe share of each part! and distinguishing each share >if so directed ! the said order? ! metes and ounds.Such report or reports shall e annexed to the commission and transmitted to Court; and the Court afterhearing an! oGections which the parties ma! maFe to the report or reports shall confirm var! or set aside

the same.

>-? Where the Court confirms or varies the report or reports it shall pass a decree in accordance with thesame as confirmed or varied; ut where the Court sets aside the report or reports it shall either issue a newcommission or maFe such other order as it shall thinF fit.

1eneral provisions

$ . Expenses of commission to e paid into CourtI =efore issuing an! commission under this 6rder theCourt ma! order such sum >if an! ? as it thinFs reasonale for the expenses of the commission to e within atime to e fixed paid into Court ! the part! at whose instance or for whose enefit the commission isissued.

$2 . &owers of CommissionersI An! Commissioner appointed under this 6rder ma! unless otherwise

directed ! the order of appointed.>a? examine the parties themselves and an! witness whom the! or an! of them ma! produce and an! otherperson whom the Commissioner thinFs proper to call upon to give evidence in the matter referred to him;

>? call for and examine documents and other things relevant to the suGect of inDuir!;

>c? at an! reasonale time enter upon or into an! land or uilding mentioned in the order.

@-$-@$2A . Muestions oGected to efore the CommissionerI >$? Where an! Duestion put to a witness isoGected to ! a part! or his pleader in proceedings efore a Commissioner appointed under this 6rder theCommissioner shall taFe down the Duestion the answer the oGections and the name of the part! or as thecase ma! e the pleader so oGecting"

&rovided that the Commissioner shall not taFe down the answer to a Duestion which is oGected to on theground of privilege ut ma! continue with the examination of the witness leaving the part! to get theDuestion of privilege decided ! the Court and where the Court decides that there is no Duestion ofprivilege the witness ma! e recalled ! the Commissioner and examined ! him or the witness ma! eexamined ! the Court with regard to the Duestion which was oGected to on the ground of privilege.

>9? *o answer taFen down under su#rule >$? shall e read was evidence in the suit except ! the order ofthe Court.

$3 . Attendance and examination of witnesses efore CommissionerI >$? 0he provisions of this Coderelating to the summoning attendance and examination of witnesses and to the remuneration of andpenalties to e imposed upon witnesses shall appl! to persons reDuired to give evidence or to producedocuments under this 6rder whether the commission in execution of which the! are so reDuired has een



issued ! a Court situate within or ! a Court situate e!ond the limits of (ndia and for the purposes of thisrule the Commissioner shall e deemed to e a Civil Court"

@-$4 @&rovided that when the Commissioner is not a Judge of a Civil Court he shall not e competent toimpose penalties; ut such penalties ma! e imposed on the application of such Commissioner ! the Court! which the commission was issued.

>9? A Commissioner ma! appl! to an! Court >not eing a High Court? within the local limits on whose

Gurisdiction a witness resides for the issue of an! process which he ma! find it necessar! to issue to oragainst such witness and such Court ma! in its discretion issue such process as it considers reasonaleand proper.

$% . &arties to appear efore CommissionerI >$? Where a commission is issued under this 6rder the Courtshall direct that the parties to the suit shall appear efore the Commissioner in person or ! their agents orpleaders.

>9? Where all or an! of the parties do not so appear the Commissioner ma! proceed in their asence.

@-$@$%A . Application of 6rder to execution proceedingsI 0he provisions of this 6rder shall appl! so far asma! e to proceedings in execution of a decree or order.

$%= . Court to fix a time for return of commissionI 0he Court issuing a commission shall fix a date on orefore which the commission shall e returned to it after execution and the date so fixed shall not e

extended except where the Court for reasons to e recorded is satisfied that there is sufficient cause forextending the date.

Commissions issued at the instance of foreign 0riunals

$, . Cases in which High Court ma! issue commission to examine witnessI >$? (f a High Court is satisfiedI

>a? that a foreign court situated in a foreign countr! wishes to otain the evidence of a witness in an!proceeding efore it

>? that the proceeding is of a civil nature and

>c? that the witness is residing within the limits of the High CourtKs appellate Gurisdiction

it ma! suGect to the provisions of the rule 9< issue a commission for the examination of such witness.

>9? Evidence ma! e given of the matters specified in clauses >a? >? and >c? of su#rule >$?I

>a? ! a certificate signed ! the consular officer of the foreign countr! of the highest ranF in (ndia andtransmitted to the High Court through the Central 1overnment or

>? ! a letter of reDuest issued ! the foreign Court and transmitted to the High Court through the Central1overnment or

>c? ! a letter of reDuest issued ! the foreign Court and produced efore the High Court ! a part! to theproceeding.

9< . Application for issue of commissionI 0he High Court ma! issue a commission under rule $,I

>a? upon application ! a part! to the proceeding efore the foreign Court or

>? upon an application ! a law officer of the State 1overnment acting under instructions from the State1overnment.

9$ . 0o whom commission ma! e issuedI A commission under rule $, ma! e issued to an! Court withinthe local limits of whose Gurisdiction the witness resides or the witness resides within the local limits of theordinar! original civil Gurisdiction of the High Court to an! person whom the Court thinFs f it to execute thecommission.

99 . (ssue execution and return of commissions and transmission of evidence to foreign CourtI 0heprovisions of rules 2 $ @-$2@Su#rule >$? of rule $2A $3 $% and $%= of this 6rder in so far as the! areapplicale shall appl! to the issue execution and return of such commissions and when an! suchcommission has een dul! executed it shall e returned together with the evidence taFen under it to the



High Court which shall forward it to the Central 1overnment along with the letter of reDuest for transmissionto the foreign court.

ORDER ))*II&S'ITS B% OR AAINST T-E O*ERN$ENT OR P'B#IC O++ICERSRIN T-EIRO++ICIA# CAPACIT%

$ . Suits ! or against 1overnmentI (n an! suit ! or against the 1overnment the plaint or written statementshall e signed ! such person as the 1overnment ma! ! general or special order appoint in this ehalf

and shall e verified ! an! person whom the 1overnment ma! so appoint and who is acDuainted with thefacts of the case.

S0A0E A)E*7)E*0S

/ttar &radesh.I (n the marginal heading of the 6rder after the words official capacit! insert the words orStatutor! Authorities etc.

@/.&. Act 3 of $,32.

9 . &ersons authorised to act for 1overnmentI &ersons eing ex officio or otherwise authorised to act forthe 1overnment in respect of an! Gudicial proceeding shall e deemed to e the recognised agents ! whomappearances act and applications under this Code ma! e made or done on ehalf of the 1overnment.

- . &laints in suits ! or against 1overnmentI (n suits ! or against the 1overnment instead of inserting inthe plaint the name and description and place of residence of the plaintiff or defendant it shall e sufficient toinsert the appropriate name as provided in section 3,.

4 . Agent for 1overnment to receive processI 0he 1overnment pleader in an! Court shall e the agent ofthe 1overnment for the purpose of receiving processes against the 1overnment issued ! such Court.

. :ixing of da! for appearance on ehalf of 1overnmentI 0he Court in fixing the da! for the 1overnmentto answer to the plaint shall allow a reasonale time for the necessar! communication with the 1overnmentthrough the proper channel and for the issue of instructions to the 1overnment pleader to appear andanswer on ehalf of the 1overnment and ma! extend the time at its discretion ut the time so extended shallnot exceed two months in the aggregate.

@-$3@A . 1overnment to e Goined as a part! in a suit against a pulic officerI Where a suit is institutedagainst a pulic officer for damages or other relief in respect of an! act alleged to have een done ! him inhis official capacit! the 1overnment shall e Goined as a part! to the suit.

= . 7ut! of Court in suits against the 1overnment or a pulic officer to assist in arriving at a settlementI >$?(n ever! suit or proceeding to which the 1overnment or a pulic officer acting in his official capacit! is apart! it shall e the dut! of the Court to maFe in the first instance ever! endeavour where it is possile todo so consistentl! with the nature and circumstances of the case to assist the parties in arriving at asettlement in respect of the suGect#matter of the suit.

>9? (f in an! such suit or proceeding at an! stage it appears to the Court that there is a reasonalepossiilit! of a settlement etween the parties the Court ma! adGourn the proceeding for such period as itthinFs fit to enale attempts to e made to effect such a settlement.

>-? 0he power conferred under su#rule >9? is in addition to an! other power of the Court to adGournproceedings.

2 . Attendance of person ale to answer Duestions relating to suit against 1overnmentI 0he Court ma! alsoin an! case in which the 1overnment pleader is not accompanied ! an! person on the part of the1overnment who ma! e ale to answer an! material Duestions relating to the suit direct the attendance ofsuch a person.

3 . Extension of time to enale pulic officer to maFe reference to 1overnmentI >$?Where the defended is apulic officer and on receiving the summons considers it proper to maFe a reference to the 1overnmentefore answering the plaint he ma! appl! to the Court to grant such extension of the time fixed in thesummons as ma! necessar! to enale him to maFe such reference and to receive orders thereon throughthe proper channel.

>9? /pon such application the Court shall extend the time for so long as appears to it to e necessar!.



% . &rocedure in suits against pulic officerI >$? Where the 1overnment undertaFes the defence of a suitagainst a pulic officer the 1overnment pleader upon eing furnished with authorit! to appear and answerthe plaint shall appl! to the Court and upon such application the Court shall cause a note of his authorit! toe entered in the register of civil suits.

>9? Where no application under su#rule >$? is made ! the 1overnment pleader on or efore the da! fixed inthe notice for the defendant to appear and answer the case shall proceed as in a suit etween privateparties"

&rovided that the defendant shall not e liale to arrest nor his propert! to attachment otherwise than inexecution of a decree.

S0A0E A)E*7)E*0S

/ttar &radesh.I After rule , as inserted ! Allahaad High Court insert the following"I

$<. Suits ! or against statutor! authorit!.I >$? An! authorit! or Corporation constituted ! or under an!law ma! from time to time appoint a Standing Counsel to e called Corporation pleader of that authorit! inan! district and give information of such appointment to the 7istrict Judge and to Registrar of the High Courtat Allahaad or at 'ucFnow =ench as the case ma! e.

>9? 0he Corporation pleader so appointed shall e the agent in that district of the appointing authorit! orCorporation for purposes of receiving processes against it ut shall not act or plead without filing a

vaFalatnama or memorandum of appearance.

@/.&. Act 3 of $,32 amended ! *otification dated $<.9.$,%$.

%A . *o securit! to e reDuired from 1overnment or a pulic officer in certain casesI *o such securit! as ismentioned in rules and 2 of 6rder 5'( shall e reDuired from the 1overnment or where the 1overnmenthas undertaFen the defence of the suit from an! pulic officer sued in respect of an act alleged to e done! him in his official capacit!.

%= . 7efinitions of 1overnment and 1overnment pleaderI (n this 6rder @unless otherwise expressl!provided 1overnment and 1overnment pleader mean respectivel!I

>a? in relation to an! suit ! or against the Central 1overnment or against a pulic officer in the service ofthat 1overnment the Central 1overnment and such pleader as that 1overnment ma! appoint whethergenerall! or speciall! for the purposes of this 6rder;

>c? in relation to an! suit ! or against a State 1overnment or against a pulic officer in the service of a Statethe State 1overnment and the 1overnment pleader as defined in clause >3? of section 9 or such otherpleader as the State 1overnment ma! appoint whether generall! or speciall! for the purposes of this 6rder.

6R7ER 558((A

S/(0S (*86'8(*1 A S/=S0A*0(A' M/ES0(6* 6: 'AW AS 06 0HER(*0ER&RE0A0(6* 6: 0HEC6*S0(0/0(6* @-$%@6R AS 06 0HER8A'(7(0+ 6: A*+ S0A0/06R+ (*S0R/)E*0

$ . *otice to the Attorne! 1eneral or the Advocate# 1eneralI (n an! suit in which it appears to the Court thatan! such Duestion as is referred to in clause >$? of Article $-9 read with Article $43 of the Constitution isinvolved the Court shall not proceed to determine that Duestion until after notice has een given to the

Attorne! 1eneral for (ndia if the Duestion of law concerns the Central 1overnment and to the Advocate#1eneral of the State if the Duestion of law concerns a State 1overnment.

@-$,@$A . &rocedure in suits involving validit! of an! statutor! instrumentI (n an! suit in which it appears tothe Court that an! Duestion as to the validit! of an! statutor! instrument not eing a Duestion of the naturementioned in rule $ is involved the Court shall not proceed to determine that Duestion except after givingnoticeI

>a? to the 1overnment pleader if the Duestion concerns the 1overnment or

>? to the authorit! which issued the statutor! instrument if the Duestion concerns an authorit! other than1overnment.





>a? on the secretar! or on an! director or other principal officer of the corporation or

>? ! leaving it or sending it ! post addressed to the corporation at the registered office or if there is noregistered office then at the place where the corporation carries on usiness.

S0A0E A)E*7)E*0S

/ttar &radeshI (n its application to the State of /ttar &radesh in 6rder 55(5 rule 9 insert the followingafter clause >a?"I

>aa? on its corporation pleader in the district where the Court issuing summons is located if one has eenappointed and the appointment has een notified to the 7istrict Judge under rule $< of 6rder 558(( or.

@/.&. Act 3 of $,32.

- . &ower to reDuire personal attendance of officer of corporationI 0he Court ma! at an! stage of the suitreDuire the personal appearance of the secretar! or of an! director or other principal officer of thecorporation who ma! e ale to answer material Duestions relating to the suit.

ORDER )))& S'ITS B% OR AAINST +IR$S AND PERSONS CARR%IN ON B'SINESS IN NA$ESOT-ER T-AN T-EIR ON

$ . Suing of partners in name of firmI >$? An! two or more persons claiming or eing liale as partners andcarr!ing on usiness in (ndia ma! sue or e sued in the name of the firm >if an!? of which such persons were

partners at the time of the accruing of the cause of action and an! part! to a suit ma! in such case appl! tothe Court for a statement of the names and addresses of the persons who were at the time of the accruingof the cause of action partners in such firm to e furnished and verified in such manner as the Court ma!direct.

>9? Where persons sue or are sued partners in the name of their firm under su#rule >$? it shall in the caseof an! pleading or other document reDuired ! or under this Code to e signed verified or certified ! theplaintiff or the defendant suffice such pleading or other document is signed verified or certified ! an! one of such persons.

9 . 7isclosure of partnersK namesI >$? Where a suit is instituted ! partners in the name of their firm theplaintiffs or their pleader shall on demanding writing ! or on ehalf of an! defendant forthwith declare inwriting the names and places of residence of all the persons constituting the firm on whose ehalf the suit isinstituted.

>9? Where the plaintiffs or their pleader fail to compl! with an! demand made under su#rule >$? allproceedings in the suit ma! upon an application for that purpose e sta!ed upon such terms as the Courtma! direct.

>-? Where the names of the partners are declared in the manner referred to in su#rule >$? the suit shallproceed in the same manner and the same conseDuences in all respects shall follow as if the! had eennamed as plaintiffs in the plaint"

@-9- @&rovided that all proceedings shall nevertheless continue in the name of the firm ut the name of thepartners disclosed in the manner specified in su#rule >$? shall e entered in the decree.

- . ServiceI Where persons are sued as partners in the name of their firm the summons shall e servedeitherI

>a? upon an! one or more of the partners or

>? at the principal place at which the partnership usiness is carried on within (ndia upon an! person havingat the time of service the control or management or the partnership usiness there

as the Court ma! direct; and such service shall e deemed good service upon the firm so sued whether allor an! of the partners are within or without (ndia"

&rovided that in the case of a partnership which has een dissolved to the Fnowledge of the plaintiff eforethe institution of the suit the summons shall e served upon ever! person within (ndia whom it is sought tomaFe liale.



4 . Rights of suit on death of partnerI >$? *otwithstanding an!thing contained in section 4 of the (ndianContract Act $%39 >, of $%39? where two or more persons ma! sue or e sued in the name of a firm underthe foregoing provisions and an! of such persons dies whether efore the institution or during the pendenc!of an! suit it shall not e necessar! to Goin the legal representative of the deceased as a part! to the suit.

>9? *othing in su#rule >$? shall limit or otherwise effect an! right which the legal representative of thedeceased ma! haveI

>a? to appl! to e made a part! to the suit or >? to enforce an! claim against the survivor or survivors.

. *otice in what capacit! servedI Where a summons is issued to a firm and is served in the mannerprovided ! rule - ever! person upon whom it is served shall e informed ! notice in writing given at thetime of such service whether he is served as a partner or as a person having the control or management ofthe partnership usiness or in oth characters and in default of such notice the person served shall edeemed to e served as a partner.

2 . Appearance of partnersI Where persons are sued as partners in the name of their firm the! shall appear individuall! in their own names ut all suseDuent proceedings shall nevertheless continue in the name ofthe firm.

3 . *o appearance except ! partnersI Where a summons is served in the manner provided ! rule - upon

a person having the control or management of the partnership usiness no appearance ! him shall enecessar! unless he is a partner of the firm sued.

@-94@% . Appearance under protestI >$? An! person served with summons as a partner under rule - ma!enter an appearance under protest den!ing that he was a partner at an material time.

>9? 6n such appearance eing made either the plaintiff or the person entering the appearance ma! at an!time efore the date fixed for hearing and final disposal of the suit appl! to the Court for determinig whetherthat person was a partner of the firm and liale as such.

>-? (f on such application the Court holds that he was a partner at the material time that shall not precludethe person from filing a defence den!ing the liailit! of the firm in respect of the claim against the defendant.

>4? (f the Court however holds that such person was not a partner of the f irm and was not liale as such thatshall not preclude the plaintiff from otherwise serving a summons on the firm and proceeding with the suit;

ut in that event the plaintiff shall e precluded from alleging the laiilit! of that person as a partner of thefirm in execution of an! decree that ma! e passed against the firm.

, . Suits etween co#partnersI 0his 6rder shall appl! to suits etween a firm and one or more of thepartners therein and to suits etween firms having one or more partners in common; ut not execution shalle issued in such suits except ! leave of the Court and on an application for leave to issue such executionall such accounts and inDuiries ma! e directed to e taFen and made and directions given as ma! e Gust.

@-9@$< . Suit against person carr!ing on usiness in name other than his ownI An! person carr!ing onusiness in a name or st!le other than his own name or a Hindu undivided famil! carr!ing on usiness under an! name ma! e sued in such name or st!le as if it were a firm name and in so far as the nature of suchcase permits all rules under this 6rder shall appl! accordingl!.

ORDER )))I&S'ITS B% OR AAINST TR'STEES, E)EC'TORS AND AD$INISTRATORS

$ . Representation of eneficiaries in suits concerning propert! vested in trustees etc.I (n all suitsconcerning propert! vested in a trustee executor or administrator where the contention is etween thepersons eneficiall! interested in such propert! and a third person the trustee; executor or Administator shallrepresent the persons so interested and it shall not ordinaril! e necessar! to maFe them parties to the suit.=ut the Court ma! if it thinFs fit order them or an! of them to e made parties.

9 . Joinder of trustee executors and administratorsI Where there are several trustees executors oradministrators the! shall all e made parties to a suit against one or more of them"

&rovided that the executors who have not proved their testatorKs will and trustees executors andadministrators outside (ndia need not e made parties.



- . Husand of married executrix not to GoinI /nless the Court directs otherwise the husand of a marriedtrustee administratrix or executrix shall not as such e a part! to a suit ! or against her.

6R7ER 555((

S/(0S =+ 6R A1A(*S0 )(*6RS A*7 &ERS6*S 6: /*S6/*7 )(*7

$ . )inor to sue ! next friendI Ever! suit ! a minor shall e instituted in his name ! a person who in suchshall e called the next friend of the minor.

@-92ExplanationI(n this 6rder minor means a person who has not attained his maGorit! within themeaning of section - of the (ndian )aGorit! Act $%3 >, of $%3? where the suit relates to an! of the mattersmentioned in clauses >a? and >? of section 9 of that Act or to an! other matter.

9 . Where suit is instituted without next friend plaint to e taFen off the fileI >$? Where a suit is instituted !or on ehalf of a minor without a next friend the defendant ma! appl! to have the plaint taFen off the filewith costs to e paid ! the pleader or other person ! whom it was presented.

>9? *otice of such application shall e given to such person and the Court after hearing his oGections >ifan!? ma! maFe such order in the matter as it thinFs fit.

@-93@9A . Securit! to e furnished ! next friend when so orderedI >$? Where a suit has een instituted onehalf of the minor ! his next friend the Court ma! at an! stage of the suit either of its own motion or onthe application of an! defendant and for the reasons to e recorded order the next friend to give securit! forthe pa!ment of all costs incurred or liFel! to e incurred ! the defendant.

>9? Where such a suit is instituted ! an indigent person the securit! shall include the court#fees pa!ale tothe 1overnment.

>-? 0he provisions of rule 9 of 6rder 558 shall so far as ma! e appl! to a suit where the Court maFes anorder under this rule directing securit! to e furnished.

- . 1uardian for the suit to e appointed ! Court for minor defendantI >$? Where the defendant is a minorthe Court on eing satisfied of the fact of his minorit! shall appoint a proper person to e guardian for thesuit for such minor.

>9? An order for the appointment of a guardian for the suit ma! e otained upon application in the name andon ehalf of the minor or ! the plaintiff.

>-? Such application shall e supported ! an affidavit verif!ing the fact that the proposed guardian has nointerest in the matters in controvers! in the suit adverse to that of the minor and that he is a fit person to eso appointed.

>4? 6rder shall e made on an! application under this rule except upon notice to an! @-9% to an! guardianof the minor appointed or declared ! an authorit! competent in that ehalf or where there is no suchguardian @-9,@upon notice to the father or where there is no father to the mother or where there is no father or mother to other natural guardian of the minor or where there is @--<@no father mother or other naturalguardian to the person in whose care the minor is and after hearing an! oGection which ma! e urged onehalf of an! person served with notice under this su#rule.

@--$@>4A? 0he Court ma! in an! case if it thinFs fit issue notice under su#rule >4? to the minor also.

>? A person appointed under su#rule >$? to e guardian for the suit for a minor shall unless his appointment

is terminated ! retirement removal or death continue as such throughout all proceedings arising out of thesuit including proceedings in an! Appellate or Revisional Court and an! proceedings in the execution of adecree.

@--9@-A . 7ecree against minor to e set aside unless preGudice has een caused to his interestsI >$? *odecree passed against a minor shall e set aside merel! on the ground that the next friend or guardian forthe suit of the minor had an interest in the suGect#matter of the suit adverse to that of the minor ut the factthat ! reasons of such adverse interest of the next friend of guardian for the suit preGudice has een causedto the interests of the minor shall e a ground for setting aside the decree.



>9? *othing in this rule shall preclude the minor from otaining an! relief availale under an! law ! reason of the misconduct or gross negligence on the part of the next friend or guardian for the suit resulting in preGudiceto the interests of the minor.

4 . Who ma! act as next friend or e appointed guardian for the suitI >$? An! person who is of sound mindand has attained maGorit! ma! act as next friend of a minor or as his guardian for the suit"

&rovided that the interest of such person is not adverse to that of the minor and that he is not in the case of

a next friend a defendant or in the case of a guardian for the suit a plaintiff.>9? Where a minor has a guardian appointed or declared ! competent authorit! no person other than suchguardian shall act as the next friend of the minor or e appointed his guardian for the suit unless the Courtconsiders for reasons to e recorded that it is for the minorKs welfare that another person e permitted to actor e appointed as the case ma! e.

>-? *o person shall without his consent @---@in writing e appointed guardian for the suit.

>4? Where there is no other person fit and willing to act as guardian for the suit for Court ma! appoint an! ofits officers to e such guardian and ma! direct that the costs to e incurred ! such officer in theperformance of his duties as such guardian shall e orne either ! the parties or ! an! one or more of theparties to the suit or out of an! fund in Court in which the minor is interested @--4@or out of the propert! ofthe minor and ma! give directions for the repa!ment or allowance of such costs as Gustice and thecircumstances of the case ma! reDuire.

. Representation of minor ! next friend or guardian for the suitI >$? Ever! application to the Court onehalf of a minor other than an application under rule $< su#rule >9? shall e made ! his next friend or !his guardian for the suit.

>9? Ever! order made in a suit or on an! application efore the Court in or ! which a minor is in an! wa!concerned or affected without such minor eing represented ! a next friend or guardian for the suit as thecase ma! e ma! e discharged and where the pleader of the part! at whose instance such order wasotained Fnew or might reasonal! have Fnown the fact of such minorit! with costs to e paid ! suchpleader.

2 . Receipt ! next friend or guardian for the suit of propert! under decree for minorI >$? A next friend orguardian for the suit shall not without the leave of the Court receive an! mone! or other movale propert!on ehalf of a minor eitherI

>a? ! wa! of compromise efore decree or order or

>? under a decree or order in favour of the minor.

>9? Where the next friend or guardian for the suit has not een appointed or declared ! competent authorit!to e guardian of the propert! of the minor or having een so appointed or declared is under an! disailit!Fnown to the Court to receive the mone! or other movale propert! the Court shall if it grants him leave toreceive the propert! reDuire such securit! and give such directions as will in its opinion sufficientl! protectthe propert! from waste and ensure its proper application"

@--@&rovided that the Court ma! for reasons to e recorded dispense with such securit! while grantingleave to the next friend or guardian for the suit to receive mone! or other movale propert! under a decree or order where such next friend or guardianI

>a? is the manager of a Hindu undivided famil! and the decree or order relates to the propert! or usiness ofthe famil!; or

>? is the parent of the minor.

3 . Agreement or compromise ! next friend or guardian for the suitI >$? *o next friend or guardian for thesuit shall without the leave of the Court expressl! recorded in the proceedings enter into an! agreement orcompromise on ehalf of a minor with reference to the suit in which he acts as next friend or guardian.

@--2@>$A? An application for leave under su#rule >$? shall e accompanied ! an affidavit of the next friendof the guardian for the suit as the case ma! e and also if the minor is represented ! a pleader ! thecertificate of the pleader to the effect that the agreement or compromise proposed is in his opinion for theenefit of the minor"



&rovided that the opinion so expressed whether in the affidavit or in the certificate shall not preclude theCourt from examining whether the agreement or compromise proposed is for the enefit of the minor.

>9? An! such agreement or compromise entered into without the leave of the Court so recorded shall evoidale against all parties other than the minor.

% . Retirement of next friendI >$? /nless otherwise ordered ! the Court a next friend shall not retire withoutfirst procuring a fit person to e put in his place and giving securit! for the costs alread! incurred.

>9? 0he application for the appointment of a new next friend shall e supported ! an affidavit showing thefitness of the person proposed and also that he has no interest adverse to that of the minor.

, . Removal of next friendI >$?Where the interest of the next friend of a minor is adverse to that of the minoror where he is so connected with a defendant whose interest is adverse to that of the minor as to maFe itunliFel! that the minorKs interest will e properl! protected ! him or where he does not do his dut! or duringthe pendenc! of the suit ceases to reside within (ndia or for an! other sufficient cause application ma! emade on ehalf of the minor or ! a defendant for his removal; and the Court if satisfied of the sufficienc! ofthe cause assigned ma! order the next friend to e removed accordingl! and maFe such other order as tocosts as it thinFs fit.

>9? Where the next friend is not a guardian appointed or declared ! an authorit! competent in this ehalfand an application is made ! a guardian so appointed or declared who desires to e himself appointed inthe place of the next friend the Court shall remove that next friend unless it considers for reasons to e

recorded ! it that the guardian ought not to e appointed the next friend of the minor and shall thereuponappoint the applicant to e next friend in his place upon such terms as to the costs alread! incurred in thesuit as it thinFs fit.

$< . Sta! of proceedings on removal etc. of next friendI >$? 6n the retirement removal or death of the nextfriend of a minor further proceedings shall e sta!ed until the appointment of a next friend in his place.

>9? Where the pleader of such minor omits within a reasonale time to taFe steps to get a new friendappointed an! person interested in the minor or in the matter in issue ma! appl! to the Court for theappointment of one and the Court ma! appoint such person as it thinFs fit.

$$ . Retirement removal or death of guardian for the suitI >$? Where the guardian for the suit desire to retireor does not do his dut! or where there sufficient ground is made to appear the Court ma! permit suchguardian to retire or ma! remove him and ma! maFe such order as to costs as it thinFs fit.

>9? Where the guardian for the suit retires dies or is removed ! the Court during the pendenc! of the suitthe Court shall appoint a new guardian in his place.

$9 . Course to e followed ! minor plaintiff or applicant on attaining maGorit!I >$? A minor plaintiff or a minor not a part! to a suit on whose ehalf an application is pending shall on attaining maGorit! elect whether hewill proceed with the suit or application.

>9? Where he elects to proceed with the suit or application he shall appl! for an order discharging the nextfriend and for leave to proceed in his own name.

>-? 0he title of the suit or application shall in such case e corrected so as to read henceforth thus"

A.=. late a minor ! C.7. his next friend ut now having attained maGorit!.

>4? Where he elects to aandon the suit or application he shall if a sole plaintiff or sole applicant appl! foran order to dismiss the suit or application on repa!ment of the costs incurred ! the defendant or oppositepart! or which ma! have een paid ! his next friend.

>? An! application under this rule ma! e made ex parte ut no order discharging a next friend andpermitting a minor plaintiff to proceed in his own name shall e made without notice to the next friend.

$- . Where minor co#plaintiff attaining maGorit! desires to repudiate suitI >$? Where a minor co#plaintiff onattaining maGorit! desires to repudiate the suit he shall appl! to have his name strucF out as co#plaintiff; andthe Court if it finds that he is not a necessar! part! shall dismiss him from the suit on such terms as to costsor otherwise as it thinFs fit.

>9? *otice of the application shall e served on the next friend on an! co#plaintiff and on the defendant.



>-? 0he costs of all parties of such application and of all or an! proceedings therefore had in the suit shall epaid ! such persons as the Court directs.

>4? Where the applicant is a necessar! part! to the suit the Court ma! direct him to e made a defendant.

$4 . /nreasonale or improper suitI >$? A minor on attaining maGorit! ma! if a sole plaintiff appl! that a suitinstituted in his name ! his next friend e dismissed on the ground that it was unreasonale or improper.

>9? *otice of the application shall e served on all the parties concerned; and the Court upon eing satisfied

of such unreasonaleness or impropriet! grant the application and order the next friend to pa! the costs ofall parties in respect of the application and of an!thing done in the suit or maFe such other order as it thinFsfit.

@--3@$ . Rules $ to $4 >except rule 9A? to appl! to persons of unsound mindI Rules $ to $4 >except rule9A? shall so far as ma! e appl! to persons adGudged efore or during the pendenc! of the suit to e ofunsound mind and shall also appl! to persons who though not so adGudged are found ! the Court onenDuir! to e incapale ! reason of an! mental infirmit! or protecting their interest when suing or eingsued.

@--% @$2 . SavingsI >$? *othing contained in this 6rder shall appl! to the Ruler of a foreign State suing oreing sued in the name of his State or eing sued ! the direction of the Central 1overnment in the name of an agent or in an! other name.

>9? *othing contained in this 6rder shall construed as affecting or in an! wa! derogating from the provisionsof an! local law for the time eing in force relating to suits ! or against minors or ! against lunatics or other persons of unsound mind.

Order )))II A i56 7 Sec 80 7 Act No 10 of 194 (:ef 1944"

;;92ORDER )))IIA&S'ITS RE#ATIN TO $ATTERS CONCERNIN T-E +A$I#%

$ . Application of the 6rderI >$? 0he provision of this 6rder shall appl! to suits or proceedings relating tomatters concerning the famil!.

>9? (n particular and without preGudice to the generalit! of the provisions of su#rule >$? the provisions of this6rder shall appl! to the following suits or proceedings concerning the famil! namel!"I

>a? a suit or proceeding for matrimonial relief including a suit or proceeding for declaration as to the validit!

of a marriage or as to the matrimonial status of an! person;

>? a suit or proceeding for a declaration as to legitimac! of an! person;

>c? a suit or proceeding in relation to the guardianship of the person or the custod! of an! minor or othermemer of the famil! under a disailit!;

>d? a suit or proceeding for maintenance;

>e? a suit or proceeding as to the validit! or effect of an adoption;

>f? a suit or proceeding instituted ! a memer of the famil! relating to wills intestac! and succession;

>g? a suit or proceeding relating to an! other matter concerning the famil! in respect of which the parties aresuGect to their personal law.

>-? So much of this 6rder as relates to a matter provided for ! a special law in respect of an! suit orproceeding shall not appl! to that suit or proceeding.

9 . &roceedings to e held in cameraI (n ever! suit or proceeding to which this 6rder applies theproceeding ma! e held in camera if the Court so desires and shall e so held if either part! so desires.

- . 7ut! of Court to maFe efforts for settlementI >$? (n ever! suit or proceeding to which this 6rder appliesan endeavour shall e made ! the Court in the f irst instance where it is possile to do so consistent withthe nature and circumstances of the case to assist the parties in arriving at a settlement in respect of thesuGect#matter of the suit.



>9? (f in an! such suit or proceeding at an! stage it appears to the Court that there is a reasonale possiilit!of a settlement etween the parties the Court ma! adGourn the proceeding for such period as it thinFs fit toenale attempts to e made to effect such a settlement.

>-? 0he power conferred ! su#rule >9? shall e in addition to and not in derogation of an! other power ofthe Court to adGourn the proceedings.

4 . Assistance of welfare expertI (n ever! suit or proceeding to which this 6rder applies it shall e open to

the Court to secure the services of such person >preferal! a woman where availale? whether related to theparties or not including a person professionall! engaged in promoting the welfare of the famil! as the Courtma! thinF fit for the purpose of assisting the Court in discharging the functions imposed ! rule - or this6rder.

. 7ut! to inDuire into factsI (n ever! suit or proceeding to which this 6rder applies it shall e the dut! ofthe Court to inDuire so far is reasonal! can into the facts alleged ! the plaintiff and into an! facts alleged! the defendant.

2 . :amil!Imeaning ofI :or the purposes of this 6rder each of the following shall e treated asconstituting a famil! namel!"I

>a? >i? a man and his wife living together

>ii? an! child or children eing issue or theirs; or of such man or such wife

>iii? an! child or children eing maintained ! such man or wife;

>? a man not having a wife or not living together with his wife an! child or children eing issue of his andan! child or children eing maintained ! him;

>c? a woman not having a husand or not living together with her husand an! child or children eing issueof hers and an! child or children eing maintained ! her;

>d? a man or woman and his or her rother sister ancestor or lineal descendant living with him or her; and

>e? an! comination of one or more of the groups specified in clause >a? clause >? clause >c? or clause >d?of this rule.

ExplanationI:or the avoidance of douts it is here! declared that the provisions of rule 2 shall e withoutan! preGudice to the concept of famil! in an! personal law or in an! other law for the time eing in force.

ORDER )))III& ;02 S'ITS B% INDIENT PERSONS2

$ . Suits ma! e instituted ! indigent personI SuGect to the following provisions an! suit ma! e instituted! an @-4$ @indigent person.

@-49 @Explanation (IA person is an indigent personI

>a? if he is not possessed of sufficient means >other than propert! exempt from attachment in execution of adecree and the suGect#matter of the suit? to enale him to pa! the fee prescried ! law for the plaint in suchsuit or

>? where no such fee is prescried if he is not entitled to propert! worth one thousand rupees other than thepropert! exempt from attachment in execution of a decree and the suGect#matter of the suit.

Explanation ((IAn! propert! which is acDuired ! a person after the presentation of his application forpermission to sue as an indigent person and efore the decision of the application shall e taFen intoaccount in considering the Duestion whether or not the applicant is an indigent person.

Explanation ((IWhere the plaintiff sued in a representative capacit! the Duestion whether he is an indigentperson shall e determined with reference to the means possessed ! him in such capacit!.

@-4-@$A . (nDuir! into the means of an indigent personI Ever! inDuir! into the Duestion whether or not aperson is an indigent person shall e made in the first instance ! the chief ministerial officer of the Courtunless the Court otherwise directs and the Court ma! adopt the report of such officer as its own finding orma! itself maFe an inDuir! into the Duestion.





% . &rocedure if application admittedI Where the application is granted it shall e numered and registeredand shall e deemed the plaint in the suit and the suit proceed in all other respects as a suit instituted in theordinar! manner except that the plaintiff shall not e liale to pa! an! court#fee @-@or fees pa!ale forservice of process in respect of an! petition appointment of a pleader or other proceeding connected withthe suit.

, . Withdrawal of permission to sue as an indigent personI 0he Court ma! on the application of thedefendant or of the 1overnment pleader of which seven da!sK clear notice in writing has een given to the

plaintiff order that the permission granted to the plaintiff to sue as an indigent person e withdrawnI

>a? if he is guilt! of vexatious or improper conduct in the course of the suit;

>? if it appears that his means are such that he ought not to continue to sue as @-2 @an indigent person; or

>c? if he has entered into an! agreement with reference to the suGect#matter of the suit under which an!other person has otained an interested in such suGect#matter.

@-3@,A . Court to assign a pleader to an unrepresented indigent personI >$? Where a person who ispermitted to sue as an indigent person is not represented ! a pleader the Court ma! if the circumstancesof the case so reDuire assign a pleader to him.

>9? 0he High Court ma! with the previous approval of the State 1overnment maFe rules providing forI

>a? the mode of selecting pleaders to e assigned under su#rule >$?;

>? the facilities to e provided to such pleaders ! the Court;

>c? an! other matter which is reDuired to e or ma! e provided ! the rules for giving effect to the provisionsof su#rule >$?.

$< . Costs were indigent person succeedsI Where the plaintiff succeeds in the suit the Court shall calculatethe amount of court#fees which would have een paid ! the plaintiff if he had not een permitted to sue asan @-%@indigent person; such amount shall e recoverale ! the State 1overnment an! part! order ! thedecree to pa! the same and shall e a first charge on the suGect#matter of the suit.

$$ . &rocedure where indigent person failsI Where the plaintiff fails in the suit or the permission granted tohim to sue as an indigent person has een withdrawn or where the suit is withdrawn or dismissedI

>a? ecause the summons for the defendant to appear and answer has not een served upon him inconseDuence of the failure of the plaintiff to pa! the court#fee or postal charges >if an!? chargeale for suchservice @-,@or to present copies of the plaint or concise statement or

>? ecause the plaintiff does not appear when the suit is called on for hearing

the Court shall order the plaintiff or an! person added as a co#plaintiff to the suit to pa! the court#fees whichwould have een paid ! the plaintiff if he had not een permitted to sue as an @-2<@indigent person.

$$A . &rocedure where indigent persons suit aatesI Where the suit aates ! reason of the death of theplaintiff or of an! person added as a co#plaintiff the Court shall order that amount of court#fees which wouldhave een paid ! the plaintiff if he had not een permitted to sue as an @-2$@indigent person shall erecoverale ! the State 1overnment from the estate of the deceased plaintiff.

$9 . State 1overnment ma! appl! for pa!ment of court#feesI 0he State 1overnment shall have the right at

an! time to appl! to the Court to maFe an order for the pa!ment of court#fees under rule $< rule $$ or rule$$A.

$- . State 1overnment to e deemed a part!I All matters arising etween the State 1overnment and an!part! to the suit under rule $< rule $$ rule $$A or rule $9 shall e deemed to e Duestions arising etweenthe parties to the suit within the meaning of section 43.

$4 . Recover! of amount of court#fees.I Where an order is made under rule $< rule $$ or rule $$A thecourt shall forthwith cause a cop! of the decree or order to e forwarded to the Collector who ma! withoutpreGudice to an! other mode of recover! recover the amount of court#fees specified therein from the personor propert! liale for the pa!ment as if it were an arrear of land revenue.



$ . Refusal to allow applicant to sue as indigent person to ar suseDuent application of liFe natureI Anorder refusing to allow the applicant top sue as @-29 @indigent person shall e a ar to an! suseDuentapplication of the liFe nature ! him in respect of the same right to sue; ut the applicant shall e at liert! toinstitute a suit in the ordinar! manner in respect of such right; @-2-@&rovided that the plaint shall e reGectedif he does not pa! either at the time of the institution of the suit or within such time thereafter as the Courtma! allow the costs >if an!? incurred ! the State 1overnment and ! the opposite part! in opposing hisapplication for leave to sue as an @-24@indigent person.

@-2@$A . 1rant of time for pa!ment of court#feeI *othing contained in rule rule 3 or rule $ shallprevent a Court while reGecting an application under rule or refusing an application under rule 3 fromgranting time to the applicant to pa! the reDuisite court#fee within such time as ma! e fixed ! the Court orextended ! it from time to time; and upon such pa!ment and on pa!ment of the costs referred to in@$rule $ with in that time the suit shall e deemed to have een instituted on the date on which the applicationfor permission to sue as an indigent person was presented.

$2 . CostsI 0he costs of an application for permission to sue as an @-22@indigent person and of an inDuir!into indigenc! shall e costs in the suit.

@-23@$3 . 7efence ! an indigent personI An! defendant who desire to plead a set#off or counter#claimma! e allowed to set up such claim as an indigent person and the rules contained in this 6rder shall so faras ma! e appl! to him as if he were a plaintiff and his written statement were a plaint.

$% . &ower of 1overnment to provide for free legal services to indigent personsI >$? SuGect to theprovisions of this 6rder the Central or State 1overnment ma! maFe such supplementar! provisions as itthinFs fit for providing free legal services to those who have een permitted to sue as indigent persons.

>9? 0he High Court ma! with previous approval of the State 1overnment maFe rules for carr!ing out thesupplementar! provisions made ! the Central or State 1overnment for providing free legal services toindigent persons referred to in su#rule >$? and such rules ma! include the nature and extent of such legalservices the conditions under which the! ma! e made availale the matters in respect of which and theagencies through which such services ma! e rendered.

ORDER )))I*&S'ITS RE#ATIN TO $ORTAES O+ I$$O*AB#E PROPERT%

$ . &arties to suits for foreclosure sale and redemptionI SuGect to the provisions of this Code all personshaving an interest either in the mortgage#securit! or in the right of redemption shall e Goined as parties toan! suit relating to the mortgage.

ExplanationIA puisne mortgagee ma! sue for foreclosure or for sale without maFing the prior mortgagee apart! to the suit; and a prior mortgage need not e Goined in a suit to redeem a suseDuent mortgage.

9 . &reliminar! decree in foreclosure suitI >$? (n a suit for foreclosure if the plaintiff succeeds the Courtshall pass a preliminar! decreeI

>a? ordering that an account e taFen of what was due to the plaintiff at the date of such decree forI

>i? principal and interest on the mortgage

>ii? the costs of suit if an! awarded to him and

>iii? other costs charges and expenses properl! incurred ! him up to that date in respect of his mortgage#securit! together with interest thereon; or

>? declaring the mount so due at that date and

>c? directingI

>i? that if the defendant pa!s into Court the amount so found or declared due on or efore such date as theCourt ma! fix within six months from the date on which the Court confirms and countersigns the accounttaFen under clause >a? or from the date on which such amount is declared in Court under clause >? as thecase ma! e and thereafter pa!s such amount as ma! e adGudged due in respect of suseDuent costscharges and expenses as provided in rule $< together with suseDuent interest on such sums respectivel!as provided in rule $$ the plaintiff shall deliver up to the defendant or to such person as the defendantappoints all documents in his possession or power relating to the mortgaged propert! and shall if soreDuired re#transfer the propert! to the defendant at his cost free from the mortgage and from all



incumrances created ! the plaintiff or an! person claiming under him or where the plaintiff claims !derived title ! those under whom he claims and shall also if necessar! put the defendant in possession of the propert!; and

>ii? that if pa!ment of the amount found or declared due under or ! the preliminar! decree is not made on or efore the date so fixed or the defendant fails to pa! within such time as the Court ma! fix the amountadGudged due in respect of suseDuent costs charges expenses and interest the plaintiff shall e entitled toappl! for a final decree dearring the defendant from all right to redeem the propert!.

>9? 0he Court ma! on good cause shown and upon terms to e fixed ! the Court from time to time at an!time efore a final decree is passed extend the time fixed for the pa!ment of the amount found or declareddue under su#rule >$? or of the amount adGudged due in respect of suseDuent costs charges expensesand interest.

>-? Where in a suit for foreclosure suseDuent mortgagees or persons deriving title from or surogated tothe rights of an! such mortgagees are Goined as parties the preliminar! decree shall provide for theadGudication of the respective rights and liailities of the parties to the suit in the manner and form set forth in:orm *o. , or :orm *o. $< as the case ma! e of Appendix 7 with such variations as the circumstances ofthe case ma! reDuire.

- . :inal decree in foreclosure suitI >$? Where efore a final decree dearring the defendant from all right toredeem the mortgaged propert! has een passed the defendant maFes pa!ment into Court of all amounts

due from him under su#rule >$? of rule 9 the Court shall on application made ! the defendant in thisehalf pass a final decreeI

>a? ordering the plaintiff to deliver up the documents referred to in the preliminar! decree and if necessar!I

>? ordering him to re#transfer at the cost or the defendant the mortgaged propert! as directed in the saiddecree

and also if necesssar!I

>c? ordering him to put the defendant in possession of the propert!.

>9? Where pa!ment in accordance with su#rule >$? has not een made the Court shall on application made! the plaintiff in his ehalf pass a final decree declaring that the defendant and all persons claiming throughor under him or dearred from all right to redeem the mortgaged propert! and also if necessar! ordering the

defendant to put the plaintiff in possession of the propert!.>-? 6n the passing of a final decree under su#rule >9? all liailities to which the defendant is suGect inrespect of the mortgage or on account of the suit shall e deemed to have een discharged.

4 . &reliminar! decree in suit for saleI >$? (n a suit for sale if the plaintiff succeeds the Court shall pass apreliminar! decree to the effect mentioned in clauses >a? >? and >c? >i? of su#rule >$? of rule 9 and furtherdirecting that in default of the defendant pa!ing as therein mentioned the plaintiff shall e entitled to appl!for a final decree directing that the mortgaged propert! or a sufficient part thereof e sold and the proceedsof the sale >after deduction therefrom of the expenses of the sale? e paid into Court and applied in pa!mentof what has een found or declared under or ! the preliminar! decree due to the plaintiff together with suchamount as ma! have een adGudged due in respect of suseDuent costs charges expenses and interestand the alance if an! e paid to the defendant or other persons entitled to receive the same.

>9? 0he Court ma! on good cause shown and upon terms to e fixed ! the Court from time to time at an!

an! time efore a final decree for sale is passed extend the time fixed for the pa!ment of the amount foundor declared due under su#rule >$? or of the amount adGudged due in respect of suseDuent costs chargesexpenses and interest.

>-? &ower to decree sale in foreclosure suitI(n a suit for foreclosure in the case of an anomalous mortgageif the plaintiff succeeds the Court ma! at the instance of an! part! to the suit or of an! other personinterested in all mortgage#securit! or the right of redemption pass a liFe decree >in lieu of a decree forforeclosure? on such terms as it thinFs fit including the deposit in Court of a reasonale sum fixed ! theCourt to meet the expenses of the sale and to secure the performance of the terms.

>4? Where in a suit for sale or a suit for foreclosure in which sale is ordered suseDuent mortgagees orpersons deriving title from or surogated to the rights of an! such mortgagees are Goined as parties the



preliminar! decree referred to in su#rule >$? shall provide for the adGudication of the respective rights andliailities of the parties to the suit in the manner and form set forth in :orm *o. , :orm *o. $< or :orm *o.$$ as the case ma! e of Appendix 7 with such variations as the circumstances of the case ma! reDuire.

. :inal decree in suit for saleI >$? Where on or efore the da! fixed or at an! time efore the confirmationof a sale made in pursuance of a f inal decree passed under su#rule >-? of this rule the defendant maFespa!ment into Court of all amounts due from him under su#rule >$? of rule 4 the Court shall on applicationmade ! the defendant in this ehalf pass final or if such decree has passed an orderI

>a? ordering the plaintiff to deliver up the documents referred to in the preliminar! decree

and if necessar!I

>? ordering him to transfer the mortgaged propert! as directed in the said decree

and also if necessar!I

>c? ordering him to put the defendant in possession of the propert!.

>9? Where the mortgaged propert! or part thereof has een sold in pursuance of a decree passed under su#rule >-? of this rule the Court shall not pass an order under su#rule >$? of this rule unless the defendant inaddition to the amount mentioned in su#rule >$? deposits in Court for pa!ment to the purchaser a sum eDualto five per cent of the amount of the purchase#mone! paid into Court ! the purchaser.

Where such deposit has een made the purchaser shall e entitled to an order for repa!ment of the amountof the purchase#mone! paid into Court ! him together with a sum eDual to five per cent thereof.

>-? Where pa!ment in accordance with su#rule >$? has not een made the Court shall on application made! the plaintiff in this ehalf pass a final decree directing that the mortgaged propert! or a sufficient partthereof e sold and that the proceeds of the sale e dealt with in the manner provided in su#rule >$? of rule4.

2 . Recover! of alance due on mortgage in suit for saleI Where the net proceeds of an! sale held under@-2%@rule are found insufficient to pa! the amount due to the plaintiff the Court on application ! him ma!if the alance is legall! recoverale from the defendant otherwise than out of the propert! sold pass adecree for such alance.

3 . &reliminar! decree is redemption suitI >$? (n a suit for redemption if the plaintiff succeeds the Court

shall pass a preliminar! decreeI

>a? ordering that an account e taFen of what was due to the defendant at the date of such decree forI

>i? principal and interest on the mortgage

>ii? the costs of suit if an! awarded to him and

>iii? other costs charges and expenses properl! incurred ! him up to the date in respect of his mortgage#securit! together with interest thereon; or

>? declaring the amount so at that date; and

>c? directingI

>i? that if the plaintiff pa!s into Court the amount so found or declared due on or efore such date as the

Court ma! fix within six months from the date on which the Court confirms and countersigns the accounttaFen under clause >a? or from the date on which such amount is declared in Court under clause >? as thecase ma! e and thereafter pa!s such amount as ma! e adGudged due in respect of suseDuent costscharges and expenses and provided in rule $< together with suseDuent interest on such sums respectivel!as provided in rule $$ the defendant shall deliver up to the plaintiff or to such person as the plaintiff appointsall documents in his possession or power relating to the mortgaged propert! and shall if so reDuiredretransfer the propert! to the plaintiff at his cost free from the mortgage and from all incumrances created! the defendant or an! person claiming under him where the defendant claims ! derived title ! thoseunder whom he claims and shall also if necessar! put the plaintiff in possession of the propert!; and

>ii? that if pa!ment of the amount found or declared due under or ! the preliminar! decree is not made on or efore the date so fixed or the plaintiff fails to pa! within such time as the Court ma! fix the amount



adGudged due in respect of suseDuent costs charges expenses and interest the defendant shall e entitledto appl! for a final decreeI

>a? in the case of a mortgage other than a usufructuar! mortgage a mortgage ! conditional sale or ananomalous mortgage the terms of which provide for foreclosure onl! and not for sale that the mortgagepropert! e sold or

>? in the case of a mortgage ! conditional sale or such an anomalous mortgage as aforesaid that the

plaintiff e dearred from all right to redeem the propert!.>9? 0he Court ma! on good cause shown and upon terms to e fixed ! the Court from time to time at an!time efore the passing of a final decree for foreclosure of sale as the case ma! e extend due in respect of suseDuent costs charges expenses and interest.

% . :inal decree in redemption suitI >$? Where final decree dearring the plaintiff from all right to redeemthe mortgaged propert! has een passed or efore the confirmation of a sale held in pursuance of a finaldecree passed under su#rule >-? of this rule the plaintiff maFes pa!ment into Court of all amounts due fromhim under su#rule >$? of rule 3 the Court shall on application made under ! the plaintiff in this ehalf passa final decree or if such decree has een passed an orderI

>a? ordering the defendant to deliver up the documents referred to in the preliminar! decree and ifnecessar!I

>? ordering him to re#transfer at the cost of the plaintiff the mortgaged propert! as directed in the saiddecree

and also if necessar!I

>c? ordering him to put the plaintiff in possession of the propert!.

>9? Where the mortgaged propert! or a part thereof has een sold in pursuance of a decree passed undersu#rule >-? of this rule the Court shall not pass an order under su#rule >$? of this rule unless the plaintiff inaddition to the amount mentioned is su#rule >$? deposits in the Court for pa!ment to the purchaser a sumeDual to five per cent of the amount of the purchase#mone! paid into ! the purchaser.

Where such deposit has een made the purchaser shall e entitled to an order for repa!ment of the amountof the purchase#mone! paid into Court ! him together with a sum eDual to five per cent thereof.

>-? Where pa!ment in accordance with su#rule >$? has not een made the Court shall on application made! the defendant in this ehalfI

>a? in the case of a mortgage ! conditional sale or of such an anomalous mortgage as is hereineforereferred to in rule 3 pass a final decree declaring that the plaintiff and all persons claiming under him aredearred from all right to redeem the mortgaged propert! and also if necessar! ordering the plaintiff to putthe defendant in possession of the mortgaged propert!; or

>? in the case of an! other mortgage not eing a usufructuar! mortgage pass a final decree that themortgaged propert! or a sufficient part thereof e sold and the proceeds of the sale >after deductiontherefrom of the expenses of the sale? e paid into Court and applied in pa!ment of what is found due to thedefendant and the alance if an! e paid to the plaintiff or other persons entitled to receive the same.

%A . Recover! of alance due on mortgage in suit for redemptionI Where the net proceeds of an! sale heldunder @-2,@rule % are found insufficient to pa! the amount due to the defendant the Court @-3<@onapplication ! him in execution ma! if the alance is legall! recoverale from the plaintiff otherwise than outof the propert! sold pass a decree for such alance.

, . 7ecree where nothing is found due or where mortgagee has een overpaidI *otwithstanding an!thinghereinefore contained if it appears upon taFing the account referred to in rule 3 that nothing is due to thedefendant or that he has een overpaid the Court shall pass a decree directing the defendant if so reDuiredto re#transfer the propert! and to pa! to the plaintiff and amount which ma! e found due to him; and theplaintiff shall if necessar! e put in possession of the mortgaged propert!.

$< . Costs of mortgagee suseDuent to decreeI (n finall! adGusting the amount to e paid to a mortgagee incase of a foreclosure sale or redemption the Court shall unless in the case of costs of the suit the conductof the mortgagee has een such as to disentitle him thereto add to the mortgage#mone! such costs of the



suit and other costs charges and exepenses as have een properl! incurred ! him since the date of thepreliminar! decree for foreclosure sale or redemption up to the time of actual pa!ment"

@-3$@&rovided that where the mortgagor efore or at the time of the institution of the suit tenders ordeposits the amount due on the mortgage or such amount as is not sustantiall! deficient in the opinion ofthe Court he shall not e ordered to pa! the costs of the suit to the mortgagee and the mortgagor shall eentitled to recover his own costs of the suit from the mortgagee unless the Court for reasons to e recordedotherwise directs.

@-39@$<A . &ower of Court to direct mortgagee to pa! =(mesne profitsI Where in a suit for foreclosure themortgagor has efore or at the time of the institution of the suit tendered or deposited the sum on themortgage or such sum as is not sustantiall! deficient in the opinion of the Court the Court shall direct themortgagee to pa! to the mortgagor mesne profits for the period eginning with the institution of the suit.

$$ . &a!ment of interestI (n an! decree passed in a suit for foreclosure sale or redemption where interestis legall! recoverale the Court ma! order pa!ment of interest to the mortgagee as follows namel!"I

>a? interest up to the date on or efore which pa!ment of the amount found or declared due is under thepreliminar! decree to e made ! the mortgagor or other person redeeming the mortgageI

>i? on the principal amount found or declared due on the mortgageIat the rate pa!ale on the principal orwhere such rate at the Court deems reasonale and

>iii? on the amount adGudged due to the mortgagee for costs charges and expenses properl! incurred ! themortgagee in respect of the mortgagee#securit! up to the date of the preliminar! decree and added to themortgage#mone!Iat the rate agreed etween the parties or failing such rate at such rate not exceedingsix per cent per annum as the Court deems reasonale; and

>? suseDuent interest up to the date of realisation or actual pa!ment on the aggregate of the principal sumsspecified in clause >a? as calculated in accordance with that clause at the such rate as the Court deemsreasonale.

$9 . Sale of propert! suGect to prior mortgageI Where an! propert! the sale of which is directed under this6rder is suGect to a prior mortgage the Court ma! with the consent of the prior mortgagee direct that thepropert! e sold free from the same giving to such prior mortgagee the same interest in the proceeds of thesale as he had in the propert! sold.

$- . Application of proceedsI >$? Such proceeds shall e rought into Court and applied as follows"Ifirst in pa!ment of all expenses incident to the sale or properl! incurred in an! attempted sale;

secondl! in pa!ment of whatever is due to the prior mortgagee on account of the prior mortgage and ofcosts properl! incurred in connection therewith;

thirdl! in pa!ment of all interest due on account of the mortgage is conseDuence whereof the sale wasdirected and of the costs of the suit in which the decree directing the sale was made;

fourthl! in pa!ment of the principal mone! due on account of that mortgage; and

lastl! the residue >if an!? shall e paid to the person proving himself to e interested in the propert! sold or if there are more such persons than one then to such persons according to their respective interests therein or upon their Goint receipt.

>9? *othing in this rule or in rule $9 shall e deemed to affect the powers conferred ! section 3 of the0ransfer of &ropert! Act $%%9 >4 of $%%9?.

$4 . Suit for sale necessar! for ringing mortgaged propert! to saleI >$? Where a mortgagee has otained adecree for the pa!ment of mone! in satisfaction of a claim arising under the mortgage he shall not eentitled to ring the mortgaged propert! to sale otherwise than ! instituting a suit for sale in enforcement ofthe mortgage and he ma! institute such suit notwithstanding an!thing contained in 6rder (( rule 9.

>9? *othing in su#rule >$? shall appl! to an! territories to which the 0ransfer of &ropert! Act $%%9 >4 of$%%9? has not een extended.



$ . )ortgages ! the deposit of title deeds and chargesI @-3-@>$? All the provisions contained in this6rder which appl! to a simple mortgage shall so far as ma! e appl! to a mortgage ! deposit of title#deedswithin the meaning of section % and to a charge within the meaning of section $<< of the 0ransfer of&ropert! Act $%%9 >4 of $%%9?;

@-34 @>9? Where a decree orders pa!ment of mone! and charges it on immovale propert! on default ofpa!ment the amount ma! e realised ! sale of that propert! in execution of that decree.

ORDER )))*& INTERP#EADER$ . &laint in interpleader#suitI (n ever! suit of interpleader the plaint shall in addition to the other statementsnecessar! for plaints stateI

>a? that the plaintiff claims no interest in the suGect#matter in dispute other than for charges or costs;

>? the claims made ! the defendants severall!; and

>c? that there is no collusion etween the plaintiff and an! of the defendants.

9 . &a!ment of thing claimed into CourtI Where the thing claimed is capale of eing paid into Court orplaced in the custod! of the Court the plaintiff ma! e reDuired to so pa! or place it efore the he can eentitled to an! order in the suit.

- . &rocedure where defendant is suing plaintiffI Where an! of the defendants in an interpleader#suit is

actuall! suing the plaintiff in respect the suGect#matter of such suit the Court in which the suit against theplaintiff is pending shall on eing informed ! the Court in which the interpleader#suit has een institutedsta! the proceedings as against him; and his costs in the suit so sta!ed ma! e provided for in such suit; utif and in so far as the! are not provided for in that suit the! ma! e added to his costs incurred in theinterpleader#suit.

4 . &rocedure at first hearingI >$? At the first hearing the Court ma!I

>a? declare that the plaintiff is discharged from all liailit! to the defendants in respect of the thing claimedaward him his costs and dismiss him from the suit; or

>? if it thinFs that Gustice or convenience so reDuire retain all parties until the final disposal of the suit.

>9? Where the Court finds that the admissions of the parties or other evidence enale it to do so it ma!adGudicate the title to the thing claimed.

>-? Where the admissions of the parties do not enale the Court so to adGudicate it ma! directI

>a? that an issue or issues etween the parties e framed and tried and

>? that an! claimant e made a plaintiff in lieu of or in addition to the original plaintiff

and shall proceed to tr! the suit in the ordinar! manner.

. Agents and tenants ma! not institute interpleader suitsI *othing in the 6rder shall e deemed to enaleagents to sue their principles or tenants to sue their landlords for the purpose of compelling them tointerplead with an! person other than persons maFing claim through such principals or landlords.

(llustrations

>a? A deposits a ox of Gewels with = as his agent. C alleges that the Gewels were wrongfull! otained fromhim ! A and claims them from =. = cannot institute an interpleader#suit against A and C.

>? A deposits a ox of Gewels with = as his agent. He then writes to C for the purpose of maFing the Gewels asecurit! for a det due from himself to C. A afterwards alleges that CKs det is satisfied and C alleges thecontrar!. =oth claim the Gewels from =. = ma! institute in interpleader#suit against A and C.

2 . Charge for plaintiffKs costsI Where the suit is properl! instituted the Court ma! provide for the costs ofthe original plaintiff ! giving him a charge on the thing claimed or in some other effectual wa!.

ORDER )))*I&SPECIA# CASE



$ . &ower to state case for CourtKs opinionI >$? &arties claiming to e interested in the decision of an!Duestion of fact or law ma! enter into an agreement in writing stating such Duestion in the form of a case forthe opinion of the Court and providing that upon the finding of the Court with respect to such DuestionI

>a? a sum of mone! fixed ! the parties or to e determined ! the Court shall e paid ! one of the partiesto the other of them; or

>? some propert! movale or immovale specified in the agreement shall e delivered ! one of the

parties to the other of them; or >c? one or more of the parties shall do or refrain from doing some other particular act specified in theagreement.

>9? Ever! case stated under this rule shall e divided into consecutivel! numered paragraphs and shallconcisel! state such facts and specif! such documents as ma! e necessar! to enale the Court to decidethe Duestion raised there!.

9 . Where value of suGect#matter must e statedI Where the agreement is for the deliver! of an! propert!;or for the doing or the refraining from doing an! particular act the estimated value of the propert! to edelivered or to which the act specified has reference shall e stated in the agreement.

- . Agreement to e filed and registered as suitI >$? 0he agreeement if framed in accordance with the ruleshereinefore contained ma! e filed @-3@with an application in the Court which would have Gurisdiction to

entertain a suit the amount or value of the suGect#matter of which is the same as the amount or value of thesuGect#matter of the agreement.

>9?@-32 @0he application when so filed shall e numered and registered as a suit etween one or more ofthe parties claiming to e interested as plaintiff or plaintiffs and the other or the others of them as defendantor defendants; and notice shall e given to all the parties to the agreement other than the part! or parties !whom @-33@the application was presented.

4 . &arties to e suGect to CourtKs GurisdictionI Where the agreement has een filed the parties to it shalle suGect to the Gurisdiction of the Court and shall e ound ! the statements contained therein.

. Hearing and disposal of caseI >$? 0he case shall e set down for hearing as a suit instituted in theordinar! manner and the provisions of this Code shall appl! to such suit so far as the same are applicale.

>9? Where the Court is satisfied after examination of the parties or after taFing such evidence as it thinFs fit

I

>a? that the agreement was dul! executed ! them

>? that the! have a ona fide interest in the Duestion stated therein and

>c? that the same is fit to e decided

it shall proceed to pronounce Gudgment thereon in the same wa! as in an ordinar! suit and upon the Gudgment so pronounced a decree shall follow.

@-3% @2 . *o appeal from a decree passed under rule I *o appeal shall lie from a decree passed underrule .

ORDER )))*II&S'$$AR% PROCED'RE

@-3,@$ . Courts and classes of suits to which the 6rder is to appl!I >$? 0his 6rder shall appl! to thefollowing Court namel!"I

>a? High Courts Cit! Civil Courts and Courts of Small Causes; and

>? other Courts;

&rovided that in respect of the Courts referred to in clause >? the High Court ma! ! notification in the6fficial 1aette restrict the operation of this 6rder onl! to such categories of suits as it deems proper andma! also from time to time as the circumstances of the case ma! reDuire ! suseDuent notification in the6fficial 1aette further restrict enlarge or var! the categories of suits to e rought under the operation ofthis 6rder as it deems proper.



>9? SuGect to the provisions of su#rule >$? the 6rder applies to the following classes of suits namel!"I

>a? suits upon ills of exchange hundies and promissor! notes;

>? suits in which the plaintiff seeFs onl! to recover a det or liDuidated demand in mone! pa!ale ! thedefendant with or without interest arisingI

>i? on a written contract or

>ii? on an enactment where the sum sought to e recovered is a fixed sum of mone! or in the nature of adet other than a penalt!; or

>iii? on a guarantee where the claim against the principal is in respect of a det or liDuidated demand onl!.

@-%<@9 . (nstitution of summar! suitsI >$? A suit to which this 6rder applies ma! if the plaintiff desires toproceed hereunder e instituted ! presenting a plaint which shall containI

>a? a specific averment to the effect that the suit is filed under this 6rder;

>? that no relief which does not fall within the amit of this rule has een claimed in the plaint;

>c? the following inscription immediatel! elow the numer of the suit in the title of the suit namel!"I

>/nder 6rder 5558(( of the Code of Civil &rocedure $,<3?.

>9? the summons of the suit shall e in :orm *o. 4 in Appendix = or in such other form as ma! from time totime e prescried.

>-? 0he defendant shall not defend the suit referred to in su# rule >$? unless he enters an appearance and indefault of his entering an appearance the allegations in the plaint shall e deemed to e admitted and theplaintiff shall entitled to a decree for an! sum not exceeding the sum mentioned in the summons togetherwith interest at the rate specified if an! up to the date of the decree and such sum for costs as ma! edetermined ! the High Court from time to time ! rules made in that ehalf and such decree ma! eexecuted forthwith.

@-%$@- . &rocedure for the appearance of defendantI >$? (n a suit to which this 6rder applies the plaintiffshall together with the summons under rule 9 serve on the defendant a cop! of the plaint and annexuresthereto and the defendant ma! at an! time within ten da!s of such service enter an appearance either inperson or ! pleader and in either case he shall file in Court an address for service of notices on him.

>9? /nless otherwise order all summonses notices and other Gudicial processes reDuired to e served onthe defendant shall deemed to have een dul! served on him if the! are left at the address given ! him forsuch service.

>-? 6n the da! of entering the appearance notice of such appearance shall e given ! the defendant to theplaintiffKs pleader or if the plaintiff sues in person to the plaintiff himself either ! notice delivered at or sent! pre#said letter directed to the address of the plaintiffKs pleader or of the plaintiff as the case ma! e.

>4? (f the defendant enters an appearance the plaintiff shall thereafter serve on the defendant a summons for Gudgment in :orm *o. 4A in Appendix = for such other :orm as ma! e prescried from time to timereturnale not less than ten da!s from the date of service supported ! an affidavit verif!ing the cause ofaction and the amount claimed and stating that in his elief there is no defence to the suit.

>? 0he defendant ma! at an! time within ten da!s from service of such summons for Gudgment ! affidavitor otherwise disclosing such facts as ma! e deemed sufficient to entitle him to defend appl! on suchsummons for leave to defend such suit and leave to defend ma! e granted to him unconditionall! or uponsuch terms as ma! appear to the Court or Judge to e Gust"

&rovided that leave to defend shall not e refused unless the Court is satisfied that the facts disclosed ! thedefendant do not indicate that he has a sustantial defence to raise or that the defence intended to e put up! the defendant is frivolous or vexatious"

&rovided further that where a part of the amount claimed ! the the plaintiff is admitted ! the defendant toe due from him leave to defend the suit shall not e granted unless the amount so admitted to e due isdeposited ! the defendant in Court.



>2? At the hearing of such summons for GudgmentI

>a? if the defendant has not applied for leave to defend or if such application has een made and is refusedthe plaintiff shall e entitled to Gudgment forthwith; or

>? if the defendant is permitted to defend as to the whole or an! part of the claim the Court or Judge ma!direct him to give such securit! and within such time as ma! e fixed ! the Court or Judge and that onfailure to give such securit! with the time specified ! the Court or Judge or to carr! out such other directions

as ma! have een given ! the Court or Gudge the plaintiff shall e entitled to Gudgment forthwith.>3? 0he Court or Judge ma! for sufficient cause shown ! the defendant execute the dela! of the defendantin entering an appearance or in appl!ing for leave to defend the suit.

4 . &ower to set aside decreeI After decree for the Court ma! under special circumstances set aside thedecree and if necessar! sta! or set aside execution and ma! give leave to the defendant to appear to thesummons and to defend the suit if it seems reasonale to the Court so to do and on such terms as theCourt thinFs fit.

. &ower to order ill etc. to e deposited with officer of CourtI (n an! proceeding under this 6rder theCourt ma! order the ill hundi or note on which the suit is founded to e forthwith deposited with an officer of the Court and ma! further order that all proceedings shall e sta!ed until the plaintiff gives securit! for thecosts thereof.

2 . Recover! of cost of noting non#acceptance of dishonoured ill or noteI 0he holder of ever! dishonouredill of exchange or promissor! note shall have the same remedies for the recover! of the expenses incurredin noting the same for non#acceptance or non#pa!ment otherwise ! reason of such dishonour as he hasunder this 6rder for the recover! of the amount of such ill or note.

3 . &rocedure in suitsI Save as provided ! this 6rder the procedure in suits hereunder shall e the sameas the procedure in suits instituted in the ordinar! manner.

ORDER )))*III&ARREST AND ATTAC-$ENT BE+ORE .'D$ENT

Arrest efore Gudgment

$ . Where defendant ma! e called upon to furnish securit! for appearanceI Where at an! stage of a suitother than a suit of the nature referred to in section $2 clauses >a? to >d? the Court is satisfied ! affidavit or otherwiseI

>a? that the defendant with intent to dela! the plaintiff or to avoid an! process of the Court or to ostruct ordela! the execution of an! decree that ma! e passed against himI

>i? has asconded or left the local limits of the Gurisdiction of the Court or

>ii? is aout to ascond or leave the local limits of the Gurisdiction of the Court his propert! or an! part thereofor

>? that the defendant is aout to leave (ndia under circumstances affording reasonale proailit! that theplaintiff will or ma! there! e ostructed or dela!ed in the execution of an! decree that ma! e passedagainst the defendant in the suit

the Court ma! issue a warrant to arrest the defendant and ring him efore the Court to show cause wh! heshould not furnish securit! for his appearance"

&rovided that the defendant shall not e arrested if he pa!s to the officer enstrusted with the execution of thewarrant an! sum specified in the warrant as sufficient to satisf! the plaintiffKs claim; and such sum shall eheld in deposit ! the Court until the suit is disposed of or until the further order of the Court.

9 . Securit!I >$? Where the defendant fails to show such cause the Court shall order him either to deposit inCourt mone! or other propert! sufficient answer the claim against him or to furnish securit! for hisappearance at an! time when called upon while the suit is pending and until satisfaction of an! decree thatma! e passed against him in the suit or maFe such order as it thinFs fit in regard to the sum which ma!have paid ! the defendant under the provison to the last preceding rule.



>9? Ever! suret! for the appearance of a defendant shall ind himself in default of such appearance to pa!an! sum of mone! which the defendant ma! e ordered to pa! in the suit.

- . &rocedure on application ! suret! to e dischargedI >$? A suret! for the appearance of a defendantma! at an! time appl! to the Court in which he ecame such suret! to e discharged from his oligation.

>9? 6n such application eing made the Court shall summon the defendant to appear or if it thinFs fit ma!issue a warrant for his arrest in the first instance.

>-? 6n the appearance of the defendant in pursuance of the summons or warrant or on his voluntar!surrender the Court shall direct the suret! to e discharged from his oligation and shall call upon thedefendant to find fresh securit!.

4 . &rocedure where defendant fails to furnish securit! or find fresh securit!I Where the defendant fails tocompl! with an! order under rule 9 or rule - the Court ma! commit him to the civil prison until the decision of the suit or where a decree is passed against the defendant until the decree has een satisfied"

&rovided that no person shall e detained in prison under this rule in an! case for a longer period than sixmonths nor for a longer period than six weeFs when the amount or value of the suGect#matter of the suitdoes not exceed fift! rupees"

&rovided also that no person shall e detained in prison under this rule after he has complied with suchorder.

Attachment efore Gudgment

. Where defendant ma! e called upon to furnish securit! for production of propert!I >$? Where at an!stage of a suit the Court is satisfied ! affidavit or otherwise that the defendant with intent to ostruct ordela! the execution of an! decree that ma! e passed against himI

>a? is aout to dispose of the whole or an! part of his propert! or

>? is aout to remove the whole or an! part of his propert! from the local limits of the Gurisdiction of theCourt

the Court ma! direct the defendant within a time to e f ixed ! it either to furnish securit! in such sum asma! e specified in the order to produce and place at the disposal of the Court when reDuired the saidpropert! or the value of the same or such portion thereof as ma! e sufficient to satisf! the decree or to

appear and show cause wh! he should not furnish securit!.

>9? 0he plaintiff shall unless the court otherwise directs specif! the propert! reDuired to e attached and theestimated value thereof.

>-? 0he Court ma! also in the order direct the conditional attachment of the whole or an! portion of thepropert! so specified.

@-%9 @>4? (f an order of attachment is made without compl!ing with the provisions of su#rule >$? of this rulesuch attachment shall e void.

2 . Attachment where cause not shown or securit! not furnishedI >$? Where the defendant fails to showcause wh! he should not furnish securit! or fails to furnish the securit! reDuired within the time fixed ! theCourt the Court ma! order that the propert! specified or such portion thereof as appears sufficient to satisf!an! decree which ma! e passed in the suit e attached.

>9? Where the defendant shows such cause of furnishes the reDuired securit! and the propert! specified oran! portion of it has een attached the Court shall order the attachment to e withdrawn or maFe such other order as it thinFs fit.

3 . )ode of maFing attachmentI Save as otherwise expressl! provided the attachment shall e made in themanner provided for the attachment of propert! in execution of a decree.

@-%-@% . AdGudication of claim to propert! attached efore GudgmentI Where an! claim is preferred topropert! attached efore Gudgment such claim shall e adGudicated upon in the manner hereineforeprovided for the adGudicated of claims to propert! attached in execution of a decree for the pa!ment ofmone!.



, . Removal of attachment when securit! furnished or suit dismissedI Where an order is made forattachment efore Gudgment the Court shall order the attachment to e withdrawn when the defendantfurnishes the securit! reDuired together with securit! for the cost of the attachment or when the suit isdismissed.

$< . Attachment efore Gudgment not to affect rights of strangers nor ar decree#holder from appl!ing for saleI Attachment efore Gudgment shall not affect the rights existing prior to the attachment of persons notparties to the suit nor ar an! person holding a decree against the defendant from appl!ing for the sale of

the propert! under attachment in execution of such decree.

$$ . &ropert! attached efore Gudgment not to e re#attached in execution of decreeI Where propert! isunder attachment ! virtue of the provisions of this order and a decree is suseDuentl! passed in favour ofthe plaintiff it shall not e necessar! upon a application for execution of such decree to appl! for a re#attachment of the propert!.

@-%4@$$A . &rovisions applicale to attachmentI >$? 0he provisions of this Code applicale to an attachmentmade in execution of a decree shall so far as ma! e appl! to an attachment made efore Gudgment whichcontinues after the Gudgment ! virtue of the provisions of rule $$.

>9? An attachment made efore Gudgment in a suit which is dismissed for default shall not ecome revivedmerel! ! reason of the fact that the order for the dismissal of the suit for default has een set aside and thesuit has een restored.

$9 . Agricultural produce not attachale efore GudgmentI *othing in this 6rder shall e deemed toauthorie the plaintiff to appl! for the attachment of an! agricultural produce in the possession of anagriculturist or to empower the Court to order the attachment or production of such produce.

$- . Small Cause Court not to attach immovale propert!I *othing in this 6rder shall e deemed toempower an! Court of Small Causes to maFe order for the attachment of immovale propert!.

ORDER )))I)&TE$PORAR% IN.'NCTIONS AND INTER#OC'TOR% ORDERS

0emporar! inGunctions

$ . Cases in which temporar! inGunction ma! e grantedI Where in an! suit it is proved ! affidavit orotherwiseI

>a?that an! propert! in dispute in a suit is in danger of eing wasted damaged or alienated ! an! part! to

the suit or wrongfull! sold in a execution of a decree or

>? that the defendant threatens or intends to remove or dispose of his propert! with a view to @-%@defrauding his creditors

@-%2 @>c? that the defendant threatens to dispossess the plaintiff or otherwise cause inGur! to the plaintiff inrelation to an! propert! in dispute in the suit

the Court ma! e order grant a temporar! inGunction to restrain such act or maFe such other order for thepurpose of sta!ing and preventing the wasting damaging alienation sale removal or disposition of thepropert! @-%3@or dispossession of the plaintiff or otherwise causing inGur! to the plaintiff in relation to an!propert! in dispute in the suit as the Court thinFs fit until the disposal of the suit or until further orders.

9 . (nGunction to restrain repetition or continuance of reachI >$? (n an! suit for restraining the defendantfrom committing a reach of contract or other inGur! of an! Find whether compensation is claimed in the suitor not the plaintiff ma! at an! time after the commencement of the suit and either efore or after Gudgmentappl! to the Court for a temporar! inGunction to restrain the defendant from committing the reach of contractor inGur! complained of or an! reach of contract or inGur! of a liFe Find arising out of the same contract orrelating to the same propert! or right.

>9? 0he Court ma! e order grant such inGunction on such terms as to the duration of the inGunction Feepingan account giving securit! or otherwise as the Court thinFs fit.

@-%%@

S0A0E A)E*7)E*0S



)adh!a &radesh.I (n 6rder -, rule 9 in su#rule >9? insert the following proviso"I

&rovided that no such inGunction shall e grantedI

>a? where no perpetual inGunction could e granted in view of the provisions of section -% and section 4$ ofthe Specific Relief Act $,2- >43 of $,2-?; or

>? to sta! the operation of an order for transfer suspension reduction in ranF compulsor! retirementdismmissal removale or otherwise termination of service of or taFing charge from an! person appointed to

pulic service and post in connection with the affairs of the State including an! emplo!ee of an! compan! orCorporation owned or controlled ! the State 1overnment; or

>c? to sta! an! disciplinar! proceeding pending or intended

or the effect of an! adverse entr! against an! person appointed to pulic service and post in connection withthe affairs of the State including an! emplo!ee of the compan! owned or controlled ! the State1overnment; or

>d? to restrain an! election; or

>e? to restrain an! auction intended to e made or to restrain the effect of an! auction made ! the1overnment; or to sta! the proceedings for the recover! of an! dues recoverale as land revenue unlessadeDuate securit! is furnished; and an! order for inGuction granted in contravention of these provisions shalle void.

@).&. Act 9, of $,%4.

/ttar &radesh.I (n rule 9 su#rule >9? interest the following proviso"I

&rovided that no such inGunction shall e grantedI

>a? where no perpetual inGunction could e granted in view of the provisions of section -% and section 4$ ofthe Specific Relief Act $,2- >43 of $,2-? or

>? to sta! the operation of an order for transfer suspension reduction in ranF compulsor! retirementdismissal removal or otherwise termination of service of or taFing charge from an! emplo!ee including an!emplo!ee of the 1overnment or

>c? to sta! an! disciplinar! proceeding pending or intended or the effect of an! adverse entr! against an!

emplo!ee of the 1overnment or

>d? to affect the internal management or affairs of an! educational institution including a /niversit! or aSociet! or

>e? to restrain an! election or

>f? to restrain an! auction intended to e made or the effect of an! auction made ! the 1overnment unlessadeDuate securit! is furnished or

>g? to sta! the proceedings of the recover! of an! dues recoverale as land revenue unless adeDuatesecurit! is furnished or

>h? in an! matter where a reference can e made to the Chancellor of a /niversit! under an! enactment forthe time eing inforce;

and an! order for inGunction granted in contravention of these provisions shall e void.

@/.&. Act 3 of $,32 amended ! *otification dated -.$<.$,%$.

@-%,@9A . ConseDuence of disoedience or reach of inGunctionI >$? (n the case of disoedience of an!inGunction granted or other order made under rule $ or rule 9 or reach of an! of the terms on which theinGunction was granted or the order made the Court granting the inGunction or maFing the order or an! Courtto which the suit or proceeding is transferred ma! order the propert! of the person guilt! of suchdisoedience or reach to e attached and ma! also order such person to e detained in the civil prison fora term not execeding three months unless in the meantime the Court directs his release.



>9? *o attachment made under this rule shall remain in force for more than one !ear at the end of which timeif the disoedience or reach continues the propert! attached ma! e sold and out of the proceeds theCourt ma! award such compensation as it thinFs fit to the inGured part! and shall pa! the alance if an! tothe part! entitled thereto.

- . =efore granting inGunction Court to direct notice to opposite part!I 0he Court shall in all case exceptwhere it appears that the oGect of granting the inGunction would e defeated ! the dela! efore granting aninGunction direct notice of the application for the same to e given to the opposite part!"

@-,< @&rovided that where it is proposed to grant an inGunction without giving notice of the application to theopposite part! the Court shall record the reasons for its opinion that the oGect of granting the inGunctionwould e defeated ! dela! and reDuire the applicantI

>a? to deliver to the opposite part! or to send to him ! registered post immediatel! after the order grantingthe inGunction has een made a cop! of the application for inGunction together withI

>i? a cop! of the affidavit filed in support of the application;

>ii? a cop! of the plaint; and

>iii? copies of documents on which the applicant relies and

>? to file on the da! on which such inGunction is granted or on the da! immediatel! following that da! anaffidavit stating that the copies aforesaid have een so delivered or sent.

@-,$@-A . Court to dispose of application for inGunction within thirt! da!s.I Where an inGunction has eengranted without giving notice to the opposite part! the Court shall maFe an endeavour to finall! dispose ofthe application within thirt! da! from the date on which the inGunction was granted; and where it is unale soto do it shall record its reasons for such inailit!.

4 . 6rder for inGunction ma! e discharged varied or set asideI An! order for an inGunction ma! edischarged or varied or set aside ! the Court on application made thereto ! an! part! dissatisfied withsuch order"

@-,9 @&rovided that if in an application for temporar! inGunction or in an! affidavit support such application apart has Fnowingl! made a false or misleading statement in relation to a material particular and the inGunctionwas granted without giving notice to the opposite part! the Court shall vacate the inGunction unless forreasons to e recorded it considers that it is not necessar! so to do in the interests of Gustice"

&rovided further that where an order for inGunction has een passed after giving to a part! an opportunit! ofeing heard the order shall not e discharged varied or set aside on the application of that part! exceptwhere such discharge variation or setting aside has een necessitated ! a change in the circumstances orunless the Court is satisfied that the order has caused under hardship to that part!.

S0A0E A)E*7)E*0S

)adh!a &radesh.I (n Rule 4"I

>i? after the words ! the Court inserted the words for reasons to e recorded either on its own motion or;and

>ii? at the end add the following proviso"I

&rovided also that if at an! stage of the suit it appears to the Court that the part! in whose favour the orderof inGunction exists is dela!ing the proceedings or is otherwise ausing the process of Court it shall set asidethe order of inGunction.

@).&. Act 9, of $,%4.

/ttar &radesh.I Same as that of )adh!a &radesh except for the word dela!ing sustitute dilating in theproviso.

@/.&. Act 3 of $,32.



. (nGunction to corporation inding on its officerI An inGunction directed to a corporation is inding not onl!on the corporation itself ut also on all memers and officers of the corporation whose personal action itseeFs to restrain.

(nterlocutor! orders

2 . &ower to order interim saleI 0he Court ma! on the application of an! part! to a suit order the sale !an! person named in such order and in such manner and on such terms as it thinFs fit of an! movale

propert! eing the suGect#matter of such suit or attached efore Gudgment in such suit which is suGect tospeed! and natural deca! or which for an! other Gust and sufficient cause it ma! e desirale to have sold atonce.

3 . 7etention preservation inspection etc. of suGect#matter of suit I >$? the Court ma! on the applicationof an! part! to a suit and on such terms as it thinFs fitI

>a? maFe an order for the detention preservation or inspection of an! propert! which is the suGect#matter ofsuch suit or as to which an! Duestion ma! arise therein;

>? for all or an! of the purposes aforesaid authorie an! person to enter upon or into an! land or uilding inthe possession of an! other part! to such suit; and

>c? for all or an! of the purposes aforesaid authorie an! samples to e taFen or an! oservation to e madeor experiment to e tried which ma! seem necessar! or expendient for the purpose of otaining full

information or evidence.

>9? 0he provisions as to execution of process shall appl! mutatis mutandis to person authoried to enterunder this rule.

% . Application for such orders to e after noticeI >$? An application ! the plaintiff for an order under rule 2or rule ma! e made@-,-at an! time after institution of the suit.

>9? An application ! the defendant for a liFe order ma! e made@-,4at an! time after appearance.

@-, @>-? =efore maFing an order under rule 2 or rule 3 on an application made for the purpose the Courtshall except where it appears that the oGect of maFing such order would e defeated ! the dela! directnotice thereof to e given to the opposite part!.

, . When part! ma! e put in immediate possession of land the suGect#matter of suitI Where land pa!ing

revenue to 1overnment or a tenure liale to sale is the suGect#matter of a suit if the part! in possession ofsuch land or tenure neglects to pa! the 1overnment revenue or the rent due to the proprietor of the tenureas the case ma! e and such land or tenure is conseDuentl! ordered to e sold an! other part! to the suitclaiming to have an interest in such land or tenure ma! upon pa!ment of the revenue or rent due previousl!to the sale >and with or without securit! at the discretion of the Court? e put in immediate possession of theland or tenure;

and the Court in its decree ma! award against the defaulter the amount so paid with interest thereon at suchrate as the Court thinFs fit or ma! charge the amount so paid with interest thereon at such rate as the Courtorders in an! adGustment of accounts which ma! e directed in the decree passed in the suit.

$< . 7eposit of mone! etc. in CourtI Where the suGect#matter of a suit is mone! or some other thingcapale of deliver! and an! part! thereto admits that he holds such mone! or other thing as a trustee foranother part! or that it elongs or is due to another part! the Court ma! order the same to e deposited in

Court or delivered to such last#named part! with or without securit! suGect to the further direction of theCourt.

ORDER )#& APPOINT$ENT O+ RECEI*ERS

$ . Appointment of receiversI >$? Where it appears to the Court to e Gust and convenient the Court ma! !orderI

>a? appointment a receiver of an! propert! whether efore or after decree;

>? remove an! person from the possession or custod! of the propert!;

>c? commit the same to the possession custod! or management of the receiver; and



>d? confer upon the receiver all such powers as to ringing and defending suits and for the realiationmanagement protection preservation and improvement of the propert! the collection of the rents and profitsthereof the application and disposal of such rents and profits and the execution of documents as the ownerhimself has or such those powers as the Court thinFs fit.

>9? *othing in this rule shall authorie the Court to remove from the possession or custod! of propert! an!person whom an! part! to the suit has not a present right so to remove.

9 . RemunerationI 0he Court ma! e general or special order fix the amount to e paid as remuneration forthe services of the receiver.

- . 7utiesI Ever! receiver so appointed shallI

>a? furnish such securit! >if an!? as the Court thinFs fit dul! to account for what he shall receive in respect ofthe propert!;

>? sumit his accounts at such periods and in such form as the Court directs;

>c? pa! the amount due from him as the Court directs; and

>d? e responsile for an! loss occasioned to the propert! ! his wilful default or gross negligence.

4 . Enforcement of receiverKs dutiesI Where a receiverI

>a? fails to sumit his accounts at such periods and in such form as the Court directs or

>? fails to pa! the amount due from him as the Court directs or

>c? occasions loss to the propert! ! his wilful default or gross negligence

the Court ma! direct his propert! to e attached and ma! sell such propert! and ma! appl! the proceeds tomaFe good an! amount found to e due from his or an! loss occasioned ! him and shall pa! the alance >if an!? to the receiver.

. When Collector ma! e appointed receiverI Where the propert! is land pa!ing revenue to the1overnment or land of which the revenue has een assigned or redeemed and the Court considers that theinterests of those concerned will e promoted ! the management of the Collector the Court ma! with theconsent of the Collector appoint him to e receiver of such propert!.

ORDER )#I&APPEA#S +RO$ ORIINA# DECREES

$ . :orm of appeal. What to accompan! memorandumI >$? Ever! appeal shall e preferred in the form of amemorandum signed ! the appellant or his pleader and presented to the Court or to such officer as itappoints in this ehalf. 0he memorandum shall e accompanied ! a cop! of the decree appealed from and>unless the Appellate Court dispenses therewith? of the Gudgment on which it is founded"

@-,2 @&rovided that where two or more suits have een tried together and a common Gudgment has eendelivered therefor and two or more appeals are filed against an! decree covered ! that Gudgment whether! the same appellant or ! different appellants the Appellate Court dispense with the filing of more than onecop! of the Gudgment.

>9? Contents of memorandumI0he memorandum shall set forth concisel! and under distinct heads thegrounds of oGection to the decree appealed from without an! argument or narrative; and such grounds shalle numered consecutivel!.

@-,3 @>-? Where the appeal is against a decree for pa!ment of mone! the appellant shall within such timeas the Appellate Court ma! allow deposit the amount disputed in the appeal or furnish such securit! inrespect thereof as the Court ma! thinF fit.

9 . 1rounds which ma! e taFen in appealI 0he appellant shall not except ! leave of the Court urge or eheard in support of an! ground of oGection not set forth in the memorandum of appeal ut the AppellateCourt in deciding the appeal shall not e confined to the grounds of oGections set forth in the memorandumof appeal or taFen ! leave of the Court under this rule"

&rovided that the Court shall not rest its decision on an! other ground unless the part! who ma! e affectedthere! has had a sufficient opportunit! of contesting the case on that ground.





which ma! e or has een taFen in execution of the decree or for the pa!ment of the value of such propert!and for the due performance of the decree or order of the Appellate Court or the Appellate Court ma! for liFecause direct the Court which passed the decree to taFe such securit!.

>9? Where an order has een made for the sale of immovale propert! in execution of a decree and anappeal is pending from such decree the sale shall on the application of the Gudgment# detor to the Courtwhich made the order e sta!ed on such terms as to giving securit! or otherwise as the Court thinFs fit untilthe appeal is disposed of.

3 . *o securit! to e reDuired from the 1overnment or a pulic officer in certain cases. Rep. ! the A.6.$,-3.

% . Exercise of powers in appeal from order made in execution of decreeI 0he powers conferred ! rules and 2 shall e exercisale where an appeal ma! e or has een preferred not from the decree ut from anorder made in execution of such decree.

&rocedure on admission of appeal

, . Registr! of memorandum of appealI >$? Where a memorandum of appeal is admitted the AppellateCourt or the proper officer of that Court shall endorse thereon the date of presentation and shall register theappeal in a ooF to e Fept for the purpose.

>9? Register of AppealsISuch ooF shall e called the Register of Appeals.

$< . Appellate Court ma! reDuire appellant to furnish securit! for costsI >$? 0he Appellate Court ma! in itsdiscretion either efore the respondent is called upon to appear and answer or afterwards on the applicationof the respondent demand from the appellant securit! for the costs of the appeal or of the original suit or ofoth"

Where appellant resides out of (ndiaI&rovided that the Court shall demand such securit! in all cases inwhich the appellant is residing out of (ndia and is not possessed of an! sufficient immovale propert! within(ndia other than the propert! >if an!? to which the appeal relates.

>9? Where such securit! is not furnished within such time as the Court orders the Court shall reGect theappeal.

$$ . &ower to dismiss appeal without sending notice to 'ower CourtI >$? 0he Appellate Court after sendingfor the record if it thinFs fit so to do and after fixing a da! for hearing the appellant or his pleader and hearing

him accordingl! if he appears on that da! ma! dismiss the appeal without sending notice to the Court fromwhose decree the appeal is preferred and without serving notice on the respondent or his pleader.

>9? (f on the da! fixed or an! other da! to which the hearing ma! e adGourned the appellant does not appearwhen the appeal is called on for hearing the Court ma! maFe an order that the appeal e dismissed.

>-? 0he dismissal of an appeal under this rule shall e notified to the Court from whose decree the appeal ispreferred.

@4<9 @>4? Where an Appellate Court not eing the High Court dismisses an appeal under su#rule >$? itshall deliver a Gudgment recording in rief its grounds for doing so and a decree shall e drawn up inaccordance with the Gudgment.

@4<-@$$A . 0ime within which hearing under rule $$ should e concludedI Ever! appeal shall e heardunder rule $$ as expeditiousl! as possile and endeavour shall e made to conclude such hearing withinsixt! da!s from the date on which the memorandum of appeal is filed.

$9 . 7a! for hearing appealI >$? /nless the Appellate Court dismisses the appeal under rule $$ it should fixa da! for hearing the appeal.

>9? Such da! shall e fixed with reference to the current usiness of the Court the place of residence of therespondent and the time necessar! for the service of the notice of appeal so as to allow the respondentsufficient time to appear and answer the appeal on such da!.

$- . Appellate Court to give notice to Court whose decree appealed fromI >$? Where the appeal is notdismissed under rule $$ the Appellate Court shall send notice of the appeal to the Court from whose decreethe appeal is preferred.



>9? 0ransmission of papers to Appellate CourtIWhere the appeal is from the decree of a Court the recordsof which are not deposited in the Appellate Court the Court receiving such notice shall send with allpracticale despatch all material papers in the suit or such papers as ma! e speciall! called for ! the

Appellate Court.

>-? Copies of exhiits in Court whose decree appealed fromIEither part! ma! appl! in writing to the Courtfrom whose decree the appeal is preferred specif!ing an! of the papers in such Court of which he reDuirescopies to e made; and copies of such papers shall e made at the expense of and given to the applicant.

$4 . &ulication and service of notice of da! for hearing appealI >$? *otice of the da! fixed under rule $9shall e affixed in the Appellate Court#house and a liFe notice shall e sent ! the Appellate Court to theCourt from whose decree the appeal is preferred and shall e served on the respondent or on his pleader inthe Appellate Court in the manner provided for the service on a defendant of a summons to appear andanswer; and all the provisions applicale to such summons and to proceedings with reference to the servicethereof shall appl! to the service of such notice.

>9? Appellate Court ma! itself cause notice to e servedI(nstead of sending the notice to the Court fromwhose decree the appeal is preferred the Appellate Court ma! itself cause the notice to e served on therespondent or his pleader under the provisions aove referred to.

@4<4 @>-? 0he notice to e served on the respondent shall e accompanied ! a cop! of the memorandum ofappeal.

>4? *otwithstanding an!thing to the contrar! contained in su# rule >$? it shall not e necessar! to servenotice of an! proceeding incidental to an appeal on an! respondent other than a person impleaded for thefirst time in the Appellate Court unless he has appeared and filed an address for the service in the Court offirst instance or has appeared in the appeal.

>? *othing in su#rule >4? shall ar the respondent referred to in the appeal from defending it.

$ . Contents of noticeI 0he notice to the respondent shall declare that if he does not appear in the Appellate Court on the da! so fixed the appeal will e heard ex parte.

&rocedure on hearing

$2 . Right to eginI >$? 6n the da! fixed or on an! other da! to which the hearing ma! e adGourned theappellant shall he heard in support of the appeal.

>9? 0he Court shall then if it does not dismiss the appeal at once hear the respondent against the appealand in such case the appellant shall e entitled to repl!.

$3 . 7ismissal of appeal for appellants defaultI >$? Where on the da! fixed or on an! other da! which thehearing ma! e adGourned the appellant does not appear when the appeal is called on for hearing the Courtma! maFe an order that the appeal e dismissed.

@4< @ExplanationI*othing in this su#rule shall e construed as empowering the Court to dismiss theappeal on the merits.

>9? Hearing appeal =(ex parte=IWhere the appellant appears and the respondent does not appear theappeal shall e heard ex parte

$% . 7ismissal of appeal where notice not served in conseDuence of appellantKs failure to deposit costsIWhere on the da! fixed or on an! other da! to which the hearing ma! e adGourned it is found that thenotice to the respondent has not een served in conseDuence of the failure of the appellant to deposit withinthe period fixed the sum reDuired to defra! the costs of serving the notice @4<2@or if the notice is returnedunserved and it is found that the notice to the respondent has not een issued in conseDuence of the failureof the appellant to deposit within an! suseDuent period fixed the sum reDuired to defra! the cost of an!further attempt to serve the notice the Court ma! maFe an order that the appeal e dismissed"

&rovided that no such order shall e made although the notice has not een served upon the respondent ifon an! such da! the respondent appears when the appeal is called on for hearing.

$, . Re#admission of appeal dismissed for defaultI Where an appeal is dismissed under rule $$ su#rule>9? or rule $3 or rule $% the appellant ma! appl! to the Appellate Court for the re#admission of the appeal;and where it is proved that he was prevented ! an! sufficient cause from appearing when the appeal was



called on for hearing or from depositing the sum so reDuired the Court shall re#admit the appeal on suchterms as to costs or otherwise as it thinFs fit.

9< . &ower to adGourn hearing and direct persons appearing interested to e made respondentsI @4<3@>$?Where it appears to the Court at the hearing that an! person who was a part! to the suit in the Court fromwhose decree the appeal is preferred ut who has not een made a part! to the appeal is interested in theresult of the appeal the Court ma! adGourn the hearing to a future da! to e fixed ! the Court and direct thatsuch person e made a respondent.

@4<% @>9? *o respondent shall e added under this rule after the expir! of the period of limitation for appealunless the Court for reasons to e recorded allows that to e done on such terms as to costs as it thinFsfit.

9$ . Re#hearing on application of respondent against whom =(ex parte decree madeI Where an appeal isheard ex parte and Gudgment is pronounced against the respondent he ma! appl! to the Appellant Court tore#hear the appeal; and if he satisfies the Court that the notice was not dul! served or that he was prevented! sufficient cause from appearing when the appeal was called on for hearing the Court shall re#hear theappeal on such terms as to costs or otherwise as it thinFs fit to impose upon him.

99 . /pon hearing respondent ma! oGect to decree as if he had preferred a separate appealI >$? An!respondent though he ma! not have appealed from an! part of the decree ma! not onl! support the decree@4<,@ut ma! also state that the finding against him in the Court elow in respect of an! issue ought to have

een in his favour; and ma! also taFe an! cross#oGection to the decree which he could have taFen ! wa!of appeal provided he has filed such oGection in the Appellant Court within one month from the date ofservice on him or his pleader of notice of the da! fixed for hearing the appeal or within such further time asthe Appellate Court ma! see fit to allow.

@4$< @ExplanationIA respondent aggrieved ! a finding of the Court in the Gudgment on which the decreeappealed against is ased ma! under this rule file cross#oGection in respect of the decree in so far as it isased on that finding notwithstanding that ! reason of the decision of the Court on an! other finding whichis sufficient for the decision of the suit the decree is wholl! or in part in favour of that respondent.

>9? :orm of oGection and provisions applicale theretoISuch cross#oGection shall e in the form of amemorandum and the provisions of rule $ so far as the! relate to the form and contents of thememorandum of appeal shall appl! thereto.

>-? /nless the respondent files with the oGection a written acFnowledgement from the part! who ma! e

affected ! such oGection or his pleader of having received a cop! thereof the Appellate Court shall cause acop! to e served as soon as ma! e after the filing of the oGection on such part! or his pleader at theexpense of the respondent.

>4? Where in an! case in which an! respondent has under this rule filed a memorandum of oGection theoriginal appeal is withdrawn or is dismissed for default the oGection so filed ma! nevertheless e heard anddetermined after such notice to the other parties as the Court thinFs fit.

>? 0he provisions#relating to appeal ! indigent persons shall so far as the! can e made applicale appl!to an oGection under this rule.

9- . Remand of case ! Appellate CourtI Where the Court from whose decree an appeal is preferred hasdisposed of the suit upon a preliminar! point and the decree is reversed in appeal the Appellate Court ma! if it thinFs fit ! order remand the case and ma! further direct what issue or issues shall e tried in the case

so remanded and shall send a cop! of its Gudgment and order to the Court from whose decree the appeal ispreferred which directions to re#admit the suit under its original numer in the register of civil suits andproceed to determine the suit; and the evidence >if an!? recorded during the original trial shall suGect to all

Gust exceptions e evidence during the trial after remand.

@4$$@9-A . Remand in other casesI Where the Court from whose decree an appeal is preferred hasdisposed of the case otherwise than on a preliminar! point and the decree is reversed in appeal and a re#trial is considered necessar! the Appellate Court shall have the same powers as it has under rule 9-.

94 . Where evidence on record sufficient Appellate Court ma! determine case finall!I Where the evidenceupon the record is sufficient to enale the Appellate Court to pronounce Gudgment the Appellate Court ma!after resettling the issues if necessar! finall! determine the suit notwithstanding that the Gudgment of the



Court from whose decree the appeal is preferred has proceeded wholl! upon some ground other than that onwhich Appellate Court proceeds.

9 . Where Appellate Court ma! frame issues and refer them for trial to Court whose decree appealed fromIWhere the Court from whose decree the appeal is preferred has omitted to frame or tr! an! issue or todetermine an! Duestion of fact which appears to the Appellate Court essential to the right decision of the suitupon the merits the Appellate Court ma! if necessar! frame issues and refer the same for trial to the Courtfrom whose decree the appeal is preferred and in such case shall direct such Court to taFe the additional

evidence reDuired;

and such Court shall proceed to tr! such issues and shall return the evidence to the Appellate Court together with its findings thereon and the reasons therefor @4$9@within such time as ma! e fixed ! the AppellateCourt or extended ! it from time to time.

92 . :inding and evidence to e put on record. 6Gections to findingI >$? Such evidence and findings shallform part of the record in the suit; and either part! ma! within a time to e fixed ! the Appellate Courtpresent a memorandum of oGections to an! finding.

>9? 7etermination of appealIAfter the expiration of the period so f ixed for presenting such memorandum the Appellate Court shall proceed to determine the appeal.

@4$-@92A . 6rder of remand to mention date of next hearingI Where the Appellate Court remands a caseunder rule 9- or rule 9-A or frames issues and refers them for trial under rule 9 it shall fix a date for the

appearance of the parties efore the Court from whose decree the appeal was preferred for the purpose ofreceiving the directions of that Court as to further proceedings in the suit.

93 . &roduction of additional evidence in Appellate CourtI >$? 0he parties to an appeal shall not e entitledto produce additional evidence whether oral or documentar! in the Appellate Court =ut ifI

>a? the Court from whose decree the appeal is preferred has refused to admit evidence which ought to haveeen admitted or

@4$4 @>aa? the part! seeFing to produce additional evidence estalishes that notwithstanding the exercise ofdue diligence such evidence was not within his Fnowledge or could not after the exercise of due diligencee produced ! him at the time when the decree appealed against was passed or

>? the Appellate Court reDuires an! document to e produced or an! witness to e examined to enale it to

pronounce Gudgment or for an! other sustantial causethe Appellate Court ma! allow such evidence or document to e produced or witness to e examined.

>9? Wherever additional evidence is allowed to e produced ! an Appellate Court the Court shall record thereason for its admission.

9% . )ode of taFing additional evidenceI Wherever additional evidence is allowed to e produced the Appellate Court ma! either taFe such evidence or direct the Court from whose decree the appeal ispreferred or an! other suordinate Court to taFe such evidence and to send it when taFen to the AppellateCourt.

9, . &oints to e defined and recordedI Where additional evidence is directed or allowed to e taFen the Appellate Court shall specif! the points to which the evidence is to e confined and record on its proceedingsthe points so specified.

Judgment in appeal

-< . Judgment when and where pronouncedI @4$@>$? 0he Appellate Court after hearing the parties ortheir pleaders and referring to an! part of the proceedings whether on appeal or in the Court from whosedecree the appeal is preferred to which reference ma! e considered necessar! shall pronounce Gudgmentopen Court either at once or on some future da! of which notice shall e given to the parties or theirpleaders.

@4$2 @>9? Where a written Gudgment is to e pronounced it shall e sufficient if the points for determinationthe decision thereon and the final order passed in the appeal are read out and it shall not e necessar! forthe Court to read out the whole Gudgment ut a cop! of the whole Gudgment shall e made availale for theperusal of the parties or their pleaders immediatel! after the Gudgment in pronounced.



-$ . Contents date and signature of GudgmentI 0he Gudgment of the Appellate Court shall e in writing andshall stateI

>a? the points for determination;

>? the decision thereon;

>c? the reasons for the decision; and

>d? where the decree appealed from is reversed or varied the relief to which the appellant is entitled andshall at the time that it is pronounced e signed and dated ! the Judge or ! the Judges concurring therein.

-9 . What Gudgment ma! directI 0he Gudgment ma! e for confirming var!ing or reversing the decree fromwhich the appeal is preferred or if the parties to the appeal agree as to the form which the decree in appealshall taFe or as to the order to e made in appeal the Appellate Court ma! pass a decree or maFe an orderaccordingl!.

-- . &ower of Court of AppealI 0he Appellate Court shall have power to pass an! decree and maFe an!order which ought to have een passed or made and to pass or maFe such further or other decree or orderas the case ma! reDuire and this power ma! e exercised ! the Court notwithstandng that the appeal is asto part onl! of the decree and ma! e exercised in favour of all or an! of the respondents or parties althoughsuch respondents or parties ma! not have filed an! appeal or oGection @4$3@and ma! where there haveeen decrees in cross#suits or where two or more decrees are passed in one suit e exercised in respect of

all or an! of the decrees although an appeal ma! not have een filed against such decrees"

@4$% @&rovided that the Appellate Court shall not maFe an! order under section -A in pursuance of an!oGection on which the Court from whose decree the appeal is preferred has omitted or refused to made suchorder.

(llustration

A claims a sum of mone! as due to him from 5 or + and in a suit against oth otains a decree against 5. 5appeals and A and + are respondents. 0he Appellate Court decides in favour of 5. (f has power to pass adecree against +.

-4 . 7essent to e recordedI Where the appeal is heard ! more Gudges that one an! Gudge dissentingfrom the Gudgment of the court shall state in writing the decision or order which he thinFs should e passedon the appeal and he ma! state his reasons for the same.

7ecree in appeal

- . 7ate and contents of decreeI >$? 0he decree of the Appellate Court shall ear date the da! of which the Gudgment was pronounced.

>9? 0he decree shall contain the numer of the appeal the names and descriptions of the appellant andrespondent and a clear specification of the relief granted or other adGudication made.

>-? 0he decree shall also state the amount of costs incurred in the appeal and ! whom or out of whatpropert! and in what proportions such costs and the costs in the suit are to e paid.

>4? 0he decree shall e signed and dated ! the Judge or Judges who passed it"

Judge dissenting from Gudgment need not sign decreeI&rovided that where there are more Judges than one

and there is a difference of opinion among them it shall not e necessar! for an! Judge dissenting from the Gudgment of the Court to sign the decree.

-2 . Copies of Gudgment and decree to e furnished to partiesI Certified copies of the Gudment and decree inappeal shall e furnished to the parties on application to the Appellate Court and at their expense.

-3 . Certified cop! of decree to e sent to Court whose decree appealed fromI A cop! of the Gudgment andof the decree certified ! the Appellate Court or such officer as it appoints in this ehalf shall e sent to theCourt which passed the decree appealed from and shall e filed with the original proceedings in the suit andan entr! of the Gudgment of the Appellate Court shall e made in the register of civil suits.

ORDER )#II&APPEA#S +RO$ APPE##ATE DECREES



$ . &rocedureI 0he rules of 6rder 5'( shall appl! so far as ma! e to appeals from appellate decrees.

@4$,@9 . &ower of Court to direct that the appeal e heard on the Duestion formulated ! itI At the time ofmaFing an order under rule $$ or 6rder 5'( for the hearing of a second appeal the Court shall formulate thesustantial Duestion of law as reDuired ! section $<< and in doing so the Court ma! direct that the secondappeal e heard on the Duestion so formulated and it shall not e open to the appelant to urge an! otherground in the appeal without the leave of the Court given in accordance with the provision of section $<<.

- . Application of rule $4 of 6rder 5'(I Reference in su#rule >4? of rule $4 of 6rder 5'( to the Court of firstinstance shall in the case of an appeal from an appellate decree or order e construed as a reference to theCourt to which the appeal was preferred from the original decree or order.

ORDER )#III&APPEA#S +RO$ ORDERS

$ . Appeal from ordersI An appeal shall lie from the following orders under the provisions of section $<4namel!"I

>a? an order under rule $< of 6rder 8(( returning a plaint to e presented to the proper Court @49<@exceptwhere the procedure specified in rule $<A of 6rder 8(( has een followed;

@49$

>c? an order under rule , of 6rder (5 reGecting an application >in a case open to appeal? for an order to setaside the dismissal of a suit;

>d? an order under rule $- of 6rder (5 reGecting an application >in a case open to appeal? for an order to setaside a decree passed ex parte

@499

>f? an order under rule 9$ of 6rder 5(;

@49-

>i? an order under rule -4 of 6rder 55( on an oGection to the draft of a document or of an endorsement;

>G? an order under rule 39 or rule ,9 of 6rder 55( setting aside or refusing to set aside a sale;

@494 @>Ga? an order reGecting an application made under su#rule >$? of rule $<2 of 6rder 55( provided that

an order on the original application that is to sa! the application referred to in su#rule >$? of rule $< of that6rder is appealale.

>F? an order under rule , of 6rder 55(( refusing to set aside the aatement or dismissal of a suit;

>l? an order under rule $< of 6rder 55(( giving or refusing to give leave;

@49

>n? an order under rule 9 of 6rder 558 reGecting an application >in a case open to appeal? for an order to setaside the dismissal of a suit;

@492 @>na? an order under rule or rule 3 of 6rder 555((( reGecting an application for permission to sue as anindigent persons"

@493

>p? orders in interpleader#suits under rule rule 4 or rule 2 or 6rder 5558;

>D? an order under rule 9 rule - or rule 2 of 6rder 5558(((;

>r? an order under rule $ rule 9 @49%@rule 9A rule 4 or rule $< of 6rder 555(5;

>s? an order under rule $ or rule 4 of 6rder 5';

>t? an order of refusal under rule $, of 6rder 5'( to re#admit or under rule 9$ of 6rder 5'( to re#hear anappeal;



>u? an order rule 9- @49,@or rule 9-A of 6rder 5'( remanding a case where an appeal would lie from thedecree of the Appellate Court;

@4-<

>w? an order under rule 4 of 6rder 5'8(( granting an application for review.

@4-$@$A . Right to challenge non#appealale orders in appeal against decreeI >$? Where an! order is madeunder this Code against a part! and there upon an! Gudgment is pronounced against such part! and a decree

is drawn up such part! ma! in an appeal against the decree contend that such order should not have eenmade and the Gudgment should not have een pronounced.

>9? (n an appeal against a decree passed in a suit after recording a compromise or refusing to record acompromise it shall e open to the appellant to contest the decree on the ground that the compromiseshould or should not have een recorded.

9 . &rocedureI 0he rules of 6rder 5'( shall appl! so far as ma! e to appeals from orders.

ORDER )#I*&;<2APPEA#S B% INDIENT PERSONS2

$ . Who ma! appeal @4--@as an indigent personI >$? An! person entitled to prefer an appeal who is unaleto pa! the fee reDuired for the memorandum of appeal ma! present an application accompanied ! amemorandum of appeal and ma! e allowed to appeal as an @4-4@indigent person suGect in all mattersincluding the presentation of such application to the provisions relating to suits ! @4-@indigent person inso far as those provisions are applicale.

&roviso omitted ! Act *o. 22 of $,2 s. $4.

@4-2

@4-3@9 . 1rant of time for pa!ment of court#feeI Where an application is reGected under rule $ the Courtma! while reGecting the application allow the applicant to pa! the reDuisite Court#fee within such time asma! e fixed ! the Court or extended ! it from time to time; and upon such pa!ment the memorandum ofappeal in respect of which such fee is pa!ale shall have the same force and effect as if such fee has eenpaid in the first instance.

- . (nDuir! as to whether applicant is an indigent personI >$? Where an applicant referred to in rule $ wasallowed to sue or appeal as an indigent person in the Court from whose decree the appeal is preferred no

further inDuir! in respect of the Duestion whether or not he is an indigent person shall e necessar! if theapplicant has made an affidavit stating that he has not ceased to e an indigent person since the date of thedecree appealed from; ut if the 1overnment pleader or the respondent disputes the truth of the statementmade in such affidavit an inDuir! into the Duestion aforesaid shall e held ! the Appellate Court or underthe orders of the Appellate Court ! an officer of the Court.

>9? Where the applicant referred to in rule $$ is alleged to have ecome an indigent person since the date of the decree appealed from the inDuir! into the Duestion whether or not he is an indigent person shall e made! the Appellate Court or under the orders of the Appellate Court ! an officer of that Court unless the

Appellate Court considers it necessar! in the circumstances of the case that the inDuir! should e held ! theCourt from whose decision the appeal is preferred.

ORDER )#*& APPEA#S TO T-E S'PRE$E CO'RT

$ . 7ecree definedI (n this 6rder unless there is something repugnant in the suGect or context theexpression decree shall include a final order.

9 . Application to Court whose complained ofI @4-%@>$? Whoever desires to appeal the Supreme Court shallappl! ! petition to the Court whose decree is complained of.

@4-, @>9? Ever! petition under su#rule >$? shall e heard as expeditiousl! as possile and endeavour shalle made to conclude the disposal of the petition within sixt! da!s from the date on which the petition ispresented to the Court under su#rule >$?.

S0A0E A)E*7)E*0S



/ttar &radesh.I (n its application to the State of /ttar &radesh in rule 9 after su#rule >9? the following su#rule e inserted namel!"I

>-? *otwithstanding an!thing contained in su#rule >$? whoever desires to appeal to the Supreme Courtma! appl! orall! to the Court whose decree is to e complained of immediatel! efore or after thepronouncement of the Gudgment ! the Court for a certificate contemplated in su#rule >$? of rule - and theCourt ma! either grant or refuse the certificate or direct the applicant to file petition as reDuired ! su#rule>$?"

&rovided that if an oral application is entertained and reGected no written petition under su#rule >$? shall lie.

@/.&. Act 3 of $,32.

- . Certificate as to value or fitnessI@44<@>$? Ever! petition shall state the grounds of appeal and pra! for acertificateI

>i? that the case involves a sustantial Duestion of law of general importance and

>ii? that in the opinion of the Court the said Duestion needs to e decided ! the Supreme Court.

>9? /pon receipt of such petition the Court shall direct notice to e served on the opposite part! to showcause wh! the said certificate should not e granted.

4 . @Consolidation of suits. Rep. ! the Code of civil &rocedure >Amendment? Act$,3- >4, of $,3-? s. 4

>w.e.f. $#9# $,33?.

. @Remission of dispute to Court of first instance. Rep. ! s. 4 iid >w.e.f. $#9#$,33?.

2 . Effect of refusal of certificateI Where such certificate is refused the petition shall e dismissed.

3 . Securit! and deposit reDuired on grant of certificateI >$? Where the certificate is granted the applicantshall within ninet! da!s or such further period not exceeding sixt! da!s as the Court ma! upon causeshown allow; from the date of the decree complained of or within six weeFs from the date of the grant of thecertificate whichever is the later dateI

>a? furnish securit! in cash or in 1overnment securities for the costs of the respondent and

>? deposit the amount reDuired to defra! the expense of translating transcriing indexing printing andtransmitting to the Supreme Court a correct cop! of the whole record of the suit exceptI

>$? formal documents directed to e excluded ! an! Rule of the Supreme Court in force for the time eing;

>9? papers which the parties agree to exclude;

>-? accounts or portions of accounts which the officer empowered ! the Court for that purpose considersunnecessar! and which the parties have not specificall! asFed to e included; and

>4? such other documents as the High Court ma! direct to e excluded"

&rovided that the Court at the time of granting the certificate ma! after hearing an! opposite part! whoappears order on the ground of special hardship that some other form of securit! ma! e furnished"

&rovided further that no adGournment shall e granted to an opposite part! to contest the nature of suchsecurit!.

% . Admission of appeal and procedure thereonI Where such securit! has een furnished and deposit madeto the satisfaction of the Court the Court shallI

>a? declare the appeal admitted

>? give notice thereof to the respondent

>c? transmit to the Supreme Court under the seal of the Court a correct cop! of the said record except asaforesaid and

>d? give to either part! one or more authenticated copies of an! of the papers in the suit on his appl!ingtherefore and pa!ing the reasonale expenses incurred in preparing them.



, . Revocation of acceptance of securit!I At an! time efore the admission of the appeal the Court ma!upon cause shown revoFe the acceptance of an! such securit! and maFe further directions thereon.

,A . &ower to dispense with notices in case of deceased partiesI *othing in these rules reDuiring an! noticeto e served on or given to an opposite part! or respondent shall e deemed to reDuire an! notice to eserved on or given to the legal representative of an! deceased opposite part! or deceased respondent in acase where such opposite part! or respondent did not appear either at the hearing in the Court whosedecree is complained of or at an! proceedings suseDuent to the decree of that Court"

&rovided that notices under su#rule >9? of rule - and under rule % shall e given ! affixing the same insome conspicuous place in the court#house of the Judge of the district in which the suit was originall!rought and ! pulication in such newspapers as the Court ma! direct.

$< . &ower to order further securit! or pa!mentI Where at an! time after the admission of an appeal utefore the transmission of the cop! of the record except as aforesaid to the Supreme Court such securit!appears inadeDuate

or further pa!ment is reDuired for the purpose of translating transcriing printing indexing or transmitting thecop! of the record except as aforesaid

the Court ma! order the appellant to furnish within a time to e fixed ! the Court other and sufficientsecurit! or to maFe within except as aforesaid.

$$ . Effect of failure to compl! with orderI Where the appellant fails to compl! with such order theproceedings shall e sta!ed

and the appeal shall not proceed without an order in this ehalf of the Supreme Court

and in the meantime execution of the decree appealed from shall not e sta!ed.

$9 . Refund of alance depositI When the cop! of the record except as aforesaid has een transmitted tothe Supreme Court the appellant ma! otain a refund of the alance >if an!? of the amount which he haddeposited under rule 3.

$- . &owers of Court pending appealI >$? *otwithstanding the grant of a certificate for the admission of an!appeal the decree appealed from shall e unconditionall! executed unless the Court otherwise directs.

>9? 0he Court ma! if it thinFs fit on special cause shown ! an! part! interested in the suit or otherwise

appearing to the courtI

>a? impound an! movale propert! in dispute or an! part thereof or

>? allow the decree appealed from to e executed taFing such securit! from the respondent as the CourtthinFs fit for the due performance of an! order which the Supreme Court ma! maFe on the appeal or

>c? sta! the execution of the decree appealed from taFing such securit! from the appellant as the CourtthinFs fit for the due performance of the decree appealed from or of an! decree or order which the SupremeCourt ma! maFe on the appeal or

>d? place an! part! seeFing the assistance of the Court under such conditions or give such other directionrespecting the suGect#matter of the appeal as it thinFs fit ! the appointment of a receiver or otherwise.

$4 . (ncrease of securit! found inadeDuateI >$? Where at an! time during the pendenc! of the appeal the

securit! furnished ! either part! appears inadeDuate the Court ma! on the application of the other part!reDuire further securit!.

>9? (n default of such further securit! eing furnished as reDuired ! the CourtI

>a? if the original securit! was furnished ! the appellant the Court ma! on the application of the respondentexecute the decree appealed from as if the appellant had furnished no such securit!;

>? if the original securit! was furnished ! the respondent the Court shall so far as ma! e practicale sta!the further execution of the decree and restore the parties to the position in which the! respectivel! werewhen the securit! which appears inadeDuate was furnished or give such direction respectiong the suGect#matter of the appeal as it thinFs fit.



$ . &rocedure to enforce orders of the Supreme CourtI >$? Whoever desires to otain execution of an!decree or order of the Supreme Court shall appl! ! petition accompanied ! a certified cop! of the decreepassed or order made in appeal and sought to e executed to the Court from which the appeal to theSupreme Courts was preferred.

>9? Such Court shall transmit the decree or order of the Supreme Court to the Court which passed the firstdecree appealed from or to such other Court as the Supreme Court ! such decree or order ma! direct andshall >upon the application of either part!? give such directions as ma! e reDuired for the execution of the

same; and the Court to which the said decree or order is so transmitted shall execute it accordingl! in themanner and according to the provisions applicale to the execution of its original decrees.

>4? /nless the Supreme Court otherwise directs no decree or order of that Court shall e inoperative on theground that no notice has een served on or given to the legal representative of an! deceased opposite part!or deceased respondent in a case where such opposite part! or respondent did not appear either at thehearing in the Court whose decree was complained of or at an! proceedings suseDuent to the decree ofthat Court ut such order shall have the same force and effect as if it had een made efore the death tooFplace.

$2 . Appeal from order relating to executionI 0he orders made ! the Court which executes the decree ororder of the Supreme Court relating to such execution shall e appealale in the same manner and suGectto the same rules as the orders of such Court relating to the execution of its own decrees.

$3. @Appeals to :ederal Court. Rep. ! the :ederal Court $,4$ >9$ of $,4$? s. 9ORDER )#*I&RE+ERENCE

$ . Reference of Duestion to High CourtI Where efore or on the hearing of a suit or an appeal in which thedecree is not suGect to appeal or where in the execution of an! such decree an! Duestion of law or usagehaving the force of law arises on which the Court tr!ing the suit or appeal or executing the decreeentertains reasonale dout the Court ma! either of its own motion or on the application of an! of theparties draw up a statement of the facts of the case and the point on which dout is entertained and refersuch statement with its own opinion on the point for the decision of the High Court.

9 . Court ma! pass decree contingent upon decision of High CourtI 0he Court ma! either sta! theproceedings or proceed in the case notwithstanding such reference and ma! pass a decree or maFe anorder contingent upon the decision of the High Court on the point referred;

=ut no decree or order shall e executed in an! case in which such reference is made until the receipt of acop! of the Gudgment of the High Court upon the reference.

- . Judgment of High Court to e transmitted and case disposed of accordingl!I 0he High Court afterhearing the parties if the! appear and desire to e heard shall decide the point so referred and shalltransmit a cop! of its Gudgment under the signature of the Registrar to the Court ! which the reference wasmade; and such Court shall on the receipt thereof proceed to dispose of the case in conformit! with thedecision of the High Court.

4 . Costs of reference to High CourtI 0he costs >is an!? conseDuent on a reference for the decision of theHigh Court shall e costs in the case.

4A . Reference to high Court under proviso to section $$-I 0he provisions of rules 9 - and 4 shall appl! toan! reference ! the Court under the proviso to section $$- as the! appl! to a reference under rule $.

. &ower to alter etc. decree of Court maFing referenceI Where a case is referred to the High Court under rule $ or under the proviso to section $$- the High Court ma! return the case for amendment and ma! altercancel or set aside an! decree or order which the Court maFing the reference has passed or made in thecase out of which the reference arose and maFe such order as it thinFs fit.

2 . &ower to refer to High Court Duestions as to Gurisdiction in small causesI >$? Where at an! time efore Gudgment a Court in which a suit has een instituted douts whether the suit is cogniale ! a Court ofSmall Causes or is not so cogniale it ma! sumit the record to the High Court with a statement of itsreasons for the dout as to the nature of the suit.



>9? 6n receiving the record and statement the High Court ma! order the Court either to proceed with the suitor to return the plaint for presentation to such other Court as it ma! in its order declare to e competent totaFe cogniance of the suit.

3 . &ower to 7istrict Court to sumit for revision proceeding had under mistaFe as to Gurisdiction in smallcausesI >$? Where it appears to a 7istrict Court that a Court suordinate thereto has ! reason oferroneousl! holding a suit to e cogniale ! a Court of small Causes or not to e so cogniale failed toexercise a Gurisdiction vested in it ! law or exercised a Gurisdiction not so vested the 7istrict Court ma! and

if reDuired ! a part! shall sumit the record to the High Court with a statement of its reasons for consideringthe opinion of the suordinate Court with respect to the nature of the suit to e erroneous.

>9? 6n receiving the record and statement the High Court ma! maFe such order in the case as it thinFs fit.

>-? With respect to an! proceeding suseDuent to decree in an! case sumitted to the High Court under thisrule the High Court ma! maFe such order as in the circumstance appears to it to e Gust and proper.

>4? A Court suordinate to a 7istrict Court shall compl! with an! reDuisition which the 7istrict Court ma!maFe for an! record or information for the purposes of this rule.

ORDER )#*II& RE*IE

$ . Application for review of GudgmentI >$? An! person considering himself aggrievedI

>a? ! a decree or order from which an appeal is allowed ut from which no appeal has een preferred

>? ! a decree or order from which no appeal is allowed or

>c? ! a decision on a reference from a Court of Small Causes

and who from the discover! of new and important matter or evidence which after the exercise of duediligence was not within his Fnowledge or could not e produced ! him at the time when the decree waspassed or order made or on account of some mistaFe or error apparent on the face of the record of for an!other sufficient reason desires to otain a review of the decree passed or order made against him ma!appl! for a review of Gudgment to the Court which passed the decree or made the order.

>9? A part! who is not appealing from a decree or order ma! appl! for a review of Gudgment notwithstandingthe pendenc! of an appeal ! some other part! except where the ground of such appeal is common to theapplicant and the appellant or when eing respondent he can present to the Appellate Court the case on

which he applies for the review.

@44$ @ExplanationI0he fact that the decision on a Duestion of law on which the Gudgment of the Court isased has een reversed or modified ! the suseDuent decision of a superior Court in an! other case shallnot e a ground for the review of such Gudgment.

9 . @0o whom applications for review ma! e made. Rep. ! the Code of Civil &rocedure >Amendment? Act$,2 >22 of $,2? s. $4.

- . :orm of applications for reviewI 0he provisions as to the form of preferring appeals shall appl! mutatismutandis to applications for review.

4 . Application where reGectedI >$? Where it appear to the Court that there is not sufficient ground for areview it shall reGect the application.

>9? Application where grantedIWhere the Court is of opinion that the application for review should egranted it shall grant the same"

&rovided thatI

>a? no such application shall e granted without previous notice to the opposite part! to enale him to appear and e heard in support of the decree or order a review of which is applied for; and

>? no such application shall e granted on the ground of discover! of new matter or evidence which theapplicant alleges was not within his Fnowledge or could not e adduced ! him when the decree or orderwas passed or made without strict proof of such allegation.



. Application for review in Court consisting of two or more GudgesI Where the Judge or Judges or an! oneof the Gudges who passed the decree or made the order a review of which is applied for continues orcontinued attached to the Court at the time when the application for a review is presented and is not or notprecluded ! asence or other cause for a period of six months next after the application from consideringthe decree or order to which the application refers such Judge or Judges or an! of them shall hear theapplication and no other Judge or Judges of the Court shall hear the same.

2 . Application where reGectedI >$? Where the application for a review is heard ! more than one Gudge and

the Court is eDuall! divided the application shall e reGected.

>9? Where there is a maGorit! the decision shall e according to the opinion of the maGorit!.

3 . 6rder of reGection not appealale. 6Gections to order granting applicationI @449@>$? An order of theCourt reGecting the application shall not e appealale; ut an order granting an application ma! e oGectedto at once ! an appeal from the order granting the application or in an appeal from the decree or orderfinall! passed or made in the suit.

>9? Where the application has een reGected in conseDuence of the failure of the applicant to appear he m!appl! for an order to have the reGected application restored to the file and where it is proved to thesatisfaction of the Court that he was prevented ! an! sufficient cause from appearing when such applicationwas called on for hearing the Court shall order it to e restored to the file upon such terms as to costs orotherwise as it thinFs fit and shall appoint a da! for hearing the same.

>-? *o order shall e made under su#rule >9? unless notice of the application has een served on theopposite part!.

% . Registr! of application granted and order for re#hearingI When an application for review is granted anote thereof shall e made in the register and the Court ma! at once re#hear the case or maFe such order inregard to the re#hearing as it thinFs fit.

, . =ar of certain applicationI *o application to review an order made on an application for a review or adecree or order passed or made on a review shall e entertained.

ORDER )#*III&$ISCE##ANEO'S

$ . &rocess to e served at expense of part! issuingI >$? Ever! process issued under this Code shall eserved at the expense of the part! on whose ehalf it is issued unless the Court otherwise directs.

>9? Costs of serviceI0he court#fee chargeale for such service shall e paid within a time to e fixed eforethe process is issued.

9 . 6rders and notices how servedI All orders notices and other documents reDuired ! this Code to egiven to or served on an! person shall e served in the manner provided for the service of summons.

- . /se of forms in appendices.I 0he forms given in the appendices with such variation as thecircumstances or each case ma! reDuire shall e used for the purpose therein mentioned.

ORDER )#I)&C-ARTERED -I- CO'RTS

$ . Who ma! serve processes of High CourtI *otice to produce documents summonses to witnesses andever! other Gudicial process issued in the exercise of the original civil Gurisdiction of the High Court and of itsmatrimonial testamentar! and intestate Gurisdictions except summonses to defendants writs of executionand notices to respondents ma! e served ! the attorne!s in the suits or ! persons emplo!ed ! them or! such other persons as the High Court ! an! rule or order directs.

9 . Saving in respect of Chartered High CourtsI *othing in this Schedule shall e deemed to limit orotherwise affect an! rules in force at the commencement of this Code for the the taFing of evidence or therecording of Gudgments and orders ! a Chartered High Court.

- . Application of rulesI 0he following rules shall not appl! to an! Chartered High Court in the exercise of itsordinar! or extraordinar! original civil Gurisdiction namel!"I

>$? rule $< and rule $$ clauses >? and >c? of 6rder 8((;

>9? rule - of order 5;





against

C.7. >add descritption and residence? 7efendant

>9? 7ESCR(&0(6* 6: &AR0(ES (* &AR0(C/'AR CASES

@0he /nion of (nida or the State of as the case ma! e.

0he Advocate 1eneral of

0he Collector of

0he State of

0he A.=. Compan! 'imited having its registered office at

A.=. a pulic officer of the C.7. Compan!.

A.=. >add description and residence? on ehalf of himself and all other creditors of C.7.

late of >add description and residence?.

A.=. >add description and residence? on ehalf of himself and all other holders of deentures issued ! theCompan! 'imited

0he 6fficial Receiver

A.=. a minor >add description and residence? ! C.7. @or ! the Court of Wards his next friend.

A.=. >add description and residence? a person of unsound mind @or of weaF mind ! C.7. his next friend

A.=. a firm carr!ing on usiness in partnership at

A.=. >add description and residence? ! his constituted attorne! C.7. >add description and residence?

A.=. >add description and residence? sheait of 0haFur

A.=. >add description and residence? executor of C.7. deceased.

A.=. >add description and residence? heir of C.7. deceased.

>-? &'A(*0S*o. $

)one! 'ent

>0itle?

A.=. the aove#named plaintiff states as follows "

$. 6n the . . . . . . . . . . . . . . . . da! of $, . . . . . . . . . . . . . . . . . . . . . . . he lent the defendant rupees repa!aleon the . . . . . . . . . . . . . . . .da! of . . . . . . . . . . . . . . . .

9. 0he defendant has not paid the same except . . . . . . . . . . . . . . . .rupees paid on the . . . . . . . da! of . . . . .. . . . . . . . . . .$, . . . . . . . .

@(f the plaintiff claims exemption from an! law of limitation sa! "

-. 0he plaintiff was a minor @or insane from the . . . . . . . . . . . . . . . . da! of till . . . . . . . . .the . . . . . . . . . . . . . . . .da! of . . . . . . . . . . . . . . . .

4. @:acts showing when the cause of action arose and that the Court has Gurisdiction.

. 0he value of the suGect#matter of the suit for the purpose of Gurisdiction is . . . . . . . . . . . . . . . .rupees andfor the prupose of court#fees is . . . . . . . . . . . . . . . .rupees.

2. 0he plaintiff claims . . . . . . . . . . . . . . . .rupees with interest at . . . . . . . . . . . . . . . .per cent. fromthe . . . . . . . . . . . . . . . .da! of . . . . . . . . . . . . . . . .$, . . . . . . . .



*o. 9

)one! 6verpaid

>0itle?

A.=. the aove named plaintiff states as follows "I

$. 6n the . . . . . . da! of. . . . $,. . . the plaintiff agreed to u! and the defendant agreed to sell . . . . ars of

silver at. . . . annas per tola of fine silver.

9. 0he plaintiff procured the said ars to e assa!ed ! E.:. who was paid ! the defendant for such assa!and E.:. declared each of the ars to contain $<< tolas of fine silver and the plaintiff accordingl! paid thedefendant. . . rupees.

-. Each of the said ars contained onl! $9<< tolas of fine silver of which fact the plaintiff was ignorant whenhe made the pa!ment.

4. 0he defendant has not repaid the sum so overpaid.

@As in paras 4 and of :orm *o. $ and Relief claimed.

*o. -

1oods Sold at a :ixed &rice and 7elivered

>0itle?

A. =. the aove#named plaintiff states as follows "I

$. 6n the . . . . . . da! of. . . . . . . . .$,. . . . . . E.:. sold and delivered to the defendant @one hundred arrels of flour or the goods mentioned in the schedule hereto annexed or sundr! goods.

9. 0he defendant promised to pa! . . . . . . rupees for the said goods on deliver! @or or the . . . . . . da!of . . . . . . some da! efore the plaint was filed.

-. He has not paid the same.

4. E.:. died on the . . . . . . da! of $,. . . . . =! his last will he appointed his rother the plaintiff his executor.

@As in paras 4 and of :orm *o. $.

3. 0he plaintiff as executor of E.:. claims @Relief Claimed.

*o. 4

1oods Sold at a Reasonale &rice and 7elivered

>0itle?

A. =. the aove#named plaintiff states as follows"I

$. 6n the . . . . . . da! of. . . . . . . $,. . . plaintiff sold and delivered to the defendant @sundr! articles of house#furniture ut no express agreement was made as to the price.

9. 0he goods were reasonal! worth . . . . rupees.

-. 0he defendant has not paid the mone!.

@As in paras 4 and of :orm *o. $ and relief claimed.

*o.

1oods )ade at 7ependentKs ReDuest and not Accepted

>0itle?

A. =. the aove#named plaintiff states as follows"#



$. 6n the . . . . . . da! of . . . . . . $,. . . E.:. agreed with the plaintiff that the plaintiff should maFe for him @sixtales and fift! chairs and that E.:. should pa! for the goods on deliver! . . . . . . . . . . . . . . . . rupees.

9. 0he plaintiff made the goods and on the . . . . . . da! of . . . . . . $,. . . offered to deliver them to E.:. andhas ever since een read! and willing so to do.

-. E.:. has not accepted the goods or paid for them.


*o. 2

7eficienc! /pon a Re#sale @1oods Sold at Auction

>0itle?


$. 6n the . . . . . . da! of . . . . . . $,. . . . the plaintiff put up at auction sundr! @goods suGect to the conditionthat all goods not paid for and removed ! the purchaser within @ten da!s after the sale should e re#sold !auction on his account of which condition the defendant had notice.

9. 0he defendant purchased @one crate of crocFer! at the auction at the price of . . . . . . rupees.

-. 0he plaintiff was read! and willing to deliver the goods to the defendant on the date of the sale and for @tenda!s after.

4. 0he defendant did not taFe awa! the goods purchased ! him nor pa! for them within @ten da!s after thesale nor afterwards.

. 6n the . . . . . . da! of . . . . . . $,. . . . the plaintiff re#sold the @crate of crocFer! on account of thedefendant ! pulic auction for . . . . rupees.

2. 0he expenses attendant upon such re#sale amounted to . . . . . . rupees.

3. 0he defendant has not paid the deficienc! thus arising amounting to rupees.


*o. 3

Services at a Reasonale Rate

>0itle?


$. =etween the . . . . . . da! of . . . . . . $,. . . and the . . . . . . da! of $,. . . at . . . . . . plaintiff @executedsundr! drawings designs and diagrams for the defendant at his reDuest; ut no express agreement wasmade as to the sum to e paid for such services.

9. 0he services were reasonal! worth . . . . . . rupees.



*o. %

Services and )aterials at a Reasonale Cost

>0itle?


$. 6n the . . . . . . da! of . . . . . . $, . . . at . . . . the plaintiff uilt a house @Fnown as *o. . . . . in. . . . andfurnished the materials therefor for the defendant at his reDuest ut no express agreement was made as tothe amount to e paid for such worF and materials.



9. 0he worF done and materials supplied were reasonal! worth . . . . . . rupees.


@As in paras 4 and of :orm *o. $ and Relief claimed..

*o. ,

/se and 6ccupation

>0itle?

A.=. the aove#named plaintiff executor of the will of 5. +. deceased states as follows"#

$. 0hat the defendant occupied the @house *o. . . .. street ! permission of the said 5. +. from the . . . . . .da! of. . . $, . . . until the da! of . . . . . . $, . . . and no agreement was made as to pa!ment for the use ofthe said premises.

9. 0hat the use of the said premises for the said period was reasonal! worth . . . rupees.



4. 0he plaintiff as executor of 5. +. claims >Relief claimed.

*o. $<

6n an Award

>0itle?


$. 6n the . . . . . . da! of . . . . . . $, . . . the plaintiff and defendant having a difference etween themconcerning @a demand of the plaintiff for the price of ten arrels of oil which the defendant refused to pa!.agreed in writing to sumit the difference to the aritration of E.:. and 1.H. and the original document isannexed hereto.

9. 6n the . . . . . . da! of . . . . . . $,. . . the aritrators awarded that the defendant should @pa! the plaintiff . . .

rupees.


@As in paras. 4 and of :orm *o. $ and Relief claimed.

*o. $$

6n a :oreign Judgment

>0itle?


$. 6n the . . . . . . da! of . . . . . . $,. . . at . . . in the State @or Bingdom of the . . . . . . Court of that State @orBingdom in a suit therein pending etween the plaintiff and the defendant dul! adGudged that the defendant

should pa! to the plaintiff . . . . . . . . .rupees with interest from the said date.

9. 0he defendant has not paid the mone!.


*o. $9

Against Suret! for &a!ment of Rent

>0itle?






A. =. the aove#named plaintiff states as follows"#

$. 6n the . . . . . . da! of . . . . . . $,. . . the plaintiff and defendant mutuall! agreed that the plaintiff shouldserve the defendant as @an accountant or in the capacit! of foreman or as the case ma! e and that thedefendant should emplo! the plaintiff as such for the term of @one !ear and pa! him for his services . . . . . .rupees @monthl!.

9. 6n the . . . . . . da! of . . . . . . $,. . . . the plaintiff entered upon the service of the defendant and has ever

since een and still is read! and willing to continue in such service during the remainder of the said !earwhereof the defendant alwa!s has had notice.

-. 6n the . . . . . . da! of . . . . . . $,. . . the defendant wrongfull! discharged the plaintiff and refused topermit him to serve as aforesaid or to pa! him for his services.

@As in paras. 4 and of :orm *o. $ and Relief claimed.

*o. $2

=reach of Contract to Serve

>0itle?


$. 6n the . . . . . . da! of . . . . . . $,. . . the plaintiff and defendant mutuall! agreed that the plaintiff shouldemplo! the defendant at an @annual salar! of . . . rupees and that the defendant should serve the plaintiff as@an artist for the term of @one !ear.

9. 0he plaintiff has alwa!s een read! and willing to perform his part of the agreement and on the da! of . . . .. . $,. . . offered so to do.

-. 0he defendant >entered upon? the service of the plaintiff on the aove#mentioned da! ut afterwards onthe. . . .da! of. . . $,. . . he refused to serve the plaintiff as aforesaid.

@As in paras 4 and of :orm *o. $ and Relief claimed..

*o. $3

Against a =uilder for 7efective WorFmanship

>0itle?


$. 6n the . . . . . . da! of . . . . . . $,. . . the plaintiff and defendant entered into an agreement and theoriginal document is hereto annexed. @or State the tenor of the contract.

9. 0he plaintiff dul! performed all the conditions of the agreement on his part.

-. 0he defendant @uilt the house referred to in the agreement in a ad and unworFmanliFe manner.


*o. $%

6n a =ond for the :idelit! of a ClerF

>0itle?


$. 6n the . . . . . . da! of . . . . . . $,. . . the plaintiff tooF E.:. into his emplo!ment as a clerF.

9. (n consideration thereof on the . . . . . . da! of . . . . . . $,. . . the defendant agreed with the plaintiff that ifE.:. should not faithfull! perform his duties as a clerF to the plaintiff or should fail to account to the plaintifffor all monies evidences of det or other propert! received ! him for the use of the plaintiff the defendantwould pa! to the plaintiff whatever loss he might sustain ! reason thereof not exceeding . . . . . . . . . . .rupees.



@6r 9. (n consideration thereof the defendant ! his ond of the same date ound himself to pa! the plaintiffthe penal sum of . . . . . . rupees suGect to the condition that if E.:. should faithfull! perform his duties asclerF and cashier to the plaintiff and should Gustl! account to the plaintiff for all monies evidences of det orother propert! which should e at an! time held ! him in trust for the plaintiff the ond should e void.

@6r 9 (n consideration thereof on the same date the defendant executed a ond in favour of the plaintiff andthe original document is hereto annexed.

-. =etween the . . . . . . da! of . . . . . . $,. . . and the . . . . . . da! of $,. . . E.:. received mone! and otherpropert! amounting to the value of . . . . . . rupees for the use of the plaintiff for which sum he has notaccounted to him and the same still remains due and unpaid.


*o. $,

=! 0enant against 'andlord with Special 7amage

>0itle?


$. 6n the . . . . . . da! of . . . . . . $,. . . the defendant ! a registered instrument let to the plaintiff @thehouse *o. . . . . . . Street for the term of . . . . . . !ears contracting with the plaintiff that he the plaintiff and

his legal representatives should Duietl! enGo! possession thereof for the said term.

9. All conditions were fulfilled and all things happened necessar! to entitle the plaintiff to maintain this suit.

-. 6n the . . . . . . da! of . . . . . . $,. . . during the said term E.:. who was the lawful owner of the saidhouse lawfull! evicted the plaintiff therefrom and still withhold the possession thereof from him.

4. 0he plaintiff was there! @prevented from continuing the usiness of a tailor at the said place wascompelled to expend . . . . . . rupees in moving and lost the custom of 1.H. and (.J. ! such removal.


*o. 9<

6n an Agreement of (ndemnit!

>0itle?


$. 6n the . . . . . . da! of . . . . . . $,. . . the plaintiff and defendant eing partners in trade under the st!le of A.= and C.7. dissolved the partnership and mutuall! agreed that the defendant should taFe and Feep allthe partnership propert! pa! all dets of the firm and indemnif! the plaintiff against all claims that might emade upon him on account of an! indetedness of the firm.

9. 0he plaintiff dul! performed all the conditions of the agreement on his part.

-. 6n the . . . . . . da! of . . . . . . $,. . . @a Gudgment was recovered against the plaintiff and defendant !E.:. in the High Court of Judicature at . . . . . . upon a det due from the firm to E.:. and on the da! of $,. . . the plaintiff paid . . . . . . rupees @in satisfaction of the same.

4. 0he defendant has not paid the same to the plaintiff.


*o. 9$

&rocuring &ropert! ! :raud

>0itle?




$. 6n the . . . . . . da! . . . . . . $,. . . the defendant for the purpose of inducing the plaintiff to sell him certaingoods represented to the plaintiff that @he the defendant was solvent and worth . . . . . . . . . . rupees over allhis liailities.

9. 0he plaintiff was there! induced to sell @and deliver to the defendant @dr! goods of the valueof . . . . . . . . . . rupees.

-. 0he said representations were false @or state the particular falsehoods and were then Fnown ! the

defendant to e so.4. 0he defendant has not paid for the goods. @6r if the goods were not delivered. 0he plaintiff in preparingand shipping the goods and procuring their restoration expended. . . . . rupees.


*o. 99

:raudulentl! &rocuring Credit to e given to another &erson

>0itle?


$. 6n the . . . . . . da! of . . . . . . $,. . . the defendant represented to the plaintiff that E.:. was solvent and in

good credit and worth . . . . . . rupees over all his liailities @or that E.:. then held a responsile situation andwas in good circumstances and might safel! e trusted with goods on credit.

9. 0he plaintiff was there! induced to sell to E.:. >rice? of the value of . . . . . . rupees @on months credit.

-. 0he said representations were false and were then Fnown ! the defendant to e so and were made !him with intent to deceive and defraud the plaintiff @or to deceive and inGure the plaintiff.

4. E.:. @did not pa! for the said goods at the expiration of the credit aforesaid @or has not paid for the saidrice and the plaintiff has wholl! lost the same.


*o. 9-

&olluting the Water under the &laintiffKs 'and

>0itle?


$. 0he plaintiff is and at all the time hereinafter mentioned was possessed of certain land called . . . . . . . . . .and situate in . . . . . . and of a well therein and of water in the well and was entitled to the use and enefit of the well and of the water therein and to have certain springs and streams of water which flowed and ran intothe well to suppl! the same to flow or run without eing fouled or polluted.

9. 6n the . . . . . . da! of . . . . . . $,. . . the defendant wrongfull! fouled and polluted and well and the watertherein and the springs and streams of water which flowed into the well.

-. (n conseDuence the water in the well ecame impure and unfit for domestic and other necessar!purposes and the plaintiff and his famil! are deprived of the use and enefit of the well and water.


*o. 94

Carr!ing on a *oxious )anufacture

>0itle?


$. 0he plaintiff is and at all the times hereinafter mentioned was possessed of certain lands called . . . .situate in . . . . . . . . . . .



9. Ever since the . . . . . . da! of . . . . . . $,. . . the defendant has wrongfull! caused to issue from certainsmelting worFs carried on ! the defendant large Duantities of offensive and unwholesome smoFe and othervapours and noxious matter which spread themselves over and upon the said lands and corrupted the airand settled on the surface of the lands.

-. 0here! the trees hedges herage and crops of the plaintiff growing on the lands were damaged anddeteriorated in value and the cattle and live#stocF of the plaintiff on the lands ecame unhealth! and man!of them were poisoned and died.

4. 0he plaintiff was unale to grae the lands with cattle and sheep as he otherwise might have done andwas oliged to remove his cattle sheep and farming#stocF therefrom and has een prevented from havingso eneficial and health! a use and occupation of the lands as he otherwise would have had.


*o. 9

6structing a Right of Wa!

>0itle?


$. 0he plaintiff is and at the time hereinafter mentioned was possessed of @a house in the village of . . . . . . .

9. He was entitled to a right of wa! from the @house over a certain field to a pulic highwa! and acF againfrom the highwa! over the field to the house for himself and his servants @with vehicles or or foot at all timesof the !ear.

-. 6n the . . . . . . da! of . . . . . . $,. . . defendant wrongfull! ostructed the said wa! so that the plaintiffcould not pass @with vehicles or or food or in an! manner along the wa! @and has ever since wrongfull!ostructed the same.

4. >State special damage if an!.?


*o. 92

6structing a Highwa!

>0itle?

$. 0he defendant wrongfull! dug a trench and heaped up earth and stones in the pulic highwa! leading from. . . . . . to . . . . . . so as to ostruct it.

9. 0here! the plaintiff while lawfull! passing along the said highwa! fell over the said earth and stones @orinto the said trench and roFe his arm and suffered great pain and was prevented from attending to hisusiness for a long time and incurred expense for medical attendance.


*o. 93

7iverting a Water#course

>0itle?


$. 0he plaintiff is and at the time hereinafter mentioned was possessed of a mill situated on a @streamFnown as the . . . . . . in the village of . . . . . . district of . . . . . . .

9. =! reason of such possession the plaintiff was entitled to the flow of the stream for worFing the mill.

-. 6n the . . . . . . da! of . . . . . . $,. . . the defendant ! cutting the anF of the stream wrongfull! diveredthe water thereof so that less water ran into the plaintiffKs mill.



4. =! reason thereof the plaintiff has een unale to grind more than sacFs per da! whereas efore the saiddiversion of water he was ale to grind . . . . . . sacFs per da!.


*o. 9%

6structing a Right to /se Water for (rrigation

>0itle?


$. &laintiff is and was at the time hereinafter mentioned possessed of certain lands situate etc. and entitledto taFe and use a portion of the water of a certain stream for irrigating the said lands.

9. 6n the . . . . . . da! of . . . . . . $,. . . the defendant prevented the plaintiff from taFing and using the saidportion of the said water as aforesaid ! wrongfull! ostructing and diverting the said stream.


*o. 9,

(nGuries Caused ! *egligence on a Railroad

>0itle?

A. =. the aove#named plaintiff states as follows "I

$. 6n the . . . . . . da! . . . . . . $,. . . the defendants were common carriers of passengers ! railwa!etween . . . . . . and . . . . . .

9. 6n that da! the plaintiff was a passenger in one of the carriages of the defendants on the said railwa!.

-. While he was such passenger at . . . . . . @or near the station of. . . . . . or . . . .. etween the stationsof. . . ..and. . . . a collision occurred on the said railwa! caused ! the negligence and unsFilfulness of thedefendantsK servants where! the plaintiff was much inGured @having his leg roFen his head cut etc. andstate the special damage if an! as and incurred expense for medical attendance and is permanentl!disaled from carr!ing on his former usiness as @a salesman.


@6r thus"# 9. 6n that da! the defendants ! their servants so negligentl! and unsFillfull! drove and managedan engine and a train of carriages attached thereto upon and along the defendantKs railwa! which the plaintiffwas then lawfull! crossing that the said engine and train were driven and strucF against the plaintiffwhere! etc. as in para -.

*o. -<

(nGuries Caused ! *egligent 7riving

>0itle?


$. 0he plaintiff is a shoemaFer carr!ing on usiness at . . . . . . . 0he defendant is a merchantof. . . . . . . . . . . . . .. . .

9. 6n the . . . . . . da! of . . . . . . $,. . . the plaintiff was walFing southward along Chowringhee in the Cit! ofCalcutta at aout - oKclocF in the afternoon. He was oliged to cross )iddleton Street which is a streetrunning into Chowringhee at right angles. While he was crossing this street and Gust efore he could reachthe foot pavement on the further side thereof a carriage of the defendantKs drawn ! two horses under thecharge and control of the defendantKs servants was negligentl! suddenl! and without an! warning turned ata rapid and dangerous pace out of )iddleton Street into Chowringhee. 0he pole of the carriage strucF theplaintiff and FnocFed him down and he was much trampled ! the horses.



-. =! the low and fall and trampling the plaintiffKs left arm was roFen and he was ruised and inGured on theside and acF as well as internall! and in conseDuence thereof the plaintiff was for four months ill and insuffering and unale to attend to his usiness and incurred heav! medical and other expenses andsustained great loss of usiness and profits.


*o. -$

:or )alicious &rosecution

>0itle?


$. 6n the . . . . . . . .da! of . . . . . . . .$,. . . the defendant otained a warrant of arrest from . . . . . . . . . . @amagistrate of the said cit! or as the case ma! e on a charge of . . . . . . and the plaintiff was arrestedthereon and imprisoned for . . . . . . @da!s or hours and gave ail in the sum of . . . . . . rupees to otain hisrelease.

9. (n so doing the defendant acted maliciousl! and without reasonale or proale cause.

-. 6n the . . . . . . da! of . . . . . . $,. . . . the )agistrate dismissed the complaint of the defendant andacDuitted the plaintiff.

4. )an! persons whose names are unFnown to the plaintiff hearing of the arrest and supposing the plaintiff to e a criminal have ceased to do usiness with him; or in conseDuence of the said arrest the plaintiff losthis situation as clerF to one E.:. or in conseDuence the plaintiff suffered plain of od! and mind and wasprevented from transacting his usiness and was inGured in his credit and incurred expense in otaining hisrelease from the said imprisonment and in defending himself against the said complaint.


*o. -9

)ovales Wrongfull! 7etained

>0itle?


$. 6n the . . . . . . da! of . . . . . . $, . . . plaintiff owned @or state facts showing a right to the possession thegoods mentioned in the schedule hereto annexed @or descrie the goods. the estimated value of which is . . .. . . rupees.

9. :rom that da! until the commencement of this suit the defendant has detained the same from the plaintiff.

-. =efore the commencement of the suit to wit on the . . . . . . da! of . . . . . . $,. . . the plaintiff demandedthe same from the defendant ut he refused to deliver them.

@As in paras 4 and of :orm *o. $

2. 0he plaintiff claimsI

>$? deliver! of the said goods or . . . . . . rupees in case deliver! cannot e had;

>9? . . . . . . rupees compensation for the detention thereof.

0he Schedule

*o. --

Against a :raudulent &urchaser and his 0ransferee with *otice

>0itle?




$. 6n the . . . . . . da! of . . . . . . $,. . . the defendant C.7. for the purpose of including the plaintiff to sellhim certain goods represented to the plaintiff that @he was solvent and worth . . . . . . rupees over all hisliailities.

9. 0he plaintiff was there! induced to sell and deliver to C.7. @one hundred oxes of tea the estimatedvalue of which is . . . . . . rupees.

-. 0he said representations were false and were then Fnown ! C.7. to e so @or at the time of maFing the

said representations C. 7. was insolvent and Fnew himself to e so.4. C. 7. afterwards transferred the said goods to the defendant E.:. without consideration @or who had noticeof the falsit! of the representation.

@As in paras 4 and of :orm *o.$


>$? deliver! of the said goods or . . . . . . rupees in case deliver! cannot e had;

>9? . . . . . . rupees compensation for the detention thereof.

*o. -4

Rescission of a Contract on the 1round of )istaFe

>0itle?

A.=. the aove#named plaintiff states as follows"I

$. 6n the . . . . . . da! of . . . . . . $,. . . the defendant represented to the plaintiff that a certain piece ofground elonging to the defendant situated at . . . . . . contained @ten ighas.

9. 0he plaintiff was there! induced to purchase the same at the price of . . . . . . rupees in the elief that thesaid representation was true and signed an agreement of which the original is hereto annexed. =ut the landhas not een transferred to him.

-. 6n the . . . . . . da! of . . . . . . $,. . . the plaintiff paid the defendant rupees as part of the purchase#mone!.

4. 0hat the said piece of ground contained in fact onl! @five ighas.



>$? . . . . . . rupees with interest from the . . . . . . . . da! of . . . . . . $,. . . ;

>9? that the said agreement e delivered up and cancelled.

*o. -

An (nGunction Restraining Waste

>0itle?


$. 0he plaintiff is the asolute owner of @descrie the propert!.

9. 0he defendant is in possession of the same under a lease from the plaintiff.

-. 0he defendant has @cut down a numer of valuale trees and threatens to cut down man! more for thepurpose of sale without the consent of the plaintiff.


2. 0he plaintiff claims that the defendant e restrained ! inGunction from committing or permitting an! furtherwaste on the said premises.

@&ecuniar! compensation ma! also e claimed.



*o. -2

(nGunction Restraining *uisance

>0itle?


$. &laintiff is and at all the times hereinafter mentioned was the asolute owner of @the house

*o. . . . . . . . . Street Calcutta.

9. 0he defendant is and at all the said times was the asolute owner of . . . . . . . . @a plot of ground in thesame street . . . . . . .

-. 6n the . . . . . . da! of . . . . . . $,. . . the defendant erected upon his said plot a slaughter#house and stillmaintains the same; and from that da! until the present time has continuall! caused cattle to e rought andFilled there @and has caused the lood and offal to e thrown into the street opposite the said house of theplaintiff.

@4. (n conseDuence the plaintiff has een compelled to aandon the said house and has een unale to rentthe same.


3. 0he plaintiff claims that the defendant e restrained ! inGunction from committing or permitting an! furthernuisance.

*o. -3

&ulic *uisance

>0itle?


$. 0he defendant has wrongl! heaped up earth and stones on a pulic road Fnown as . . . . . . Streetat . . . . . . . . . . .so as to ostruct the passage of the pulic along the same and threatens and intends unlessrestrained from so doing to continue and repeat the said wrongful act.

@44- @9. 0he plaintiff has otained the leave of the Court for the institution of this suit.


. 0he plaintiff claimsI

>$? a declaration that the defendant is not entitled to ostruct the passage of the pulic along the said pulicroad;

>9? an inGunction restraining the defendant from ostructing the passage of the pulic along the said pulicroad and directing the defendant to remove the earth and stones wrongfull! heaped up as aforesaid.

*ot applicale where suit is instituted ! the Advocate#1eneral.

*o. -%

(nGunction against the 7iversion of a Water#course

>0itle?


@As in :orm *o. 93.

0he plaintiff claims that the defendant e restrained ! inGunction from diverting the water as aforesaid.

*o. -,

Restoration of )ovale &ropert! 0hreatened with 7estruction and for an (nGuction



>0itle?


$. &laintiff is and at all times hereinafter mentioned was the owner of @a portrait of his grandfaterher whichwas executed ! an eminent painter and of which no duplicate exists @or state an! facts showing that thepropert! is of a Find that cannot e replaced ! mone!.

9. 6n the . . . . . . da! of . . . . . . $,. . . he deposited the same for safe#Feeping with the defendant.

-. 6n the . . . . . . da! of . . . . . . $,. . . he demanded the same from the defendant and offered to pa! allreasonale charges for the storage of the same.

4. 0he defendant refuses to deliver the same to the plaintiff and threatens to conceal dispose of cut or inGurethe same if reDuired to deliver it up.

. *o pecuniar! compensation would e an adeDuate compensation to the plaintiff for the loss of the@painting;


%. 0he plaintiff claimsI

>$? that the defendant e restrained ! inGunction from disposing of inGuring or concealing the said @painting;

>9? 0hat he e compelled to deliver the same to the plaintiff.

*o. 4<

(nterpleader

>0itle?


$. =efore the date of the claims hereinafter mentioned 1.H. deposited with the plaintiff @descrie the propert!for @safe#Feeping.

9. 0he defendant C.7. claims the same @under an alleged assignment thereof to him from 1.H..

-. 0he defendant E.:. also claims the same @under an order of 1.H. transferring the same to him.

4. 0he plaintiff is ignorant of the respective rights of the defendants.

. He has no claim upon the said propert! other than for charges and costs and is read! and willing todeliver it to such persons as the Court shall direct.

2. 0he suit is not rought ! collusion with either of the defendants.


,. 0he plaintiff claimsI

>$? that the defendants e restrained ! inGunction from taFing an! proceedings against the plaintiff inrelation thereto;

>9< that the! e reDuired to interplead together concerning their claims to the said propert!;

@>-? that some person e authorised to receive the said propert! pending such litigation;

>4? that upon delivering the same to such @person the plaintiff e discharged from all liailit! to either of thedefendants in relation thereto.

*o. 4$

Administration ! Creditor on =ehalf of Himself and all 6ther Creditors

>0itle?




$. E.:. late of . . . . . . was at the time of his death and his estate still is indeted to the plaintiff in the sumof. . . . @here insert nature of det and securit! if an!.

9. E.:. died on or aout the da! of. . . . . . . =! his last will dated the . . . . . . da! of . . . . . . he appointed C.7.his executor @or devised his estate in trust etc. or died intenstate as the case ma! e.

-. 0he will was proved ! C.7. @or letters of administration were granted etc..

4. 0he defendant has possessed himself of the movale @and immovale or the proceeds of the immovalepropert! of E.:. and has not paid the plaintiff his det.


3. 0he plaintiff claims that an account ma! e taFen of the movale @and immovale propert! of E.:.deceased and that the same ma! e administered under the decree of the Court.

*o. 49

Administration ! Specific 'egatee

>0itle?

@Alter :orm *o. 4$ thus

@6mit paragraph $ and commence paragraph 9 E.:. late of . . . . . . died on or aout the . . . . . . da! of . . . .. . . =! his last will dated the . . . . . . da! of . . . . . . he appointed C.7. his executor and eDueathed to theplaintiff @here state the specific legac!. :or paragraph 4 sustituteI

0he defendant is in possession of the movale propert! of E.:. and amongst other things of the said @herename the suGect of the specific eDuest.

:or the Commencement of paragraph 3 sustituteI

0he plaintiff claims that the defendant ma! e ordered to deliver to him the said @here name the suGect of thespecific eDuest. or that etc.

*o. 4-

Administration ! &ecuniar! 'egatee

>0itle?

@Alter :orm *o. 4$ thus

@6mit paragraph $ and sustitute for paragraph 9 E.:. late of . . . . . . died on or aout the . . . . . . da!of . . . . . . .=! his last will dated the . . . . . . da! of . . . . . . he appointed C.7. his executor and eDueathed tothe plaintiff a legac! of . . . . . . rupees.

(n paragraph 4 sustitute legac! for det

Another form.

>0itle?

E.:. the aove#named plaintiff states as follows"I

$. A.=. of B. in the . . . . . . died on the . . . . . . da! of . . . . . . . =! his last will dated the . . . . . . da! of . . . . . . he appointed the defendant and ). *. @who died in the testatorKs lifetime his executors and eDueathed hispropert! whether movale or immovale to his executors in trust to pa! the rents and income thereof to theplaintiff for his life; and after his decease and in default of his having a son who should attain twent!#one ora daughter who should attain that age or marr! upon trust as to his immovale propert! for the person whowould e the testatorKs heir#at#law and as to his movale propert! for the persons who would e thetestatorKs next#of#Fin if he had died intestate at the time of the death of the plaintiff and such failure of hisissue as aforesaid.

9. 0he will was proved ! the defendant on the. . . . . . da! of. . . . 0he plaintiff has not een married.



-. 0he testator was at his death entitled to movale and immovale propert!; the defendant entered into thereceipt of the rents of the immovale propert! and got in the movale propert!; he has sold some part of theimmovale propert!.



>$? to have the movale and immovale propert! of A.=. administered in this Court and for that purpose to

have all proper directions given and accounts taFen;

>9? such further or other relief as the nature of the case ma! reDuire.

*o. 44

Execution of 0rusts

>0itle?


$. He is one of the trustees under an instrument of settlement earing date on or aout the . . . . . . da!of . . . . . . made upon the marriage of E.:. and 1.H. the father and mother of the defendant @or an instrumentof transfer of the estate and effects of E.:. for the enefit C.7. the defendant and the other creditors of E.:..

9. A.=. has taFen upon himself the urden of the said trust and is in possession of @or of the proceeds of themovale and immovale propert! transferred ! the said instrument.

-. C.7. claims to e entitled to a eneficial interest under the instrument.

@As in paras 4 and of :orm. *o. $.

2. 0he plaintiff is desirous to account for all the rents and profits of the said immovale propert! @and theproceeds of the sale of the said or of part of the said immovale propert! or movale or the proceeds ofthe sale of or of part of the said movale propert! or the profits accruing to the plaintiff as such trustee inthe execution of the said trust; and he pra!s that the Court will taFe the accounts of the said trust and alsothat the whole of the said trust estate ma! e administered in the Court for the enefit of C.7. the defendantand all other persons who ma! e interested in such administration in the presence of C.7. and such otherpersons so interested as the Court ma! direct or that C.7. ma! show good cause to the contrar!.

@*.=.IWhere the suit is ! a eneficiar! the plaint ma! e modelled mutatis mutandis on the plaint ! alegatee.

*o. 4

:oreclosure or Sale

>0itle?


$. 0he plaintiff is mortgagee of lands elonging to the defendant.

9. 0he following are the particular of the mortgage"I

>a? >date?;

>? >names of mortgagor and mortgagee?;

>c? >sum secured?;

>d? >rate of interest?;

>e? >propert! suGect to mortgage?;

>f? >amount now due?;

>g? >if the plaintiffKs title is derivative state shortl! the transfers or devolution under which he claims?.



>(f the plaintiff is mortgagee in possession add?.

-. 0he plaintiff tooF possession of the mortgaged propert! on the . . . . . . da! of . . . . . . and is read! toaccount as mortgagee in possession from that time.



>$? pa!ment or in default @sale or foreclosure @and possession;

@Where 6rder -4 rule 2 applies.

>9? in case the proceeds of the sale are found to e insufficient to pa! the amount due to the plaintiff then thatliert! e reserved to the plaintiff to appl! for . . . . . . @9@an order for the alance.

*o. 42

Redemption

>0itle?


$. 0he plaintiff is mortgagor of lands of which the defendant is mortgagee.

9. 0he following are the particulars of the mortgage"#

>a? >date?;

>? >names of mortgagor and mortgagee?;

>c? >sum secured?;

>d? >rate of interest?;

>e? >propert! suGect to mortgage?;

>f? >(f the plaintiffKs title is derivative state shortl! the transfers or devolution under which he claims?.

>(f the defendant is mortgagee in possession add?

-. 0he defendant has taFen possession @or has received the rents of the mortgaged propert!.


2. 0he plaintiff claims to redeem the said propert! and to have the same reconve!ed to him @and to havepossession thereof. @444@together with mesne profits.

*o. 43

Specific &erformance >*o. $?

>0itle?


$. =! an agreement dated the . . . . . . da! of . . . . . . and signed ! the defendant he contracted to u! of @orsell to the plaintiff certain immovale propert! therein descried and referred to for the sum of . . . . . . . . . .rupees.

9. 0he plaintiff has applied to the defendant specificall! to perform the agreement on his part ut thedefendant has not done so.

-. 0he plaintiff has een and still is read! and willing specificall! to perform the agreement on his part ofwhich the defendant has had notice.




2. 0he plaintiff claims that the Court will order the defendant specificall! to perform the agreement and to doall acts necessar! to put the plaintiff in full possession of the said propert! @or to accept a transfer andpossession of the said propert! and to pa! the costs of the suit.

*o. 4%

Specific &erformance >*o. 9?

>0itle?


$. 6n the . . . . . . da! of . . . . . . $,. . . the plaintiff and defendant entered into an agreement in writing andthe original document is hereto annexed.

0he defendant was asolutel! entitled to the immovale propert! descried in the agreement.

9. 6n the . . . . . . da! of . . . . . . $,. . . the plaintiff 0endered rupees to the defendant and demanded atransfer of the said propert! ! a sufficient instrument.

-. 6n the . . . . . . da! of . . . . . . $,. . . the plaintiff again demanded such transfer. @6r the defendant refusedto transfer the same to the plaintiff.

4. 0he defendant has not executed an! instrument of transfer.

. 0he plaintiff is still read! and willing to pa! the purchase#mone! of the said propert! to the defendant.


%. 0he plaintiff claimsI

>$? that the defendant transfers the said propert! to the plaintiff ! a sufficient instrument @following the termsof the agreement;

>9? . . . . . . rupees compensation for withholding the same.

*o. 4,

&artnership

>0itle?


$. He and C.7. the defendant have een for . . . . . . !ears @or months past carr!ing on usiness togetherunder articles of partnership in writing @or under a deed or under a veral agreement.

9. Several disputes and differences have arisen etween the plaintiff and defendant as such partnerswhere! it has ecome impossile to carr! on the usiness in partnership with advantage to the partners @6r the defendant has committed the following reaches of the partnership articles"I

>$?

>9?

>-? . . . . . . .


. 0he plaintiff claimsI

>$? dissolution of the partnership;

>9? that accounts e taFen;

>-? that a receiver e appointed.

>*.=.I(n suits for the winding#up of an! partnership omits the claim for dissolution; and instead insert aparagraph stating the facts of the partnership having een dissolved.?



>4? WR(00E* S0A0E)E*0S

1eneral defences

7enialI0he defendant denies that >set out facts?.

0he defendant does not admit that >set out facts?.

0he defendant admits that . . . . . . ut sa!s that

0he defendant denies that he is a partner in the defendant firm of

&rotestI0he defendant denies that he made the contract alleged or an! contract with the plaintiff.

0he defendant denies that he contracted with the plaintiff as alleged or at all.

0he defendant admits assets ut not the plaintiffKs claim.

0he defendant denies that the plaintiff sold to him the goods mentioned in the plaint or an! of them.

'imitationI0he suit is arred ! article . . . . . . or article . . . . . . . . .of the second schedule to the @44@(ndian 'imitation Act $%33 >$ of $%33?.

JurisdictionI0he Court has no Gurisdiction to hear the suit on the ground that >set forth the grounds.?

6n the . . . . . . da! of . . . . . . a diamond ring was delivered ! the defendant to and accepted ! the plaintiffin discharge of the alleged cause of action.

(nsolvenc!I0he defendant has een adGudged an insolvent.

0he plaintiff efore the institution of the suit was adGudged an insolvent and the right to sue vested in thereceiver.

)inorit!I0he defendant was a minor at the time of maFing the alleged contract.

&a!ment into CourtI0he defendant as to the whole claim >or as to Rs. . . . . . . part of the mone! claimed oras the case ma! e? has paid into Court Rs. . . . . . . and sa!s that this sum is enough to satisf! the plaintiffKsclaim >or the part aforesaid?.

&erformance remittedI0he performance of the promise alleged was remitted on the >date?.

RescissionI0he contract was rescinded ! agreement etween the plaintiff and defendant.

Res GudicataI0he plaintiffKs claim is arred ! the decree in suit >give the reference?.

EstoppelI0he plaintiff is estopped from den!ing the truth of >insert statement as to which estoppel isclaimed? ecause >here state the facts relied on as creating the estoppel.?

1round of defence suseDuent to institution of suitISince the institution of the suit that is to sa! on the. . . ..da! of. . . . . . >set out facts.?

*o. $

7efence in Suits for 1oods Sold and 7elivered

$. 0he defendant did not order the goods.

9. 0he goods were not delivered to the defendant.

-. 0he price was not Rs.

@or

4. $.

. Except as to Rs. . . . . . . same as 9.

2. -.



3. 0he defendant @or A.=. the defendantKs agent satisfied the claim ! pa!ment efore suit to the plaintiff @orto C.7. the plaintiffKs agent on the . . . . . . da! of . . . . . . $,. . .

%. 0he defendant satisfied the claim ! pa!ment after suit to the plaintiff on the . . . . . . da! of $,. . . .

*o. 9

7efence in Suits on =onds

$. 0he ond is not the defendantKs ond.

9. 0he defendant made pa!ment to the plaintiff on the da! according to the condition of the ond.

-. 0he defendant made pa!ment to the plaintiff after the da! named and efore suit of the principal andinterest mentioned in the ond.

*o. -

7efence (n Suits 6n 1uarantees

$. 0he principal satisfied the claim ! pa!ment efore suit.

9. 0he defendant was released ! the plaintiff giving time to the principal detor in pursuance of a indingagreement.

*o. 4

7efence (n An! Suit :or 7et

$. As to Rs. 9<< of the mone! claimed the defendant is entitled to set off for goods sold and delivered ! thedefendant to the plaintiff.

&articulars are as follows"# Rs.

$,<3 Januar! 9th $<

$,<3 :eruar! $st <

0otal 9<<

9. As to the whole @or as to Rs. . . . part of the mone! claimed the defendant made tender efore suit of Rs. .. . . and has paid the same into Court.

*o.

7efence (n Suits :or (nGuries Caused =! *egligent 7riving

$. 0he defendant denies that the carriage mentioned in the plaint was the defendantKs carriage and that itwas under the charge or control of the defendantKs servants. 0he carriage elonged to. . . . of . . . . . . . . ..Street Calcutta liver! stale Feepers emplo!ed ! the defendant to suppl! him with carriages and horses;and the person under whose charge and control the said carriage was was the servant of the said.

9. 0he defendant does not admit that the said carriage was turned out of )iddleton Street either negligentl!suddenl! or without warning or at a rapid or dangerous pace.

-. 0he defendant sa!s the plaintiff might and could ! the exercise of reasonale care and diligence haveseen the said carriage approaching him and avoided an! collision with it.

4. 0he defendant does not admit the statements contained in the third paragraph of the plaint.

*o. 2

7efence (n All Suits :or Wrongs

$. 7enial of the several acts @or matters complained of.

*o. 3

7efence (n Suits :or 7etention 6f 1oods



$. 0he goods were not the propert! of the plaintiff.

9. 0he goods were detained for a lien to which the defendant was entitled.

&articulars are as follows"#

$,<3 )a! -rd 0o carriage of the goods claimed from 7elhi to Calcutta"#

4 maunds at Rs. 9 per maund. . . .Rs. ,<.

*o. %

7efence (n Suits :or (nfringement 6f Cop!right

$. 0he plainiff is not the author @assignee etc.

9. 0he ooF was not registered.

-. 0he defendant did not infringe.

*o. ,

7efence (n Suits :or (nfringement 6f 0rade )arF

$. 0he trade marF is not the plaintiffKs

9. 0he alleged trade marF is not a trade marF.

-. 0he defendant did not infringe.

*o. $<

7efence (n Suits Relating 0o *uisances

$. 0he plaintiffKs lights are not ancient @or den! his other alleged prescriptive rights.

9. 0he plaintiffKs lights will not e materiall! interfered with ! the defendantKs uildings.

-. 0he defendant denies that he or his servants pollute the water @or do what is complained of.

@(f the defendant claims the right ! prescription or otherwise to do what is complained of he must sa! so

and must state the grounds of the claim i.e. whether ! prescription grant or what.4. 0he plaintiff has een guilt! of laches of which the following are particulars"I

$%3<. &laintiffKs mill egan to worF.

$%3$. &laintiff came into possession.

$%%-. :irst complaint.

. As to the plaintiffKs claim for damages the defendant will rel! on the aove grounds of the defence andsa!s that the acts complained of have not produced an! damage to the plaintiff @(f other grounds are reliedon the! must e stated e.g. limitation as to past damage.

*o. $$

7efence 0o Suit :or :oreclosure

$. 0he defendant did not execute the mortagage.

9. 0he mortgage was not transferred to the plaintiff >if more than one transfer is alleged sa! which is denied?.

-. 0he suit is arred ! article . . . . . . of the second scheduled to the @442@(ndian 'imitation Act $%33 >$ of$%33?.

4. 0he following pa!ments have een made vi."I

>(nsert date? Rs. $<<<



>(nsert date? Rs. <<

. 0he plaintiff tooF possession on the . . . . of. . . .. and has received the rents ever since.

2. 0he plaintiff released the det on the. . . of. . .

3. 0he defendant transferred all his interest to A.=. ! a document dated.

*o. $9

7efence 0o Suit :or Redemption

$. 0he plaintiffKs right to redeem is arred ! article . . . of the second schedule to the @443@(ndian 'imitation Act $%33 >$ of $%33?.

9. 0he plaintiff transferred all interest in the propert! to A.=.

-. 0he defendant ! a document dated the . . . da! of . . . . transferred all his interest in the mortgage#detand propert! comprised in the mortgage to A.=.

4. 0he defendant never too possession of the mortgaged propert! or received the rents thereof.

>(f the defendant admits possession for a time onl! he should state the time and den! possession e!ondwhat he admits.?

*o. $-

7efence 0o Suit :or Specific &erformance

$. 0he defendant did not enter into the agreement.

9. A. =. was not the agent of the defendant >if alleged ! plaintiff?.

-. 0he plaintiff has not performed the following conditionsI>Conditions?.

4. 0he defendant did notI>alleged acts of part performance?.

. 0he plaintiffKs title to the propert! agreed to e sold is not such as the defendant is ound to accept !reason of the following matterI>State wh!?.

2. 0he agreement is uncertain in the following respectsI>State them?.

3. >or? 0he plaintiff has een guilt! of dela!.

%. >or? 0he plaintiff has een guilt! of fraud >or misrepresentation?.

,. >or? 0he agreement is unfair.

$<. >or? 0he agreement was entered into ! mistaFe.

$$. 0he following are particulars of >3? >%? >,? >$<? >or as the case ma! e?.

$9. 0he agreement was rescinded under Conditions of Sale *o. $$ >or ! mutual agreement?.

>(n cases where damages are claimed and the defendant disputes his liailit! to damages he must den! theagreement or the alleged reaches or show whatever other ground of defence he intends to rel! on e.g. the

@44%@(ndian 'imitation Act accord and satisfaction release fraud etc.?*o. $4

7efence (n Administration Suit =! &ecuniar! 'egatee

$. A. =.Ks will contained a charge of dets; he died insolvent; he was entitled at his death to some immovalepropert! which the defendant sold and which produced the net sum of Rs. . . . . . . . . . and the testator hadsome movale propert! which the defendant got in and which produced the net sum of Rs. . . . . . . . . .

9. 0he defendant applied the whole of the said sums and the sum of Rs. . . . . . . . . . which the defendantreceived from rents of the immovale propert! in the pa!ment of the funeral and testamentar! expenses andsome of the dets of the testator.



-. 0he defendant made up his accounts and sent a cop! thereof to the plaintiff on the . . . . . . . . da!of . . . . . . . .$, . . . and offered to plaintiff free access to the vouchers to verif! such accounts ut hedeclined to avail himself of the defendantKs offer.

4. 0he defendant sumits that the plaintiff ought to pa! the cost of this suit.

*o. $

&roate 6f Will (n Solemn :orm

$. 0he said will and codicil of the deceased were not dul! executed according to the provisions of the @44,@(ndian Succession Act $%2 >$< of $%2? @or of the @4<Hindu Wills Act $%3< >9$ of $%3<?.

9. 0he deceased at the time the said will and codicil respectivel! purport to have een executed was not ofsound mind memor! and understanding.

-. 0he execution of the said will and codicil was otained ! the undue influence of the plaintiff @and othersacting with him whose names are at present unFnown to the defendant.

4. 0he execution of the said will and codicil was otained ! the fraud of the plaintiff such fraud so far as iswithin the defendantKs present Fnowledge eing @state the nature of the fraud.

. 0he deceased at the time of the execution of the said will and codicil did not Fnow and approve thecontents thereof @or of the contents of the residuar! clause in the said will as the case ma! e.

2. 0he deceased made his true last will dated the $st Januar! $%3- and there! appointed the defendantsole executor thereof.

0he defendant claimsI

>$? that the Court will pronounce against the said will and codicil propounded ! the plaintiff;

>9? that the Court will decree proate of the will of the deceased dated the $st Januar! $%3- in solemn formof law.

*o. $2

&articulars >6. 2 R. .?

>0itle of suit?

&articulars.I0he following are the particulars of >here state the matters in respect of which particulars haveeen ordered? delivered pursuant to the order of the . . . . . . . . . of

>Here set out the particulars ordered in paragraphs if necessar!.?

A&&E*7(5 =

&R6CESS

*o. $

Summons :or 7isposal 6f Suit >6. R. $ .?

>0itle?

0o

@*ame description and place of residence.

Whereas

has instituted a suit against !ou for . . . . . . . . . !ou are here! summoned to appear in this Court in person or ! a pleader dul! instructed >and ale to answer all material Duestions relating to the suit or who shall eaccompanied ! some person ale to answer all such Duestions on the . . . . . . . . . da! of . . . . . . . . . $, . . .. . . at . . . . . . oKclocF in the . . . . . . . . . noon to answer the claim; and as the da! fixed for !our appearanceis appointed for the final disposal of the suit !ou must e prepared to produce on that da! all the witnessesupon whose evidence and all the documents upon which !ou intend to rel! in support of !our defence.



0aFe notice that in default of !our appearance on the da! efore mentioned the suit will e heard anddetermined in !our asence.

1iven under m! hand and the seal of the Court this . . . . . . . . . of . . . . . . . . . $, . . . . .

Judge.

*otice.I$. Should !ou apprehend !our witnesses will not attend of their own accord !ou can have asummons from this Court to compel the attendance of an! witness and the production of an! document that

!ou have a right to call upon the witness to produce on appl!ing to the Court and on depositing thenecessar! expenses.

9. (f !ou admit the claim !ou should pa! the mone! into Court together with the costs of the suit to avoidexecution of the decree which ma! e against !our person or propert! or oth.

*o. 9

Summons :or Settlement 6f (ssues >6. R. $ .?

>0itle?

0o


Whereas

has instituted a suit against !ou for . . . . . . . . . !ou are here! summoned to appear in this Court in personor ! a pleader dul! instructed and ale to answer all material Duestions relating to the suit or who shall eaccompanied ! some persons ale to answer all such Duestions on the . . . . . da! of . . . . . . . . . $,. . . . . at. . . . . . . . . oKclocF in the . . . . . . . . . noon to answer the claim; @4$@and further !ou are here! directed tofile on that da! a written statement of !our defence and to produce on the said da! all documents in !ourpossession or power upon which !ou ase !our defence or claim for set#off or counter#claim and where !ourel! on an! other document whether in !our possession or power or not as evidence in support of !ourdefence or claim for set#off or counter#claim !ou shall enter such documents in a list to e annexed to thewritten statement.

0aFe notice that in default of !our appearance on the da! efore mentioned the suit will e heard anddetermined in !our asence.

1iven under m! hand and the seal of the Court this . . . . . . . da! . . . . . . . . . $,....

Judge.

*otice.I$. Should !ou apprehend !our witnesses will not attend of their own accord !ou can have asummons from this Court to compel the attendance of an! witness and the production of an! document that!ou have a right to call on the witness to produce on appl!ing to the Court and on depositing the necessar!expenses.

9. (f !ou admit the claim !ou should pa! the mone! into Court together with the costs of the suit to avoidexecution of the decree which ma! e against !our person or propert! or oth.

*o. -

Summons 0o Appear (n &erson >6. R. -.?

>0itle?

0o


Whereas

has instituted a suit against !ou for . . . . . . . . . !ou are here! summoned to appear in this Court in personon the . . . . . . . . . da! of . . . . . . . . . $,... at . . . . . . . . . oKclocF in the . . . . . . . . . noon to answer the claim;



and !ou are directed to produce on that da! all the documents upon which !ou intend to rel! in support of!our defence.

0aFe notice that in default of !our appearance of the da! efore mentioned the suit will e heard anddetermined in !our asence.

1iven under m! hand and the seal of the Court this . . . . . . . . . da! of . . . . . . . . . . . . $, . . . .

Judge.

@49@*o. 4

Summons in a Summar! Suit

>6rder 5558(( Rule 9?

>0itle?

0o


Whereas . . . . . . . . . has instituted a suit against !ou under 6rder 5558(( of the Code of Civil &rocedure$,<% for Rs. . . . . . . . . . and interest !ou are here! summoned to cause and appearance to e entered for!ou within ten da!s from the service hereof in default hereof the plaintiff will e entitled after the expirationof the said period of ten da!s to otain a decree for an! sum not exceeding the sum of Rs. . . . . . . . . . andthe sum of Rs. . . . . . . . . . for costs together with such interest if an! as the Court ma! order.

(f !ou cause an appearance to e entered for !ou the plaintiff will thereafter serve upon !ou a summons for Gudgment at a hearing of which !ou will e entitled to move the Court for leave to defend the suit.

'eave to defend ma! e otained if !ou satisf! the Court ! affidavit or otherwise that there is a defence tothe suit on the merits or that it is reasonale that !ou should e allowed to defend.

1iven under m! hand and the seal of the Court this . . . . . . . . . da! of . . . . . . . . . $,...

Judge.

@-@*o. 4A

S/))6*S :6R J/71)E*0 (* A S/))AR+ S/(0

>6rder 5558(( Rule -?

>0itle?

(n the . . . . . . . . . Court at . . . . . . . . . suit *o. . . . . . . . . . of $,...

5+N . . . . . . . . . &laintiff.

8ersus

A=C . . . . . . . . . 7efendant.

/pon reading the affidavit of the plaintiff the Court maFes the following order namel!"I

'et all parties concerned attend the Court or Judge as the case ma! e on the . . . . . . . . . da! of $,... at ...oKclocF in the forenoon on the hearing of the application of the plaintiff that he e at liert! to otain Gudgmentin this suit against the defendant >or if against one or some or several insert names? for Rs. . . . . . . . . . andfor interest and costs.

7ated the . . . . . . . . . da! of . . . . . . . . . $,...

*o.

*otice to &erson who the Court Considers should e added as Co#&laintiff

>6. $ R. $<.?



>0itle?

0o


Whereas . . . . . . . . . has instituted the aove suit against . . . . . . . . . for . . . . . . . . . and whereas it appearsnecessar! that !ou should e added as a plaintiff in the said suit in order to enale the Court effectuall! andcompletel! to adGudicate upon and settle all the Duestions involved.

0aFe notice that !ou should on or efore the . . . . . . . . . da! of . . . . . . . . . $,... signif! to this Court whether!ou consent to e so added.


Judge.

*o. 2

Summons to 'egal Representative of a 7eceased 7efendant

>6. 99 R. 4.?

>0itle?

0o

Whereas the plaintiff . . . . . . . . . instituted a suit in this Court on the . . . . . . . . . da! of . . . . . . . . . $,...against the defendant . . . . . . . . . who has since deceased and whereas the said plaintiff has made anapplication to this Court alleging that !ou are the legal representative of the said deceased and desiring that!ou e made the defendant in his stead;

+ou are here! summoned to attend in this Court on the . . . . . . . . . da! of . . . . . . . . . $,... at . . . . . . . . .a.m. to defend the said suit and in default of !our appearance on the da! specified the said suit will eheard and determined in !our asence.


Judge.

*o. 3

6rder for 0ransmission of Summons for Service in the Jurisdiction of another Court

>6. R. 9$.?

>0itle?

Whereas it is stated that

defendantOwitness in the aove suit is at present residing in . . . . . . . . . " (t is ordered that a summonsreturnale on the da! of . . . . . . . . . $,... e forwarded to the Court of . . . . . . . . . for service on the saiddefendantOwitness with a duplicate of this proceeding.

0he court#fee of . . . . . . . . . chargeale in respect to the summons has een realised in this Court in

stamps.7ated . . . . . . . . . $, . . .

Judge.

*o. %

6rder for 0ransmission of Summons to e Served on a &risoner

>6. R. 9.?

>0itle?

0o





>a?

>?

>a? Here state whether the person served signed or refused to sign the process and in whose presence.

>? Signature of process#server.

or

>-? 0he said . . . . . . . . . . . . . . . . . . not eing personall! Fnown to me . . . . . . . . . . . . . . . accompanied me tothe said summonsOnotice on hisOher on the . . . . . . . . . da! of . . . . . . . . . $, . . . at aout. . . . . . . . . . . . . . .oKclocF in the . . . . . . . . . . . . . noon at . . . . . . . . . . . . . . . ! tendering a cop! thereof to himOher and reDuiringhis Oher signature to the original summonsOnotice.

>a?

>?

>a? Here state whether the person served signed or refused to sign the process and in whose presence.


or

>-? 0he said . . . . . . . . . . . . . . . and the house in which he ordinaril! resides eing personall! Fnown to me (went to the said house in . . . . . . . . . . . . . . . and thereon the . . . . . . . . . . . . . . . da! of . . . . . . . . . $,... ataout . . . . . . . . . oKclocF in the . . . . . . . . . noon ( did not find the said. . . . . . . . . . . .

>a?

>?

>a? Enter full! and exactl! the manner in which the process was served with special reference to 6rder rules $ and $3.


or

>-? 6ne . . . . . . . . . accompanied me to . . . . . . . . . and there pointed out to me which he said was the housein which . . . . . . . . . ordinaril! resides. ( did not find the said there.

>a?

>?

>a? Enter full! and exactl! the manner in which the process was served with special reference to 6rder rule $ and $3.


or

(f sustituted service has een ordered state full! and exactl! the manner in which the summons was servedwith special reference to the terms of the order for sustituted service.

SwornOAffirmed ! the said . . . . . . . . efore me this. . . . da! of . . . . . . . . . $,... efore me this

Empowered under section $-, of the Code

of Civil &rocedure $,<% to administer the

oath to deponents.

*o. $9

*otice 0o 7efendant



>6. , R. 2.?

>0itle?

0o


Whereas this da! was fixed for the hearing of the aove suit and a summons was issued to !ou and the

plaintiff has appeared in this Court and !ou did not so appear ut from the return of the *air it has eenproved to the satisfaction of the Court that the said summons was served on !ou ut not in sufficient time toenale !ou to appear and answer on the da! fixed in the said summons;

*otice is here! given to !ou that the hearing of the suit is adGourned this da! and that the da! of . . . . . . . . .$,... is now fixed for the hearing of the same; in default of !our appearance on the da! last mentioned thesuit will e heard and determined in !our asence.

1(8E* under m! hand and the seal of the Court this . . . . . . . . . da! . . . . . . . . . $,...

Judge.

*o. $-

Summons 0o Witness

>6. $2 RR. $ .?

>0itle?

0o

Whereas !our attendance is reDuired to . . . . . . . . . on ehalf of the . . . . . . . . . in the aove suit !ou arehere! reDuired @personall! to appear efore this Court on the . . . . . . . . . da! of . . . . . . . . . $, . . . at . . . . . .. . . oKclocF in the forenoon and to ring with !ou @or to send to this . . . . . . . . . Court.

A sum of Rs. . . . . . . . . . eing !our travelling and other expenses and susistence allowance for one da! isherewith sent. (f !ou fail to compl! with this order without lawful excuse !ou will e suGect to theconseDuences of non#attendance laid down in rule $9 of 6rder 58( of the Code of Civil &rocedure $,<%.


Judge.

*otice.I>$? (f !ou are summoned onl! to produce a document and not to give evidence !ou shall edeemed to have complied with the summons if !ou cause such document to e produced in this Court on theda! and hour aforesaid.

>9? (f !ou are detained e!ond the da! aforesaid a sum of Rs. . . . . . . . . . will e tendered to !ou for eachda!Ks attendance e!ond the da! specified.

*o. $4

&roclamation ReDuiring Attendance 6f Witness

>6. $2 R. $<?

>0itle?

0o

Whereas it appears from the examination on oath of the serving officer that the summons could not eserved upon the witness in the manner prescried ! law" and whereas it appears that the evidence of thewitness is material and he asconds and Feeps out of the wa! for the purpose of evading the service of thesummons" 0his proclamation is therefore under rule $< of 6rder 58( of the Code of Civil &rocedure $,<%issued reDuiring the attendance of the witness in this Court on the . . . . . . . . .. . . . . . da!of . . . . . . . . . . . . . . . $, . . . . . . . . . . at . . . . . . . . . oKclocF in the forenoon and from da! to da! until he shall



have leave to depart; and if the witness fails to attend on the da! and hour aforesaid he will e dealt withaccording to law.

1iven under m! hand and the seal of the Court this . . . . . . . . . . . .. . . . . da! of . . . . . . . $,. . . . . . .

Judge.

*o. $

&roclamation ReDuiring Attendance 6f Witness

>6. $2 R. $<.?

>0itle?

0o

Whereas it appears from the examination on oath of the serving officer that the summons has een dul!served upon the witness and whereas it appears that the evidence of the witness is material and he hasfailed to attend in compliance with such summons" 0his proclamation is therefore under rule $< of 6rder58( of the Code of Civil &rocedure $,<% issued reDuiring the attendance of the witness in this Court on theda! of . . . . . . . . .. . . . . . $, at .. . . . . . . . . . . . . . oKclocF in the forenoon and from da! to da! until he shallhave leave to depart; and if the witness fails to attend on the da! and hour aforesaid he will e dealt withaccording to law.

1iven under m! hand and the seal of the Court. this . . . . . . . . . . . . . . . . . da! of . . . . . . . . . $, . . . . ..

Judge.

*o. $2

Warrant 6f Attachment 6f &ropert! 6f Witness

>6. $2 R. $<.?

>0itle?

0o

0he =ailiff of the Court.

Whereas the witness . . . . . . . . .

cited ! . . . . . . . . . . . .

has not after the expiration of the period limited in the proclamation issued for his attendance appeared inCourt; +ou are here! directed to hold under attachment . . . . . . . . . propert! elonging to the said witness tothe value of . . . . . . . . . and to sumit a return accompanied with an inventor! thereof within . . . . . . . . .da!s.

1iven under m! hand and the seal of the Court this . . . . . . . . . da! of . . . . . . . . . . . .. . . $, . . . . . .

Judge.

*o. $3

Warrant 6f Arrest 6f Witness

>6. $2 R. $<.?

>0itle?

0o


Whereas . . . . . . . . . has een dul! served with a summons ut has failed to attend >asconds and Feeps outof the wa! for the purpose of avoiding service of a summons?; +ou are here! ordered to arrest and ring thesaid . . . . . . . . . efore the Court.



+ou are further ordered to return this warrant on or efore the . . . . . . . . . da! of $,... with an endorsementcertif!ing the da! on and the manner in which it has een executed or the reason wh! it has not eenexecuted.


Judge.

*o. $%

Warrant 6f Committal

>6. $2 R. $2.?

>0itle?

0o

0he 6fficer in charge of the Jail at

Whereas the plaintiff >or defendant? in the aove#named suit has made application to this Court that securit!e taFen for the appearance of . . . . . . . . . to . . . . . . . . . give evidence >or to produce a document? onthe . . . . . . . . . da! of . . . . . . . . . $,...; and whereas the Court has called upon the said . . . . . . . . . to furnishsuch securit! which he has failed to do; 0his is to reDuire !ou to receive the said....into !our custod! in the

civil prison and to produce him efore this Court at . . . . . . . . . on the said da! and on such other da! or da!sas ma! e hereafter ordered.


Judge.

*o. $,

Warrant 6f Committal

>6. $2 R. $%.?

>0itle?

0o

0he 6fficer in Charge of the Jail at

Whereas whose attendance is reDuired efore this Court in the aove#named case to give evidence >or toproduce a document? has een arrested and rought efore the Court in custod!; and whereas owing to theasence of the plaintiff >or defendant? the said . . . . . . . . . cannot give such evidence >or produce suchdocument?; and whereas the Court has called upon the said . . . . . . . . . to give securit! for his appearanceon the . . . . .. . . . . . . . . da! of . . . . . . . $,. . . at . . . . . . . . . which he has failed to do; 0his is to reDuire !outo receive the said... into !our custod! in the civil prison and to produce him efore this Court at . . . . . . . . .on the . . . . . . . . . da! of . . . . . . . . . $,....


Judge.

Appendix C

7(SC68ER+ (*S&EC0(6* A*7 A7)(SS(6*

*o. $

6rder for 7eliver! of (nterrogatories

>6. $$ R. $.?

(n the Court of . . . . . . . . . Civil Suit *o. . . . . . . . of . . . . . . . . . $, . . . . . . . . .

A.=. . . . . &laintiff



against

C. 7. E. :. and 1. H . . . . . . . . . 7efendants.

/pon hearing . . . . . . . . . and upon reading the affidavit of . . . . . . . . . filed the . . . . . . . . . da! of . . . $, . . . . .. . . . (t is ordered that the . . . . . . . . . e at liert! to deliver to the . . . . . . . . . . . . . . . . . . .interrogatories inwriting and that the said . . . . . . . . . do answer the interrogatories as prescried ! 6rder 5( rule % and thatthe costs of this application e.

*o. 9

(nterrogatories

>6. $$ R. 4.?

>0itle as in *o. $ supra.?

(nterrogatories on ehalf of the aove#named @&laintiff or defendant C.7. for the examination of the aove#named @defendants E.:. and 1. H. or plaintiff.

$. 7id not etc.

9. Has not etc. . . . . . . . . . etc. . . . . . . . . . etc. . . . . . . . . . etc.

@0he defendant E. :. is reDuired to answer the interrogatories numered. . . . . . . . . ..

@0he defendant 1.H. is reDuired to answer the interrogatories numered. . . . . . . . . . .

*o. -

Answer 0o (nterrogatories

>6. $$ R. ,.?


0he answer of the aove#named defendant E.:. to the interrogations for his examination ! the aove#named plaintiff.

(n answer to the said interrogatories ( the aove#named E.:. maFe oath and sa! as follow"I

$.

9. Enter answers to interrogatories in paragraphs numered consecutivel!.7J<

-. ( oGect to answer the interrogatories numered on the ground that @state grounds of oGection.

*o. 4

6rder for Affidavit as to 7ocuments

>6. $$ R. $9.?


/pon hearing . . . . . . . . . ; (t is ordered that the . . . . do within . . . . . . . . . da!s from the date of this order

answer on affidavit stating which documents are or have een in his possession or power relating to thematter in Duestion in this suit and that the costs of this application e.

*o.

Affidavit as to 7ocuments

>6. $$ R. $-.?


( the aove#named defendant C. 7. maFe oath and sa! as follows"I



$. ( have in m! possession or power the documents relating to the matters in Duestion in this suit set forth inthe first and second parts of the first schedule hereto.

9. ( oGect to produce the said documents set forth in the second part of the first schedule hereto @stategrounds of oGection.

-. ( have had ut have not now in m! possession or power the documents relating to the matters in Duestionin this suit set forth in the second schedule hereto.

4. 0he last#mentioned documents were last in m! possession or power on @state when and what has ecomeof them and in whose possession the! now are.

. Accordingl! to the est of m! Fnowledge information and elief ( have not now and never had in m!possession custod! or power or in the possession custod! or power of m! pleader or agent or in thepossession custod! or power of an! other person on m! ehalf an! account ooF of account voucherreceipt letter memorandum paper or writing or an! cop! of or extract from an! such document or an! other documents whatsoever relating to the matters in Duestion in this suit or an! of them or wherein an! entr!has een made relative to such matters or an! of them other than and except the documents set forth in thesaid first and second schedules hereto.

*o. 2

6rder to &roduce 7ocuments for (nspection

>6. $$ R. $4.?

>0itle as in *o. $ supra?.

/pon hearing . . . . . . . . . and upon reading the affidavit of . . . . . . . . . filed the da! of . . . . . . . . . $,... (t isordered that the . . . . . . . . . do at all reasonale times on reasonale notice produce at . . . . . . . . . situateat . . . . . . . . . the following documents namel! . . . . . . . . . and that the . . . . . . . . . e at lier! to inspectand persue the documents so produced and to maFe notes of their contents. (n the meantime it is orderedthat all further proceedings e sta!ed and that the costs of this application e.

*o. 3

*otice to &roduce 7ocuments

>6. $$. R. $2?


0aFe notice that the @plaintiff or defendant reDuires !ou to produce for his inspection the following documentsreferred to in !our @plaint or written statement or affidavit dated that . . . . . . . . . da! of . . . . . . . . . $,....

@7escrie documents reDuired.

5. +. &leader for the

0o N. &leader for the.

*o. %

*otice to (nspect 7ocuments

>6. $$ R. $3.?

>0itle as in *o. $. supra.?

0aFe notice that !ou can inspect the documents mentioned in !our notice of the . . . . . . . . . da! of . . . . . . . . .$,... except the documents numered in that notice at @insert place of inspection on 0hursda! next . . . . . . .. . . . . . the instant etween the hours of $9 and 4 oKclocF.

6r that the @plaintiff or defendant oGects to giving !ou inspection of documents mentioned in !our notice ofthe . . . da! of . . . . . . . . . $,... on the ground that @State the ground.

*o. ,



*otice to Admit 7ocuments

>6. $9 R. -.?


0aFe notice that the plaintiff @or defendant in this suit proposes to adduce in evidence the several documenthereunder specified and that the same ma! e inspected ! the defendant @or plaintiff his pleader or agentat . . . . . . . . . on . . . . . . . . . etween the hours of . . . . . . . . . ; and the defendant @or plaintiff is here!

reDuired within fort!#eight hours from the ... last#mentioned hour to admit that such of the said documents asare specified to e originals were respectivel! written signed or executed as the! purport respectivel! tohave een; that such as are specified as copies are true copies; and such documents as are stated to haveeen served sent or delivered were so served sent or delivered respectivel! saving all Gust exceptions tothe admissiilit! of all such documents as evidence in this suit.

1.H. pleader @or agent for plaintiff

@or defendant

0o E.:. pleader @or agent for defendant @or plaintiff.

@Here descrie the documents and specif! as to each document whether it is original or a cop!.

*o. $<

*otice to Admit :acts

>6. $9 R. .?


0aFe notice that the plaintiff @or defendant in this suit reDuires the defendant @or plaintiff to admit for thepurposes of this suit onl! the several facts respectivel! hereunder specified; and the defendant @or plaintiff ishere! reDuired within six da!s from the service of this notice to admit the said several facts saving all Gustexceptions to the admissiilit! of such facts as evidence in this suit.

1.H. pleader @or agent for plaintiff @or defendant.


0he facts the admission of which is reDuired are"I

$. 0hat ). died on the $st Januar! $%,<.

9. 0hat he died intestate.

-. 0hat *. was his onl! lawful son.

4. 0hat 6. died on the $st April $%,2.

. 0hat 6. was never married.

*o. $$

Admission of :acts &ursuant to *otice

>6. $9 R. .?


0he defendant @or plaintiff in this suit for the purposes of this suit onl! here! admits the several factsrespectivel! hereunder specified suGect to the Dualifications or limitations if an! hereunder specifiedsaving all#Gust exceptions to the admissiilit! of an! such facts or an! of them as evidence in this suit"

&rovided that this admission is made for the purposes of this suit onl! and is not an admission to e usedagainst the defendant @or plaintiff on an! other occasion or ! an! one other than the plaintiff @or defendantor part! reDuiring the admission.



E.:. pleader @or agent for defendant

@or plaintiff

0o 1.H. pleader @or agent for plaintiff @or defendant.

:acts admitted

Mualification or limitation if an! suGect to which the! are admitted

$. 0hat ). died on (st Januar! $%,<

9. 0hat he died intestate

-. 0hat *. was his lawful son

4. 0hat 6. 7ied

. 0hat 6. was never married.

$.

9.

-. =ut not that he was hid onl! lawfulo son .

4. =ut not that he died on the (st April $%,2.

.

*o. $9

*otice to &roduce >1eneral :orm?

>6. $9 R. %.?

>0itle as in *o. $ supra?

0aFe notice that !ou are here! reDuired to produce and show to the Court at the first hearing of this suit allooFs papers letters copies of letters and other writings and documents in !our custod! possession ofpower containing an! entr! memorandum or minute relating to the matters in Duestion in this suit and

particularl!.

1.H. pleader @or agent for plaintiff @or defendant.


A&&E*7(5 7

7ECREES

*o. $

7ecree in 6riginal Suit

>6. 9< RR. 2 3.?

>0itle?

Claim for

0his suit coming on this da! for final disposal efore . . . . . in the presence of . . . . . . . . . for the plaintiff andof . . . . . . . . . . . . for the defendant it is ordered and decreed that . . . . . . . . . and that the sum ofRs. . . . . . . . . . e paid ! the . . . . . . . . . to the . . . . . . . . . on account of the costs of this suit with interestthereon at the rate of . . . . . . . . . per cent per annum from this date to date of realiation.

1iven under m! hand and the seal of the Court this . . . . . . . da! of . . . . . . . . . $,...

Judge.



Costs of Suit

&laintiff

7efendant

Rs.

A.

&.

Rs.

A.

&.

stamp for plaint

7o. :or power

7o. 6f exhiits

&leaderKs fee on Rs.

Susistence for witnesses

Commission fee

Service of process

0otal

Stamp for &ower

7o.for petition

&leaderKs fee


Service of process

CommissionerKs fee

0otal

*o. 9

Simple )one! 7ecree

>Section -4?

>0itle?

Claim for

0his suit coming on this . . . . . . . . . da! for final disposal efore . . . . . . . . . in the presence of . . . . . for theplaintiff and of . . . . . . . . . for the defendant; (t is ordered that the . . . . . . . .do pa! to the . . . .. . . the sum ofRs. . . . . . . . . . with interest thereon at the rate of . . . . . . . . . per cent per annum from . . . . . . to the date ofrealiation of the said sum and do also pa! Rs.... the cost of this suit with interest thereon at the rateof . . . . . . . . . per cent per annum from this date to the date of realiation.

1iven under m! hand and the seal of the Court this . . . . . . . . . da! . . . . of . . . . $, . . .

Judge.

Costs of Suit



&laintiff

7efendant

Rs.

A.

&.

Rs.

A.

&.

Stamp for plaint

7o. :or power

7o. 6f exhiits



Commission

Serivce of process

0otal

Stamp for power

7o. for petition

&leaderKs fee


Service of process

CommissionerKs fee

0otal

*o. -

&reliminar! 7ecree for :oreclosure

>6rder 555(8 Rule 9IWhere accounts are directed to e taFen.?

>0itle?

0his suit coming on this . . . . . . . . . da! etc.; (t is here! ordered and decreed that it e referredto . . . . . . . . . . . . as this Commissioner to taFe the accounts following"I

>i? an account of what is due on this date to the plaintiff for principal and interest on his mortgage mentionedin the plaint >such interest to e computed at the rate pa!ale on the principal or where no such rate is fixedat six per cent per annum or at such rate as the Court deems reasonale?;

>ii? an account of the income of the mortgaged propert! received up to this date ! the plaintiff or ! an!other person ! the order or for the use of the plaintiff or which without the wilful default of the plaintiff orsuch person might have een so received;

>iii? an account of all sums of mone! properl! incurred ! the plaintiff up to this date for costs charges andexpenses >other than the costs of the suit? in respect of the mortgage#securit! together with interest thereon>such interest to e computed at the rate agreed etween the parties or failing such rate at the same rate asis pa!ale on the principal or failing oth such rates at nine per cent per annum?;



>iv? an account of an! loss or damage caused to the mortgaged propert! efore this date ! an! act oromission of the plaintiff which is destructive of or permanentl! inGurious to the propert! or ! his failure toperform an! of the duties imposed upon him ! an! law for the time eing in force or ! the terms of themortgage#deed.

9. And it is here! further ordered and decreed that an! amount received under clause >ii? or adGudged dueunder clause >iv? aove together with interest thereon shall first e adGusted against an! sums paid ! theplaintiff under clause >iii? together with interest thereon and the alance if an! shall e added to the

mortgage#mone! or as the case ma! e e deited in reduction of the amount due to the plaintiff onaccount of interest on the principal sum adGudged due and thereafter in reduction or discharge of theprincipal.

-. And it is here! further ordered that the said Commissioner shall present the account to this Court with allconvenient despatch after maFing all Gust allowances on or efore the . . . . da! of. . . . . . . . . and that uponsuch report of the Commissioner eing received it shall e confirmed and countersigned suGect to suchmodification as ma! e necessar! after consideration of such oGections as the parties to the suit ma! maFe.

4. And it is here! further ordered and decreedI

>i? that the defendant do pa! into Court on or efore the. . . . . . . .da! of . . . . . . . ... or an! later date up towhich time for pa!ment ma! e extended ! the Court such sum as the Court shall fined due and the sum of Rs...........for the costs of the suit awarded to the plaintiff.

>ii? that on such pa!ment and on pa!ment thereafter efore such date as the Court ma! fix of such amountas the Court ma! adGudge due in respect of such costs of the suit and such costs charges and expenses asma! e pa!ale under rule $< together with such suseDuent interest as ma! e pa!ale under rule $$ of6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure $,<% the plaintiff shall ring into Court alldocuments in his possession or power relating to the mortgaged propert! in the plaint mentioned and allsuch documents shall e delivered over to the defendant or to such person as he appoints and the plaintiffshall if so reDuired re#conve! or re#transfer the said propert! free from the said mortgage and clear of andfrom all incumrances created ! the plaintiff or an! person claiming under him or an! person under whomhe claims and free from all liailit! whatsoever arising from the mortgage or this suit and shall if so reDuireddeliver up to the defendant Duiet and peaceale possession of the said propert!.

. And it is here! further ordered and decreed that in default of pa!ment as aforesaid the plaintiff shall eat liert! to appl! to the Court for a f inal decree that the defendant shall thenceforth stand asolutel!

dearred and foreclosed of and from all right to redeem the mortgaged propert! descried in the scheduleannexed hereto and shall if so reDuired deliver up to the plaintiff Duiet and peaceale possession of the saidpropert!; and that the parties shall e at liert! to appl! to the Court from time to time as the! ma! haveoccasion and on such application or otherwise the Court ma! give such directions as it thinFs fit.

Schedule

7escription of the mortgaged propert!

*o. -A

&reliminar! 7ecree for :oreclosure

>6rder 555(8 Rule 9IWhere the Court declares the amount due.?

>0itle?

0his suit coming on this.........da! etc.; (t is here! declared that the amount due to the plaintiff on hismortgage mentioned in the plaint calculated up to this........da! of..........is the sum of Rs..........for principalthe sum of Rs......for interest on the said principal the sum of Rs.....for costs charges and expenses >otherthan the costs of the suit? properl! incured ! the plaintiff in respect of the mortgage#securit! together withinterest thereon and the sum of Rs. ........for the costs of this suit awarded to the plaintiff maFing in all sumof Rs.

9. And it is here! ordered and decreed as follows"I

>i? that the defendant do pa! into Court on or efore for.......da! of......or an! later date up to which time forpa!ment ma! e extended ! the Court of the said sum of Rs......;



>ii? that on such pa!ment and on pa!ment thereafter efore such date as the Court ma! fix of such amountas the Court ma! adGudge due in respect of such costs of the suit and such costs charges and expenses asma! e pa!ale under rule $< together with such suseDuent interest as ma! e pa!ale under rule $$ of6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure $,<% the plaintiff shall ring into Court alldocuments in his possession or power relating to the mortgaged propert! in the plaint mentioned and allsuch documents shall e delivered over to the defendant or to such person as he appoints and the plaintiffshall if so reDuired re#conve! or re#transfer the said propert! free from the said mortgage and clear of andfrom all incumrances created ! the plaintiff or an! person claiming under him or an! person under whom

he claims and free from all liailit! whatsoever arising from the mortgage or this suit and shall if so reDuireddeliver up to the defendant Duiet and peaceale possession of the said propert!.

-. And it is here! further ordered and decreed that in default if pa!ment as aforesaid the plaintiff ma! appl!to the Court for a final decree that the defendant shall thenceforth stand asolutel! dearred and foreclosedof and from all right to redeem the mortgaged propert! descried in the Schedule annexed hereto and shallof so reDuired deliver up to the plaintiff Duiet and peaceale possession of the said propert!; and that theparties shall e at liert! to appl! to the Court from time to time as the! ma! have occasion and on suchapplication or otherwise the Court ma! give such directions as it thinFs fit.

Schedule


*o. 4:inal 7ecree for :oreclosusre

>6rder 555(8 Rule -.?

>0itle?

/pon reading the preliminar! decree in this suit on the......da! of......and further orders >if an!? datedthe.......da! of......and the application of the plaintiff dated the.......da! of.......for a final decree and afterhearing the parties and it appearing that the pa!ment directed ! the said decree and orders had not eenmade ! the defendant or an! person on his ehalf or an! other person entitled to redeem the saidmortgage;

(t is here! ordered and decreed that the defendant and all persons claiming through or under him e and

the! are here! asolutel! dearred and foreclosed of and from all right of redemption of and in the propert!in the aforesaid preliminar! decree mentioned; Words not reDuired to e deleted.

@4-@and >if the defendant e in possession of the said mortgaged propert!? that the defendant shall deliverto the plaintiff Duiet and peaceale possession of the said mortgaged propert!.

9. And it is here! further declared that the whole of the liailit! whatsoever of the defendant up to this da!arising from the said mortgage mentioned in the plaint or from this suit is here! discharged andextinguished.

*o.

&reliminar! 7ecree for Sale

>6rder 555(8 Rule 4IWhere accounts are directed to e taFen?

>0itle?

0his suit coming on this......da! etc; (t is here! ordered and decree that it e referred to as theCommissioner to taFe the accounts following"I

>i? an account of what is due on this date to the plaintiff for principal and interest on his mortgage mentionedin the plaint >such interest to e computed at the rate pa!ale on the principal or where no such rate is fixedat six per cent per annum or at such rate as the Court deems reasonale?;

>ii? an account of the income of the mortgaged propert! received up to this date ! the plaintiff or ! an!other person ! the order or for the use of the plaintiff or which without the wilful default of the plaintiff orsuch person night have een se received;



>iii? an account of all sums of mone! properl! incurred ! the plaintiff up to this date for costs charges andexpenses >other than the costs of the suit? in respect of the mortgage#securit! together with interest thereon>such interest to e computed at the rate agreed etween the parties or failing such rate at the same rateas is pa!ale on the principal or failing oth such rates at nine per cent. per annum?;

>iv? an account of an! loss or damage caused to the mortgaged propert! efore this date ! an! act oromission of the plaintiff which is destructive of or permanentl! inGurious to the propert! or ! his failure toperform an! of the duties imposed upon him ! an! law for the time eing in force or ! the terms of the

mortgage#deed.

9. And it is here! further ordered and decreed that an! amount received under clause >ii? or adGudged dueunder clause >iv? aove together with interest thereon shall first e adGusted against an! sums paid ! theplaintiff under clause >iii? together with interest thereon and the alance if an! shall e added to themortgage#mone! or as the case ma! e e deited in reduction of the amount due to the plaintiff onaccount of interest on the principal sum adGudged due and thereafter in reduction or discharge of theprincipal.

-. And it is here! further ordered that the said Commissioner shall present the account to this Court with allconvenient despatch after maFing all Gust allowances on or efore the.......da! of....... and that upon report ofthe Commissioner eing received it shall e confirmed and countersigned suGect to such modification asma! e necessar! after consideration of such oGections as the parties to the suit ma! maFe.

4. And it is here! further order and decreedI>i? that the defendant do pa! into Court on or efore the......da! of.......or an! later date up to which time forpa!ment ma! e extended ! the Court such sum as the Court shall find due and the sum of Rs.......for thecosts of the suit awarded to the plaintiff;

>ii? that on such pa!ment and on pa!ment thereafter efore such date as the Court ma! fix of such amountas the Court ma! adGudge due in respect of such costs of the suit and such costs charges and expenses asma! e pa!ale under rule $< together with such suseDuent interest as ma! e pa!ale under rule $$ of6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure $,<% the plaintiff shall ring into Court alldocuments in his possession or power relating to the mortgaged propert! in the plaint mentioned and allsuch documents shall e delivered over to the defendant or to such person as he appoints and the plaintiffshall if so reDuired re#conve! or re#transfer the said propert! free from the mortgage and clear of and fromall incumrances created ! the plaintiff or an! person claiming under him or an! person under whom he

claims and shall if so reDuired deliver up to the defendant Duiet and peaceale possession of the saidpropert!.

. And it is here! further ordered and decreed that in default of pa!ment as aforesaid the plaintiff ma!appl! to the Court for a final decree for the sale of the mortgaged propert!; and on such application eingmade the mortgaged propert! or a sufficient part thereof shall e directed to e sold; and for the purposes ofsuch sale the plaintiff shall produce efore the Court or such officer as it appoints all documents in hispossession or power relating to the mortgaged propert!.

2. And it is here! further order and decreed that the mone! realised ! such sale shall e paid into Courtand shall e dul! applied >after deduction therefrom of the expenses of the sale? in pa!ment of the amountpa!ale to the plaintiff under this decree and under an! further orders that ma! e passed in this suit and inpa!ment of an! amount which the Court ma! adGudge due to the plaintiff in respect of such costs of the suitand such costs charges and expenses as ma! e pa!ale under rule $< together with such suseDuent

interest as ma! e pa!ale under rule $$ of 6rder 555(8 of the :irst Schedule to the code of Civil&rocedure $,<% and that the alance if an! shall e paid to the defendant or other persons entitled toreceive the same.

3. And it is here! further ordered and decreed that if the mone! realised ! such sale shall not e sufficientor pa!ment in full of the amount pa!ale to the plaintiff as aforesaid the plaintiff shall e at liert! >wheresuch remed! is open to him under the terms of his mortgage and is not arred ! an! law for the time eingin force? to appl! for a personal decree against the defendant for the amount of the alance; and that theparties are at liert! to appl! to the Court from time to time as the! ma! have occasion and on suchapplication or otherwise the Court ma! give such directions as it thinFs fit.

Schedule



7escription of the mortgaged propert!.

*o. A


>6rder 555(8 Rule 4IWhen the Court declares the amount date.?

>0itle?

0his suit coming on this. . . . . . . . . .da! etc; (t is here! declared that the amount due to the plaintiff on themortgage mentioned in the plaint calculated up to this. . . . . . . . . . . . .da! of. . . . . . . . . .is the sum ofRs. . . . . . . . . for principal the sum of Rs. . . . . . . . . . . . for interest on the said principal the sum ofRs. . . . . . . . . . . . for costs charges and expenses >other than the costs of the suit? properl! incurred ! theplaintiff in respect of the mortgage#securit! together with interest thereon and the sum of Rs. . . . . . . . . . . .for the costs of the suit awarded to the plaintiff maFing in all the sum of Rs.


>i? that the defendant do pa! into Court on or efore the. . . . . . . . . . . .da! of. . . . . . . . . or an! later date upto which time for pa!ment ma! e extended ! the Court the said sum of Rs. . . . . . . . . .;

>ii? that on such pa!ment and on pa!ment thereafter efore such date as the Court ma! fix of such amountas the Court ma! adGudge due in respect of such costs of the suit and such cost charges and expenses as

ma! e pa!ale under rule $< together with such suseDuent interest as ma! e pa!ale under rule $$ of6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure $,<% the plaintiff shall ring into Court alldocuments in his possession or power relating to the mortgaged propert! in the plaint mentioned and allsuch documents shall e delivered over to the defendant or to such person as he appoints and the plaintiffshall if so reDuired re#conve! or re#transfer the said propert! free from the said mortgage and clear of andfrom all incumrances created ! the plaintiff or an! person claiming under him or an! person under whomhe claims and shall if so# reDuired deliver up to the defendant Duiet and peaceale possession of the saidpropert!.

-. And it is here! further ordered and decreed that it default of pa!ment as aforesaid the plaintiff ma! appl!to the Court for a final decree for the sale of the mortgaged#propert!; and on such application eing madethe mortgaged propert! or a sufficeint part thereof shall e directed to e sold; and for the purposes of suchsale the plaintiff shall produce efore the Court or such officer as it appoints all documents in his possession

of power relating to the mortgaged propert!.4. And it is here! further ordered and decreed that the mone! realised ! such sale shall e paid into Courtand shall e dul! applied >after deduction herefrom of the expenses of the sale? in pa!ment of the amountpa!ale to the plaintiff under this decree and under an! further orders that ma! e passed in this suit and inpa!ment of an! amount which the Court ma! adGudge due to the plaintiff in respect of such costs of the suitand such costs charges and expenses as ma! e pa!ale under rule $< together with such suseDuentinterest as ma! e pa!ale under rule $$ of 6rder 555(8 of the :irst Schedule to the Code of Civil&rocedure $,<% and that the alance if an! shall e paid to the defendant or other persons entitled toreceived the same.

. And it is here! further ordered and decreed that if the mone! realised ! such sale such not e sufficientfor pa!ment in full of the amount pa!ale to the plaintiff as aforesaid the plaintiff shall e at liert! >wheresuch remed! is open to him under the terms of his mortgage and is not arred u! an! law for the time eing

in force? to appl! for a personal decree against the defendant for the amount of the alance; and that theparties are at liert! to appl! to the court from time to time as the! ma! have occasion and on suchapplication or otherwise the Court ma! give such directions as it thinFs fit.

Schedule


*o. 2

:inal 7ecree for Sale

>6rder 555(8 Rule ?



>0itle?

/pon reading the preliminar! decree passed in this suit on the. . . . . . . . . da! of. . . . . . . . . and further orders>if an!? dated the. . . . . . . . . .da! of. . . . . . . . . .and the application of the plaintiff dated the. . . . . . . . . da!of. . . . . . . . . .for a final decreed and after hearing the parties and it appearing that the pa!ment directed !the said decree and orders has not een made ! the defendant or an! person on his ehalf or an! otherperson entitled to redeem the mortgage;

(t is here! ordered and decreed that the mortgaged propert! in the aforesaid preliminar! decree mentionedor a sufficient part thereof e sold and that for the purposes of such sale the plaintiff shall produce efore theCourt or such officer as it appoints all documents in his possession or power relating to the mortgagedpropert!.

9. And it is here! further ordered and decreed that the mone! realised ! such sale shall e paid into theCourt and shall e dul! applied >after deduction therefrom of the expenses of the sale? in pa!ment of theamount pa!ale to the plaintiff under the aforesaid preliminar! decree and under an! further orders that ma!have een passed in this suit and in pa!ment of an! amount which the Court ma! have adGudged due to theplaintiff for such costs of the suit including the costs of this application and such costs charges andexpenses as ma! e pa!ale under rule $< together with such suseDuent interest as ma! e pa!aleunder rule $$ of 6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure $,<% and that thealance if an! shall e paid to the defendant or other persons entitled to receive the same.

*o. 3&reliminar! 7ecree for Redemption where on 7efault of &a!ment ! )ortgagor a 7ecree for :oreclosure is&assed

>6rder 555(8 Rule 3.IWhere accounts are directed to e taFen.?

>0itle?

0his suit coming on this. . . . . . . . . da! etc.; (t is here! ordered and decreed that it e referred to as theCommissioner to taFe the account following"I

>i? an account of what is due on this date to the defendant for principal and interest on the mortgagementioned in the plaint >such interest to e computed at the rate pa!ale on the principal or where no suchrate is fixed at six per cent per annum or at such rate as the Court deems reasonale?;

>ii? an account of the income of the mortgaged propert! received up to this date ! the defendant or ! an!other person ! order or for the use of the defendant or which without the wilful default of the defendant orsuch person might have een so received;

>iii? an account of all sums of mone! properl! incurred ! the defendant up to this date for costs charges andexpenses >other than the costs of the suit? in respect of the mortgage#securit! together with interest thereon>such interest to e computed at the rate agreed etween the parties or failing such rate at the same rateas it pa!ale on the principal or failing oth such rate at nine per cent per annum?;

>iv? an account of an! loss or damage caused to the mortgaged propert! efore this date ! an! act oromission of the defendant which is destructive of or permanentl! inGurious to the propert! or ! his failure toperform an! of the duties imposed upon him ! an! law for the time eing in force or ! the term of themortgage#deed.

9. (t is here! further ordered and decreed that an! amount received under clause >ii? or adGudged due undercaluse >iv? aove together with interest thereon shall e adGusted against an! sums paid ! the defendantunder clause >iii? together with interest thereon and the alance if an! shall e added to the mortgage#mone! or as the case ma! e e deited in reduction of the amount due to the defendant on account ofinterest on the principal sum adGudged due and thereafter in reduction or discharge of the principal.

-. And it is here! further ordered that the said Commissioner shall present the account to this Court with allconveninent despatch after maFing all Gust allowances on or efore the. . . . . . . . . .da! of. . . . . . . . . and thatupon such report of the Commissioner eing received it shall e confirmed and countersigend suGect tosuch modification as ma! e necessar! after consideration of such oGections as the parties to the suit ma!maFe.



4. And it is here! further ordered and decreedI

>i? that the plaintiff to pa! into Court on or efore the. . . . . . . . . . . . da! of. . . . . . . . . or an! later date up towhich time for pa!ment ma! e extended ! the Court such sum as the Court shall find due and the sum ofRs. . . . . . . . . . . . . . . .for the costs of the suit awarded to the defendant;

>ii? that on such pa!ment and on pa!ment thereafter efore such date as the Court ma! fix of such amountas the Court ma! adGudge due in respect of such costs of the suit and such costs charges and expenses as

ma! e pa!ale under rule $< together with such suseDuent interest as ma! e pa!ale under rule $$ of6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure $,<% the defendant shall ring into Courtall documents in his possession or power relating to the mortgaged propert! in the plaint mentioned and allsuch documents shall e delivered over the the plaintiff or to such person as he appoints and the defendantshall if so reDuired re#conve! or re#transfer the said propert! free from the said mortgage and clear of andfrom all incumrances created ! the defendant or an! person claiming under him or an! person underwhom he claims and free from all liailit! whatsoever arising from the mortgage or this suit and shall if soreDuired deliver up to the plaintiff Duiet and peaceale possession of the said propert!.

. And it is here! further ordered and decreed that in default of pa!ment as aforesaid the defendant shalle at liert! to appl! to the Court for a final decree that the plaintiff shall thenceforth stand asolutel!dearred and foreclosed of and from all right to redeem the mortgaged propert! descried in the Scheduleannexed hereto and shall if so reDuired deliver up to the defendant Duiet and peaceale possession of thesaid propert!; and that the parties shall e at liert! to appl! to the Court from time to time as the! ma! have

occasion and on such application or otherswise the Court ma! give such directions as it thinFs fit.


*o. 3A

&reliminar! 7ecree for Redemption where on 7efault of &a!ment ! )ortgagor a 7ecree for Sale is &assed

>6rder 555(8 Rule 3.IWhere accounts are directed to e taFen.?

>0ile?

0his suit coming on this . . . . . . . . . . . . .da! etc.; (t is her! ordered and decreed that it e referred to . . . . . .. . . . . . . . . as the Commissioner to taFe the accounts following"I

>i? an account of what is due on this date to the defendant for principal and interest on the mortgage

mentioned in the plaint >such interest to e computed at the rate pa!le on the principal or where no suchrate is fixed at six per cent per annum or at such rate as the Court deems reasonale?;

>ii? an account of the income of the mortgaged propert! received up to this date ! the defendant or ! an!other person ! the order or for the use of the defendant or which without the wilful default of the defendantor such person might have een so received;

>iii? an account of all sums of mone! propert! incurred ! the defendant upto this date for costs charges andexpenses >other than the costs of the suit? in respect of the mortgage#securit! together with interest thereon>such interest to e computed at the rate agreed etween the parties or failing such rate at the same rateas is pa!ale on the principal or failing oth such rates at nine per cent per annum?;

>iv? an account of an! loss or damage caused to the mortgaged propert! efore this date ! an! act orommission of the defendant which is destructive of or permanentl! inGurious to the propert! or ! his failure

to perform an! of the duties imposed upon him ! an! law for the time eing in force or ! the terms of themortgaged#deed.

9. And it is here! further ordered and decreed that an! amount received under clause >ii? or adGudged dueunder clause >iv? aove together with interest thereon shall first e adGusted against an! sums paid ! thedefendant under clause >iii? together with interest thereon and the alance if an! shall e added to themortgage#mone! or as the case ma! e e deited in reduction of the amount due to the defendant onaccount of interest on the principal sum adGudged due and thereafter in reduction or discharge of theprincipal.

-. And it is here! further ordered that the said Commissioner shall present the account to this Court with allconvenient despatch after maFing all Gust allowances on or efore the. . . . . . . . . . . . . . . da! of. . . . . . . . . . . .






>i? that the plaintiff do pa! into Court on or efore the . . . . . . . . . . . . . .da! of. . . . . . . or an! later date up towhich time for pa!ment ma! e extended ! the Court the said sum of Rs. . . . . . . . . . .;

>ii? that on such pa!ment and on pa!ment thereafter efore such date as the Court ma! fix of such amountas the Court ma! adGudge due in respect of such cost of the suit and such costs charges and expenses asma! e pa!ale under rule $< together with such suseDuent interest as ma! e pa!ale under rule $$ of

6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure $,<% the defendant shall ring into Courtall documents shall e delivered over to the plaintiff or to such person as he appoints and the defendantshall if so reDuired re#conve! or re#transfer the said propert! free from the said mortgage and clear of andfrom all incumrances created ! the defendant or an! person claiming under him or an! person underwhom he claims and free from all liailit! whatsoever arising from the mortgage or this suit and shall if soreDuired deliver up to the plaintiff Duiet and peaceale possession of the said propert!.

-. And it is here! further ordered and decrees that in default of pa!ment as aforesaid the defendant ma!appl! to the Court for a final decree that the plaintiff shall thenceforth stand asolutel! dearred andforeclosed of and from all right to redeem the mortgaged propert! descried in the schedule annexed heretoand shall if so reDuired deliver up to the defendant Duiet and peaceale possession of the said propert!;and that the parties shall e at liert! to appl! to the Court from time to time as the! ma! have occasion andon such application or otherwise the Court ma! give such directions as it thinFs fit.

Schedule7escription of the mortgaged propert!

*o. 3C

&reliminar! 7ecree for Redemption where on 7efault of &a!ment ! )ortgagor a 7ecree for Sale is &assed

>6rder 555(8 rule 3.IWhere the Court declares the amount due.?

>0itle?

0his suit coming on this. . . . . . . . . . . . . . . da! etc. (t is here! declared that the amount due to thedefendant on the mortgage mentioned in the plaint calculated up to this. . . . . . . . . . . . . . da!of. . . . . . . . . . . . . . . is the sum of Rs. . . . . . . . . . . . . . . .for principal the sum of Rs. . . . . . . . . . . . . . . .forinterest on the said principal the sum of Rs. . . . . . . . . . . . . . . .for costs charges and expenses >other than

the costs of the suit? properl! incurred ! the defendant in respect of mortgage#securit! together with interestthereon and the sum of Rs. . . . . . . . . . . . . . . .for the cost of this suit awarded to the defendant maFing in allthe sum of Rs.


>i? that the plaintiff do pa! into Court on or efore the. . . . . . . . . . . . . . . da! of. . . . . . . . . . . . . . . or an! laterdate up to which time the pa!ment ma! e extended ! the Court the said sum of Rs. . . . . . . . . . . . . . . .;

>ii? that on such pa!ment and on pa!ment thereafter efore such date as the Court ma! fix of such amountas the Court ma! adGudge due in respect of such costs of the suit and such costs charges and expenses asma! e pa!ale under rule $< together with such suseDuent interest as ma! e pa!ale under rule $$ of6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure $,<% the defendant shall ring into Courtall documents in his possession or power relating to the mortgaged propert! in the plaint mentioned and all

such documents shall e delivered over to the plaintiff or such person as he appoints and the defendantshall if so reDuired reconve! or re#transfer the said propert! to the plaintiff free from the said mortgage andclear of and from all incumrances created ! the defendant or an! person claiming under him or an! personunder whom he claims and shall if so reDuired deliver up to the plaintiff Duiet and peaceale possession ofthe said propert!.

-. And it is here! further ordered and decreed that in default of pa!ment as aforesaid the defendant ma!appl! to the Court for a final decree for the sale of the mortgaged propert!; and on such application eingmade the mortgaged propert! or a sufficient part thereof shall e directed to e sold; and for the purposes of such sale the defendant shall produce efore the Court or such officer as it appoints all documents in hispossession or power relating to the mortgaged propert!.



4. And it is here! further ordered and decreed that the mone! realised ! such sale shall e paid into Courtand shall e dul! applied >after deduction therefrom of the expenses of the sale? in pa!ment of the amountpa!ment of an! amount which the Court ma! adGudge due to the defendant in respect of such costs of thesuit and such costs charges and expenses as ma! e pa!ale under rule $< together with such suseDuentinterest as ma! e pa!ale under rule $$ of 6rder 555(8 of the :irst Schedule to the Code of Civil&rocedure $,<% and that the alance if an! shall e paid to the plaintiff or other persons entitled to thesame.

. And it is here! further ordered and decreed that if the mone! realised ! such sale shall not e sufficientfor the pa!ment in full of the amount pa!ale to the defendant as aforesaid the defendant shall e at liert!>where such remed! is open to him under the terms of the mortgage and is not arred ! an! law for the timeeing in force? to appl! for a personal decree against the plaintiff for the amount of the alance; and that theparties are at liert! to appl! to the Court from time to time as the! ma! have occasion and on suchapplication or otherwise the Court ma! give such directions as it thinFs fit.

Schedule


*o. 37

:inal 7ecree for :oreclosure in a Redemption Suit on 7efault of &a!ment ! )ortgagor

>6rder 555(8 Rule %.?

>0itle?

/pon reading the preliminar! decree in this suit on the. . . . . . . . . . . . . . . da! of. . . . . . . . . . . . . . . and further orders >if an!? dated the. . . . . . . . . . . . . . . da! of. . . . . . . . . . . . . . . and the application of the defendantdated the. . . . . . . . . . . . . . . da! of. . . . . . . . . . . . . . . for a final decree and after hearing the parties and itappearing that the pa!ment as directed ! the said decree and orders has not een made ! the plaintiff oran! person on his ehalf or an! other person entitled to redeem the mortgage ;

(t is here! ordered and decreed that the plaintiff and all person claiming through or under him e and the!are here! asolutel! dearred and foreclosed of and from all right of redemption of and in the propert! inthe aforesaid preliminar! decree mentioned @44@and >if the plaintiff e in possession of the said mortgagedpropert!? that the plaintiff shall deliver to the defendant Duiet and peaceale possession of the said

mortgaged propert!.9. And it is here! further declared that the whole of the liailit! whatsoever of the plaintiff up to this da!arising from the said mortgage mentioned in the plaint or from this suit is here! discharge and extinguished.

*o. 3E

:inal 7ecree for Sale in a Redemption on Suit on 7efault of &a!ment ! )ortgagor

>6rder 555(8 Rule %?

>0itle?

/pon reading the preliminar! decree passed in this suit on the. . . . . . . . . .da! of. . . . . . . . . . . . .and furtherorder >if an!? dated the. . . . . . . . . .da! of. . . . . . . . . . . . . and the application of the defendant datedthe. . . . . . . . . da! of. . . . . . . . . .for a final decree and after hearing the parties and it appearing that the

pa!ment directed ! the said decree and orders has not een made ! the plaintiff or an! person on hisehalf or an! other person entitled to redeem the mortgage;

(t is here! ordered and decreed that the mortgaged propert! in the aforesaid preliminar! decree mentionedor a sufficient part thereof e sold and that for the purposes of such sale the defendant shall produce eforethe Court or such officer as it appoints all documents in his possession or power relating to the mortgagedpropert!.

9. And it is here! ordered and decreed that the mone! realised ! such sale shall e paid into Court andshall e dul! applied >after deduction therefrom of the expenses of the sale? in pa!ment of the amountpa!ale to the defendant under the aforesaid preliminar! decree and under an! further orders that ma! haveeen passed in this suit and in pa!ment of an! amount which the Court ma! have adGudged due to the



defendant for such costs of this suit including the costs of this application and such costs charges andexpenses as ma! e pa!ale under rule $< together with the suseDuent interest as ma! e pa!ale underrule $$ of 6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure $,<% and that the alance ifan! shall e paid to the plaintiff or other person entitled to receive the same.

*o. 3:

:inal 7ecree in a Suit for :oreclosure Sale or Redemption where the )ortgagor

&a!s the Amount of the 7ecree

>6rder 555(8 Rules - and %?

>0itle?

0his suit coming on this. . . . . . . . . da! for further consideration and it appearing that on the . . . . . . . . . . ..da! of. . . . . . . . . . . . .the mortgagor or. . . . . . the same eing a person entitled to redeem has paid intoCourt all amounts due to the mortgagee under the preliminar! decree dated the. . . . . . .da! of. . . . . . .; (t ishere! ordered and decreed that"I

>i? the mortgagee do execute a deed of re#conve!ance of the propert! in the aforesaid preliminar! decreementioned in favour of the mortgagor @4@or as the case ma! e. . . . . . . . . who has redeemed thepropert! or an acFnowledgment of the pa!ment of the amount due in his favour;

>ii? the mortgagee do ring into Court all documents in his possession and power relating to the mortgagedpropert! in the suit.

And it is here! further ordered and decreed that upon the mortgagee executing the deed of re#conve!anceor acFnowledgment in the manner aforesaidI

>i? the said sum of Rs. . . . . . . . . . . . e paid out of Court to the mortgagee;

>ii? the said deeds and documents rought into the Court e delivered out of Court to the mortgagor @42@orthe person maFing the pa!ment and the mortgagee do when so reDuired concur in registering at the costof the mortgagor @43@or other person maFing the pa!ment the said deed of re#conve!ance or theacFnowledgment in the officer of the Su#registrar of. . . . . . . . . ; and

>iii? @4%@if the mortgagee plaintiff or defendant as the case ma! e is in possession of the mortgagedpropert! that the mortgagee do forthwith deliver possession of the mortgaged propert! in the aforesaidpreliminar! decree mentioned to the mortgagor @4,@or such person as aforesaid who has made thepa!ment.

*o. %

7ecree against )ortgagor &ersonall! for =alance after the Sale of the

)ortgaged &ropert!

>6rder 555(8 Rules 2 and %A?

>0itle?

/pon reading the application of the mortgagee >the plaintiff or defendant as the case ma! e? and readingthe final decree passed in the suit on the. . . . . . .da! of. . . . . . . . . and the Court eing satisfied that the net

proceeds of the sale held under the aforesaid final decree amounted to Rs. . . . . . . . . . . . . . . . . . . . and haveeen paid to the applicant out of the Court on the da! of. . . . . . and that the alance now due to him underthe aforesaid decree of Rs. . . . . . .;

And whereas it appears to the Court that the said sum is legall! recoverale from the mortgagor >plaintiff ordefendant as the case ma! e? personall!;

(t is here! ordered and decreed as follows"I

0hat the mortgagor >plaintiff or defendant as the case ma! e? do pa! to the mortgagee >defendant orplaintiff as the case ma! e? the said sum of Rs. . . . . . with further interest at the rate of six per cent per



annum from the. . . . . . .da! of. . . . . . >the date of pa!ment out of Court referred to aove? up to the date ofrealisation of the said sum and the costs of this application.

*o. ,

&reliminar! 7ecree for :oreclousre of Sale

@&laintiff $st )ortgagee

vs.

7efendant *o. $ )ortgagor

7efendant *o. 9 9nd )ortgagee.

>6rder 555(8 Rules 9 and 4?

>0itle?

0he suit coming on this . . . . . . . . . . . . . .. . . . . . . . . . . . da! etc; (t is here! declared that the amount due tothe plaintiff on the mortgage mentioned in the plaint calculated up to this da! of. . . . . . . . . . . . . is the sum ofRs. . . . . . for principal the sum of Rs. . . .for interest on the said principal the sum of Rs. . . . . . . . . .forcosts charges and expenses >other than the costs of the suit? incurred ! the plaintiff in respect of themortgage#securit! with interest thereon and the sum of Rs. . . . . . . . . . . .for the costs of this suit awarded to

the plaintiff maFing in all the sum of Rs. . . . . . .

>Similar declarations to e introduced with regard to the amount due to defendant *o. 9 in respect of hismortgage if the mortgage#mone! due thereunder has ecome pa!ale at the date of the suit.?

9. (t is further declared that the plaintiff is entitled to pa!ment of the amount due to him in priorit! to defendant*o. 9 @42<@or >if there are several suseDuent mortgagees? that the several parties hereto are entitle in thefollowing order to the pa!ment of the sums due to them respectivel!;I

-. And it is here! ordered and decreed as follows"I

>i? >a? that defendants or one of them do pa! into Court on or efore the da! of . . . . . . . . . or an! later dateup to which time for pa!ment has een extended ! the Court the said sum of Rs. . . . . . . . . .due to theplaintiff; and

>? that defendant *o. $ do pa! into Court on or efore the da! of. . . . . . or an! later date up to which timefor pa!ment has een extended ! the Court the said sum of Rs. . . . . . .due to defendant *o. 9; and

>ii? that on pa!ment of the sum declared to e due to the plaintiff e defendant or either of them in themanner prescried in clause >i?>a? and on pa!ment thereafter efore such date as the Court ma! fix and suchexpenses as ma! e pa!ale under rule $< together with such suseDuent interest as ma! e pa!ale shallring into Court all documents in his possession or power relating to the mortgaged propert! in the plaintmentioned and shall all such documents shall e delivered over to the defendant *o. . . . . . >who has madethe pa!ment? or to such person as he appoints and the plaintiff shall if so reDuired re#conve! or re#transferthe said propert! free from the said mortgagee and clear of and from all incumrances created ! the plaintiff or an! person claiming under him or an! person under whom he claims and also free from all liailit!whatsoever arising from the mortgage or this suit and shall if so reDuired deliver up to the defendant *o. . . .>who has made the pa!ment? Duiet and peaceale possession of the said propert!.

>Similar declarations to e introduced if defendant *o. $ pa!s the amount found or declared to e due todefendant *o. 9 with such variations as ma! e necessar! having regard to the nature of his mortgage.?

4. And it is here! further ordered and decreed that in default of pa!ment as aforesaid of the amount due tothe plaintiff the plaintiff shall e at liert! to appl! to the Court for a final decreeI

>i?@42$ @in the case of a mortgage ! conditional sale or an anomalous mortgage where the onl! remed!provided for in the mortgage#deed is foreclosure and not sale that the defendants Gointl! and severall! shallthenceforth stand asolutel! dearred and foreclosed of and from all right to redeem the mortgaged propert!descried in the Schedule annexed hereto and shall if so reDuired deliver to the plaintiff Duiet andpeaceale possession of the said propert!; or



>ii? @429@in the case of an! other mortgage that the mortgaged propert! or a sufficient part thereof shall esold; and that for the purposes of such sale the plaintiff shall produce efore Court or such officer as itappoints all documents in his possession or power relating to the mortgaged propert!; and

>iii? @42-@in the case where a sale is ordered under clause >4? >ii? aove that the mone! realised ! suchsale shall e paid into Court and e dul! applied >after deduction therefrom of the expenses of the sale? inpa!ment of the amount pa!ale to the plaintiff under this decree and under an! further orders that ma! haveeen passed in this suit and in pa!ment of the amount which the Court ma! adGudge due to the plaintiff in

respect of such costs of the suit and such costs charges and expenses as ma! e pa!ale under rule $<together with such suseDuent interest as ma! e pa!ale under rule $$ of 6rder 555(8 of the :irstSchedule to the Code of Civil &rocedure $,<% and that the alance if an! shall e applied in pa!ment ofthe amount due to defendant *o. 9 and that if an! alance e left it shall e paid to the defendant *o. $ orother persons entitled to receive the same; and

>iv? that if the mone! realised ! such sale shall not e sufficient for pa!ment in full of the amounts due tothe plaintiff and defendant *o. 9 the plaintiff or defendant *o. 9 or oth of them as the case ma! e shalle at liert! >when such remed! is open under the terms of their respective mortgages and is not arred !an! law for the time eing in force? to appl! for a personal decree against defendant *o. $ for the amountsremaining due to them respectivel!.

. And it is here! further ordered and decreedI

>a? that if defendant *o. 9 pa!s into Court to the credit of this suit the amount adGudged due to the plaintiffut defendant *o. $ maFes default in the pa!ment of the said amount defendant *o. 9 shall e at liert! toappl! to the Court to Feep the plaintiffKs mortgage alive for his enefit and to appl! for a final decree >in thesame manner as the plaintiff might have done under clause 4 aove?I

@424 @>i? that defendant *o. $ shall thenceforth stand asolutel! dearred and foreclosed of and from all rightto redeem the mortgaged propert! descried in the Schedule annexed hereto and shall if so reDuireddeliver up to defendant *o. 9 Duiet and peaceale possession of the said propert!; or

@42@>ii? that the mortgaged propert! or a sufficient part thereof e sold and that for the purposes of suchsale defendant *o. 9 shall produce efore the Court or such officer as it appoints all documents in hispossession or power relating to the mortgaged propert!; and

>? >if on the application of defendant *o. 9 such a final decree for foreclosure is passed? that the whole ofthe liailit! of defendant *o. $ arising from the plaintiffKs mortgage or from the mortgage of defendant *o. 9 or

from this suit shall e deemed to have een discharged and extinguished.

2. And it is here! further ordered and decreed @422@in the case where a sale is ordered under clause aoveI

>i? that the mone! realised ! such sale shall e paid into Court and e dul! applied >after deductiontherefrom of the expenses of the sale? first in pa!ment of the amount paid ! defendant *o. 9 in respect ofthe plaintiffKs mortgage and the costs of the suit in connection therewith and in pa!ment of the amount whichthe Court ma! adGudge due in respect of suseDuent interest on the said amount; and that the alance ifan! shall then e applied in pa!ment of the amount adGudged due to defendant *o. 9 in respect of his ownmortgage under this decree and an! further orders that ma! e passed and in pa!ment of the amount whichthe Court ma! adGudge due in respect of such costs of this suit and such costs charges and expenses asma! e pa!ale to defendant *o. 9 under rule $< together with such suseDuent interest as ma! e pa!aleunder rule $ of 6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure $,<% and that the

alance if an! shall e paid to defendant *o. $ or other persons entitled to receive the same; and

>ii? that if the mone! realised ! such sale shall not e sufficient for pa!ment in full of the amount due inrespect of the plaintiffKs mortgage or defendant *o. 9Ks mortgage defendant *o. 9 shall e at liert! >wheresuch remed! is open to him under the terms of his mortgage and is not arred ! an! law for the time eingin force? to appl! for a personal decree against *o. $ for the amount of the alance.

3. And it is here! further ordered and decreed that the parties are at liert! to appl! to the Court from time totime as the! ma! have occasion and on such application or otherwise the Court ma! give such directions asit thinFs fit.

Schedule




*o. $<

&reliminar! 7ecree for Redemption of &rior )ortgage and :oreclosure of Sale on

SuseDuent )ortgage

@&laintiff $st )ortgagee

vs


7efendant *o. 9 9nd )ortgagee.

>6rder 555(8 rules 9 4 and 3?

>0itle?

0he suit coming on this. . . . . . da! etc; (t is here! declared that the amount due to defendant *o. 9 on themortgage mentioned in the plaint calculated up to this. . . . . . da! of. . . . . . is the sum of Rs. . . . . . . . . forprincipal the sum of Rs. . . . . . for interest on the said principal the sum of Rs. . . . . . .for costs charges andexpenses >other than the costs of the suit? propert! incurred ! defendant *o. 9 in respect of the mortgage#securit! with interest thereon and the sum of Rs. . . for the costs of this suit awarded to defendant *o. 9maFing in all the sum of Rs.

>Similar declarations to e introduced with regard to the amount due from defendant *o. $ to the plaintiff inrespect of his mortgage if the mortgage#mone! due thereunder has ecome pa!ale at the date of the suit.?

9. (t is further declared that defendant *o. 9 is entitled to pa!ment of the amount due to him in priorit! to theplaintiff @423@or >if there are several suseDuent mortgagees? that the several parties hereto are entitled inthe following order to the pa!ment of the sums due to them respectivel!"I.

-. And it is here! ordered and decreed as follows"I

>i?>a? that the plaintiff or defendant *o. $ or one of them do pa! into Court on or efore the. . . . . . da! of. . . . .. or an! later date up to which time for pa!ment has een extended ! the Court the said sum of Rs. . . . . .due to defendant *o. 9; and

>? that defendant *o. $ do pa! into Court on or efore the. . . . . . .da! of. . . . . . or an! later date up to whichtime for pa!ment has een extended ! the Court the said sum of. Rs. . . . . . .due to the plaintiff; and

>ii? that on pa!ment of the sum declared due to defendant *o. 9 ! the plaintiff and defendant *o. $ or either of them in the manner prescried in clause >i? >a? and on pa!ment thereafter efore such date as the Courtma! fix of such amount as the Court ma! adGudge due in respect of such costs of the suit and such costscharges and expenses as ma! e pa!ale under rule $< together with such suseDuent interest as ma! epa!ale under rule $$ or 6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure $,<% defendant*o. 9 shall ring into Court all documents in his possession or power relating to the mortgaged propert! inthe plaint mentioned and all such documents shall e delivered over to the plaintiff or defendant *o. $>whoever has made the pa!ment? or to such person as he appoints and defendant *o. 9 shall if soreDuired re#conve! or re#transfer the said propert! free from the said mortgage and clear of and from allincumrances created ! defendant *o. 9 or an! person claiming under him or an! person under whom he

claims and also free from all liailit! whatsoever arising from the mortgage or this suit and shall if soreDuired deliver up to the plaintiff or defendant *o. $ >whoever has made the pa!ment? Duiet and peacealepossession of the said propert!.

>Similar declarations to e introduced if defendant *o. $ pa!s the amount found or declared due to theplaintiff with such variations as ma! e necessar! having regard to the nature of his mortgage.?

4. And it is here! further ordered and decreed that in default of pa!ment as aforesaid of the amount due todefendant *o. 9 defendant *o. 9 shall e at liert! to appl! to the Court that the suit e dismissed or for afinal decreeI

>i? @42%@in the case of a mortgage ! conditional sale or an anomalous mortgage where the onl! remed!provided for in the mortgage#deed is foreclosure and not sale that the plaintiff and defendant *o. $ Gointl!



and severall! shall thenceforth stand asolutel! dearred and foreclosed of and from all right to redeem themortgaged propert! descried in the Schedule annexed hereto and shall; if so reDuired deliver to thedefendant *o. 9 Duiet and peaceale possession of the said propert!; or

>ii? @42,@in the case of an! other mortgage that the mortgaged propert! or a sufficient part thereof shall esold; and that for the purposes of such sale defendant *o. 9 shall produce efore the Court or such officer asit appoints all documents in his possession or power relating to the mortgaged propert!; and

>iii? @43<@in the case where a sale is ordered under clause 4>ii? aove that the mone! realised ! such saleshall e paid into Court and e dul! applied >after deduction therefrom of the expenses of the sale? inpa!ment of the amount pa!ale to defendant *o. 9 under the decree and an! further orders that ma! epassed in this suit and in pa!ment of the amount which the Court ma! adGudge due to defendant *o. 9 inrespect of such costs of the suit and such costs charges and expenses as ma! e pa!ale to the plaintiffunder rule $< together with such suseDuent interest as ma! e pa!ale under rule $$ or 6rder 555(8 ofthe :irst Schedule to the Code of Civil &rocedure $,<%; and that the alance if an! shall e applied inpa!ment of the amount due to the plaintiff and that if an! alance e left it shall e paid to defendant *o. $or other persons entitled to receive the same; and

>iv? that if the mone! realised ! such sale shall not e sufficient for pa!ment in full of the amounts due todefendant *o. 9 and the plaintiff defendant *o. 9 or the plaintiff or oth of them as the case ma! e shalle at liert! >when such remed! is open under the terms of their respective mortgages and is not arred !an! law for the time eing in force? to appl! for a personal decree against defendant *o. $ for the amounts

remaining due to them respectivel!.

. And it is here! further ordered and decreedI

>a? that if the plaintiff pa!s into Court to the credit of this suit the amount adGudged due to defendant *o. 9ut defendant *o. $ maFes default in the pa!ment of the said amount the plaintiff shall e at liert! to appl!to the Court to Feep defendant *o. 9Ks mortgage alive for his enefit and to appl! for a final decree >in thesame manner as the defendant *o. 9 might have done under clause 4 aove?I

@43$@>i? that defendant *o.$ shall thenceforth stand asolutel! dearred and foreclosed of and from all rightto redeem the mortgaged propert! descried in the Schedule annexed hereto and shall if so reDuireddeliver up to the plaintiff Duiet and peaceale possession of the said propert!; or

@439@>ii? that the mortgaged propert! or a sufficient part thereof e sold and that for the purposes of suchsale the plaintiff shall produce efore the Court or such officer as it appoints all documents in his possession

or power relating to the mortgage propert!; and

>? >if on the application of defendant *o. 9 such a final decree for foreclosure is passed? that the whole ofthe liailit! of defendant *o. $ arising from the plaintiffKs mortgage or from the mortgage of defendant *o. 9 or from this suit shall e deemed to have een discharged and extinguished.

2. And it is here! further ordered and decreed >in the case where a sale is ordered under clause aove?I

>i? that the mone! realised ! such sale shall e paid into Court and e dul! applied >after deductiontherefrom of the expenses of the sale? first in pa!ment of the amount paid ! the plaintiff in respect ofdefendant *o. 9Ks mortgage and the costs of the suit in connection therewith and in pa!ment of the amountwhich the Court ma! adGudge due in respect of suseDuent interest on the said amount; and that thealance if an! shall then e applied in pa!ment of the amount adGudged due to the plaintiff in respect of hisown mortgage under this decree and an! further orders that ma! e passed and in pa!ment of the amount

which the Court ma! adGudge due in respect of such costs of the suit and such costs charges and expensesas ma! e pa!ale to the plaintiff under rule $< together with such suseDuent interest as ma! e pa!aleunder rule $$ of 6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure $,<% and that thealance if an! shall e paid to defendant *o. $ or other persons entitled to receive the same; and

>ii? that if the mone! realised ! such sale shall not e sufficient for pa!ment in full of the amount due inrespect of the defendant *o. 9Ks mortgage or the plaintiffKs mortgage defendant *o. 9 shall e at liert!>where such remed! is open to him under the terms of his mortgage and is not arred ! an! law for the timeeing in force? to appl! for a personal decree against defendant *o. $ for the amount of the alance.



3. And it is here! further ordered and decreed that the parties are at liert! to appl! to the Court from time totime as the! ma! have occasion and on such application or otherwise the Court ma! give such directions asit thinFs fit.

Schedule


*o. $$


@&laintiff Su or derivative mortgage

vs.


7efendant *o. 9 6riginal )ortgagee.

>6rder 555(8 Rule 4?

>0itle?

0his suit coming on this. . . . . . . . . da! etc; (t is here! declared that the amount due to defendant *o. 9 on

his mortgage calculated up to this. . . . . . da! of. . . . . . is the sum of Rs. . . for principal the sum of Rs. . . . . .for interest on the said principal the sum of Rs. . . . . . for costs charges and expenses >other than the costsof the suit? in respect of the mortgage#securit! together with interest thereon and the sum of Rs. . . . . . for thecosts of the suit awarded to defendant *o. 9 maFing in all the sum of Rs. . . . . . . . . . . . . . . . . . . . . . . . .

>Similar declarations to e introduced with regard to the amount due from defendant *o. 9 to the plaintiff inrespect of his mortgage.?


>i? that defendant *o. $ do pa! into Court on or efore th said. . . .da! of. . . . . . or an! later date of up towhich time for pa!ment ma! e extended ! the Court the said sum of Rs. . . . . . . . . due to defendant *o. 9;

>Similar declarations to e introduced with regard to the amount due to the plaintiff defendant *o. 9 eing atliert! to pa! such amount.?

>ii? that on pa!ment of the sum declared due to defendant *o. 9 ! defendant *o. $ in the mannerprescried in clause 9>i? and on pa!ment thereafter efore such date as the Court ma! fix of such amount asthe Court ma! adGudge due in respect of such costs of the suit and such costs charges and expenses asma! e pa!ale under rule $< together with such suseDuent interest as ma! e pa!ale under rule $$ or6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure $,<% the plaintiff and defendant *o. 9shall ring into Court all documents in their possession or power relating to the mortgaged propert! in theplaint mentioned and all such documents >except such as relate onl! to the su#mortgage? shall e deliveredover to defendant *o. $ or to such person as he appoints and defendant *o. 9 shall if so reDuired re#conve! or re#transfer the propert! to defendant *o. $ free from the said mortgage clear of and from allincumrances created ! defendant *o. 9 or an! person claiming under him or an! person under whom heclaims and free from all liailit! arising from the mortgage or this suit and shall if so reDuired deliver up todefendant *o. $ Duiet and peaceale possession of the said propert!; and

>iii? that upon pa!ment into the Court ! defendant *o. $ of the amount due to defendant *o. 9 the plaintiffshall e at liert! to appl! for pa!ment to him of the sum declared due to him together with an! suseDuentcosts of the suit and other costs charges and expenses as ma! e pa!ale under rule $< together withsuch suseDuent interests as ma! e pa!ale under rule $$ of 6rder 555(8 of the :irst Schedule to theCode of Civil &rocedure $,<%; and that the alance if an! shall then e paid to defendant *o. 9; and that ifthe amount paid into the Court e not sufficient to pa! in full the sum due to the plaintiff the plaintiff shall eat liert! >if such remed! is open to him ! the terms of the mortgage and is not arred ! an! law for thetime eing in force? to appl! for a personal decree against defendant *o. 9 for the amount of the alance.



-. And it is further ordered and decreed that if defendant *o. 9 pa!s into Court to the credit of this suit theamount adGudged due to the plaintiff the plaintiff shall ring into the Court all documents etc @as in su#clause >ii? of the clause 9..

4. And it is here! further ordered and decreed that in default of pa!ment ! defendant *os. $ and 9 asaforesaid the plaintiff ma! appl! to the Court for a final decree for sale and on such application eing madethe mortgaged propert! or a sufficient part thereof shall e directed to e sold; and that for the purposes ofsuch sale the plaintiff and defendant *o. 9 shall produce efore the Court or such officer as it appoints all

documents in their possession or power relating to the mortgaged propert!.

. And it is here! further ordered that the mone! realised ! such sale shall e paid into Court and e dul!applied >after deduction therefrom of the expenses of the sale? first in pa!ment of the amount due to theplaintiff as specified in clause $ aove with such costs of the suit and other costs charges and expenses asma! e pa!ale under rule $< together with such suseDuent interest as ma! e pa!ale under rule $$ of6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure $,<% and that the alance if an! shall eapplied in pa!ment of the amount due to defendant *o. 9; and that if an! alance e left it shall e paid todefendant *o.$ or other persons entitled to receive the same.

2. And it is here! further ordered and decreed that if the mone! realised ! such sale shall not e; sufficientfor pa!ment in full of the amounts pa!ale to the plaintiff and defendant *o. 9 the plaintiff or defendant *o.9 or oth of them as the case ma! e shall e at liert! >if such remed! is open under their respectivemortgages and is not arred ! an! law for the time eing in force? to appl! for a personal decree against

defendant *o. 9 or defendant *o. $ >as the case ma! e? for the amount of the alance.

3. And it is here! further ordered and decreed that if defendant *o. 9 pa!s into Court to the credit of thissuit the amount adGudged due to the plaintiff ut defendant *o. $ maFes default in pa!ment of the amountdue to defendant *o. 9 defendant *o. 9 shall e at liert! to appl! to the Court for a final decree forforeclosure or sale >as the case ma!?I>declarations in the ordinar! form to e introduced according to thenature of defendant *o. 9Ks morgage and the remedies open to him thereunder?.

%. And it is here! further ordered and decreed that the parties are at liert! to appl! to the Court as the!ma! have occasion and on such application or otherwise the Court ma! give such directions as it thinFs fit.

Schedule


*o. $9

7ecree for Rectification of (nstrument

>0itle?

(t is here! declared that the. . . . . . dated the. . . . . . . . . da! of. . . . . . . $,. . . . . does not trul! express theintention of the parties to such

And it is decreed that the said. . . . . . rectified !

*o. $-

7ECREE 06 SE0 AS(7E A 0RA*S:ER (* :RA/7 6: CRE7(06RS

>0itle?

(t is here! declared that the. . . . . . . . . . . . . . dated the . . . . . . .da! of. . . .$,. . . . . . and made etweenand. . . . . . is void as against the plaintiff and all other the creditors if an! of the defendant

*o. $4

(nGunction Against &rivate *uisance

>0itle?

'et the defendant. . . . . . his agents servants and worFmen e perpetuall! restrained from urning orcausing to e urnt an! ricFs on the defendantKs plot of land marFed = in the annexed plan so as to



occasion a nuisance to the plaintiff as the owner or occupier of the dwelling#house and garden mentioned inthe plaint a elonging to and eing occupied ! the plaintiff.

*o. $

(nGunction against =uilding Higher than 6ld 'evel

>0itle?

'et the defendant. . . . his contractors agents and worFmen e perpetuall! restrained from continuing toerect upon his premises in. . . . . . an! house or uilding of a greater height than the uildings which formerl!stood upon his said premises and which have een recentl! pulled down so or in such manner as to darFeninGure or ostruct such of the plaintiffKs windows in his said premises as are ancient lights.

*o. $2

(nGunction Restraining /se of &rivate Road

>0itle?

'et the defendant. . . . . . . . . his agents servants and worFmen e perpetuall! restrained from using orpermitting to e used an! part of the lane at. . . . . . . . . the soil of which elongs to the plaintiff as acarriage#wa! for the passage of carts carriages or other vehicles either going to or from the land marFed =in the annexed plan or for an! purpose whatsoever.

*o. $3

&reliminar! 7ecree in an Administration#Suit

>0itle?

(t is ordered that the following accounts and inDuiries e taFen and made; that is to sa!I

(n creditorKs suitI

$. 0hat an account e taFen of what is due to the plaintiff and all other the creditors of the deceased.

(n suits ! legateesI

9. 0hat an accounts e taFen of the legacies given ! the testatorKs will

(n suits ! next#of#FinI

-. 0hat an inDuir! e made and account taFen of what or of what share if an! the plaintiff is entitled to asnext#of#Fin @or one of the next#of#Fin of the intestate.

@After the first paragraph the decree will where necessar! order in a creditorKs suit inDuir! and accounts for legatees heirs#at#law and next#of#Fin. (n suits ! claimants other than creditors after the first paragraph inall cases an order to inDuire and taFe an account of creditors will follow the first paragraph and such of theothers as ma! e necessar! will follow omitting the first formal words. 0he form is continued as in a creditorKssuit.

4. An account of the funeral and testamentar! expenses.

. An account of the movale propert! of the deceased come to the hands of the defendant or to the hands

of an! other person ! his order or for his use.

2. An inDuir! what part >if an!? of the movale propert! of the deceased is outstanding and undisposed of.

3. And it is further ordered that the defendant do on or efore the. . . . . . da! of. . . . . . next pa! into Courtall sums of mone! which shall e found to have come to his hands or to the hands of an! person ! hisorder or for his use.

%. And that if the. . . . . . @43-shall find it necessar! for carr!ing out the oGects of the suit to sell an! part ofthe movale propert! of the deceased that the same e sold accordingl! and the proceeds paid into Court.



,. And that )r. E.:. e receiver in the suit >or proceeding? and receive and get in all outstanding dets andoutstanding movale propert! of the deceased and pa! the same into the hands of the . . . . . . $>and shallgive securit! ! ond for the due performance of his duties to the amount. . . . . . . . . .rupees?

$<. And it is further ordered that if the movale propert! of the deceased e found insufficient for carr!ing outthe oGects of the suit then the following further inDuiries e made and accounts taFen that is to sa!I

>a? an inDuir! what immovale propert! the deceased was seied of or entitled to at the time of his death;

>? an inDuir! what are the incumrances >if an!? affecting the immovale propert! of the deceased or an!part thereof;

>c? an account so far as possile of what is due to the several incumrancers and to include a statement ofthe priorities of such of the incumrancers as shall consent to the sale hereinafter directed.

$$. And that the immovale propert! of the deceased or so much thereof as shall e necessar! to maFe upthe fund in Court sufficient to carr! out the oGect of the suit e sold with the approation of the Judge freefrom incumrances >if an!? of such incumrancers as shall consent to the sale and suGect to theincumrances of such of them as shall not consent.

$9. And it is ordered that 1.H. shall have the conduct of the sale of the immovale propert! and shallprepare the conditioins and contacts of sale suGect to the approval of the. . . . . .@434 and that in case an!dout or difficult! shall arise the papers shall e sumitted to the Judge to settle.

$-. And it is further ordered that for the purpose of the inDuiries hereinefore directed . . the . . . . . . . $.shalladvertise in the newspapers according to the practice of the Court or shall maFe such inDuiries in an! otherwa! which shall appear to the . . . . . . . . .$to give the most useful pulicit! to such inDuiries.

$4. And it is ordered that the aove inDuiries and accounts e made and taFen and that all other actsordered to e done e completed efore the da! of . . . . . . . and that the . . . . . . . .$do certif! the result ofthe inGuries and the accounts and that all other acts ordered are completed and have his certificate in thatehalf read! for the inspection of the parties on the da! of

$. And lastl! it is ordered that this suit @or proceedings stand adGourned for maFing final decree to the da!of

@Such part onl! of this decree is to e used as is applicale to the particular case.

*o. $%

:inal 7ecree in an Administration#Suit ! a 'egatee

>0itle?

$. (t is ordered that the defendant. . . .do on or efore the. . . . . . .da! of. . . . . . . pa! into Court the sum ofRs. . . . . . . the alance ! the said certificate found to e due from the said defendant on account of theestate of. . . . . . . . . . . . the testator and also the sum of Rs. . . . . . for interest at the rate of Rs. . . . . . .percent per annum from the. . . .da! of. . . . . . to the. . . .da! of. . . . amounting together to the sum of Rs. . . . . .. . . . . .

9. 'et the. . . . . . . . . $ of the said Court tax the costs of the plaintiff and defendant in this suit and let theamount of the said costs when so taxed e paid out of the said sum of Rs. . . . . . . . . . . . ordered to e paidinto Court as aforesaid as follows"I

>a? 0he costs of the plaintiff to )r. . . . . . . his attorne! @or pleader or and the costs of the defendant to)r. . . . . . his attorne! @or pleader.

>? And >if an! dets are due? with the residue of the said sum of Rs. . . . . . after pa!ment of the plaintiffKs anddefendantKs costs as aforesaid let the sums found to e owing to the several creditors mentioned inthe. . . . . . .schedule to the certificate of the. . . . . . .$ together with suseDuent interest on such of the detsas ear interest e paid; and after maFing such pa!ments let the amount coming to the several legateesmentioned in the schedule together with suseDuent interest >to e verified as aforesaid? e paid to them.

-. And if there should then e an! residue let the same e paid to the residuar! legatee.

*o. $,



&reliminar! 7ecree in an Administration#Suit ! a 'egatee where an Executor is held &ersonall! 'iale forthe &a!ment of 'egacies

>0itle?

$. (t is declared that the defendant is personall! liale to pa! the legac! of Rs. . . . . . eDueathed to theplaintiff.

9. And it is ordered that an account e taFen of what is due for principal and interest on the said legac!.

-. And it is also ordered that the defendant do within. . . .weeFs after date of the certificate of the. . . . . . @43pa! to the plaintiff the amount of what the. . . . . . shall certif! to e due for principal and interest.

4. And it is ordered that the defendant do pa! the plaintiff his cost of suit the same to e taxed in case theparties differ.

*o. 9<

:inal 7ecree in an Administration#Suit ! *ext#of#Bin

>0itle?

$. 'et the. . . . . . .$ of the said Court tax the costs of the plaintiff and defendant in this suit and let theamount of the said plaintiffKs costs when so taxed e paid ! the defendant to the plaintiff out of the sum of

Rs. . . . . . the alance ! the said certificate found to e due from the said defendant on account of thepersonal estate of E.:. the intestate within one weeF after the taxation of the said costs ! thesaid . . . . . . . . . $ and let the defendant retain for her own use out of such sum her costs when taxed.

9. And it is ordered that the residue of the said sum of Rs. . . . . . after pa!ment of the plaintiffKs anddefendantKs costs as aforesaid e paid and applied ! defendant as follow"I

>a? 'et the defendant within one weeF after the taxation of the said costs ! the. . . . . . $as aforesaid pa!one#third share of the said residue to the plaintiffs A.=. and C.7. his wife in her right as the sister and oneof the next#of#Fin of the said E.:. the instestate.

>? 'et the defendant retain for her own use one other third share of said residue as the mother and one ofthe next#of#Fin of the said E.:. the intestate.

>c? And let the defendant within one weeF after the taxation of the said costs ! the . . . . . . . . . .$as

aforesaid pa! the remaining one#third share of the said residue to 1.H. as the rother and the other next#of#Fin of the said E.:. the intestate.

*o. 9$

&reliminar! 7ecree in a Suit for 7issolution of &artnership and the 0aFing of

&artnership Accounts

>0itle?

(t is declared that the proportionate shares of the parties in the partnership are as follows"I

(t is declared that this partnership shall stand dissolved @or shall e deemed to have een dissolved as fromthe. . . .da! of. . . . . . . and it is ordered that the dissolution thereof as from that da! e advertised in the . . . .

. . .1aette etc.

And it is ordered that. . . . . . e the receiver of the partnership#estate and effects in this suit and do get in allthe outstanding ooF#dets and claims of the partnership.

And it is ordered that the following accounts e taFen"I

$. An account of the credits propert! and effects now elonging to the said partnership;

9. An account of the dets and liailities of the said partnership;

-. An account of all dealings and transactions etween the plaintiff and defendant from the foot of the settledaccount exhiited in this suit and marFed >A? and not disturing an! suseDuent settled accounts.



And it is ordered that the goodwill of the usiness heretofore carried on ! the plaintiff and defendant as inthe plaint mentioned and the stocF#in#trade e sold on the premises and that the. . . . . . Here insert nameof proper officer.

ma! on the application of an! of the parties fix a reserved idding for all or an! of the lots at such sale andthat either of the parties is to e at liert! to id at the sale.

And it is ordered that the aove accounts e taFen and all the other acts reDuired to e done e completed

efore the . . . . . . . . . .da! of. . . . . . . and that the. . . . . . . . . $ do certif! the result of the accounts and thatall other acts are completed and have his certificate in that ehalf read! for the inspection of the parties onthe. . . . . . . . . da! of. . . . . . .

And lastl! it is ordered that this suit stand adGourned for maFing a final decree to the . . . . . . . . . .da!of . . . . . . . . . . . . .

*o. 99

:inal 7ecree in a Suit for 7issolution of &artnership and the 0aFing of

&artnership Accounts

>0itle?

(t is ordered that the fund now in Court amounting to the sum of Rs. . . e; applied as follows"I

$. (n pa!ment of the dets due ! the partnership set forth in the certificate of the. . . . . .. . $amounting in thewhole to Rs.. . . . . . . . . . . .

9. (n pa!ment of the costs of all parties in this suit amounting to Rs. . . . . . . . . . . . . .

@0hese costs must e ascertained efore the decree is drawn up.

-. (n pa!ment of the sum of Rs. . . . . . to the plaintiff as his share of the partnership#assets of the sum ofRs. . . . . . . eing the residue of the said sum of Rs. . . .now in Court to the defendant as his share of thepartnership#assets.

@6r And that the remainder of the said sum of Rs. . . .e paid to the said plaintiff >or defendant? in partpa!ment of the sum of Rs. . . . . . certified to e due to him in respect of the partnership#accounts.

4. And that the defendant @or plaintiff do on or efore the. . . .da! of. . . . . . pa! to the plaintiff @or defendantthe sum or Rs. . . . . . eing the alance of the said sum of Rs. . . . . . due to him which will then remain due.

*o. 9-

7ecree for Recover! of 'and and )esne &rofit

>0itle?

(t is here! decreed as follows"I

$. that the defendant do put the plaintiff in possession of the propert! specified in the schedule hereuntoannexed.

9.0hat the defendant do pa! to the plaintiff the sum of Rs. . . .with interest thereon at the rate of. . . . . . .percent per annum to the date of realiation on account of mesne profits which have accrued due prior to theinstitution of the suit.

6r

9. 0hat an inDuir! e made as to the account of mesne profits which have accrued due prior to the institutionof the suit.

-. 0hat an inDuir! e made as to the amount of mesne profits from the institution of the suit until @the deliver!of possession to the decree#holder @the relinDuishment of possession ! the Gudgment#detor with notice tothe decree #holder through the Court @the expiration of three !ears from the date of the decree.

Schedule



A&&E*7(5 E

E5EC/0(6*

*o. $

*otice to Show Cause Wh! a &a!ment or AdGustment should not e Recorded as Certified

>6 9$ R. 9?

>0itle?

Whereas in execution of the decree in the aove#named suit. . . . . . .has applied to this Court that the sum ofRs. . . . . . recoverale under the decree has een paidOadGusted and should e recorded as certified this isto give !ou notice that !ou are to appear efore this Court on the. . . . . . . . . da! of . . . . . . . . . $,. . . . . . . toshow cause wh! the pa!mentOadGustment aforesaid

should not e recorded as certified.

1iven under m! hand and the seal of the Court this. . . . . . .da! of $,.

*o. 9

&recept

>Section 42?

>0itle?

/pon hearing the decree#holder it is ordered that this precept e sent to the Court of. . . . . . . . . .at. . . . . . . . .. . . under section 42 of the Code of Civil &rocedure $,<% with directions to attach the propert! specified inthe annexed schedule and to hold the same pending an! application which ma! e made ! the deree#holder for executive of the decree.

*o. -

6rder Sending 7ecree for Execution to another Court

>6. 9$ R. 2?

>0itle?

Whereas the decree#holder in the aove suit has applied to this Court for a certificate to e sent to the Courtof. . . . . . . . at . . . . . . . for execution of the decree in the aove suit ! the said Court alleging that the

Gudgment#detor resides or has propert! within the local limits of the Gurisdiction of the said Court and it isdeemed necessar! and proper to send a certificate to the said Court under 6rder 55( rule 2 of the Code ofCivil &rocedure $,<% it is

6rdered "

0hat a cop! of this order e sent to . . . . . . . . with a cop! of the decree and of an! order which ma! haveeen made for execution of the same and a certificate of non#satisfaction.

7ated the . . . . . . . . . da! of . . . . . . . $, . . . .

Judge

*o. 4

Certificate of *on#Satisfaction of 7ecree

>6. 9$ R. 2.?

>0itle?

Certified that no@432 satisfaction of the decree of this Court in suit *o. . . . . . . . of $, . . . . a cop! which ishereunto attached has een otained ! execution within the Gurisdiction of this Court.

7ated the . . . . . . . . . da! of . . . . . . . $, . . . .



Judge

*o.

Certificate of Execution of 7ecree 0ransferred to Another Court

>6. 9$ R. 2?

>0itle?

*o of suitn and the Court ! which decree was passed

*ame of parties

7ate of application for execution

*umer of the execution case

&rocessesissued and dates of services thereof

Costs of execution

Amount realied

How the case is disposed of

RemarFs

$

9

-

4

2

3

%

,

Rs.

a.

p.

Rs.

a.

p.

Signature of )aharir incharge Signature of Judge

*o. 2

Application for Execution of 7ecree

>6. 9$ R. $$?

(n the Court of

( . . . . . . decree#holder here! appl! for execution of the decree herein#elow set forth "

*o. of Suit



*ame of parties

7ate of 7ecree

Whether an! appeal preferred from decree

&a!ment of adGustment made if an!

&revious application if an! with date and result

Amount with interest due upon the decree or other relief granted there! together with particular of an! crossdecree

Amount of costs if an! awarded

Against whom to e executed

)ode in which the assistance of the Court is reDuired.

$

9

-

4

2

3

%

,

$<

3%, of $%,3

A.=.I&laintiff C.7.I7efendant

6ctoer $$ $%,3

*o.

*one.

Rs.39#4#< recorded on application dated the 4th )arch $%,,.

Rs. -$4#%#9 principal@interest at 2 per cent per annum from date of decree till pa!ment.

Rs. a. p.

As awarded in the decree 43 $< 4SuseDuentl! incurred % 9 <

Against the defendant C.7.

@When attachment and sale of movale propert! is sought.

( pra! that the total amount of RsPPPP@together with interest on the principal sum up to date of pa!mentand the cost of taFing out this execution e realised ! attachment and sale of defendantKs movale propert!as per annexed list and paid to me.

@When attachment and sale of immovale propert! is sought.





Schedule

Judge.

7ecree

&rincipal

(nterest

Costs

:urther interest

0otal

*o. ,

Warrant for Seiure of Specific )ovale &ropert! AdGudged ! 7ecree

>6. 9$ R. -$?

>0itle?

0o


Whereas . . . . . . . was ordered ! decree of this Court passed on the . . . . . . . . . da! of . . . . . . . $, . . . . inSuit *o. . . . . . . . of $,. . . . to deliver to the plaintiff the movale propert! >or a . . . . . . . share in the movalepropert!? specified in the schedule hereunto annexed and whereas the said propert! >or share? has not eendelivered.

0hese are to command !ou to seie the said movale propert! >or a . . . . . . . share of the said movalepropert!? and to deliver it to the plaintiff or to such person as he ma! appoint in this ehalf.

1iven under m! hand and the seal of the Court this . . . . . . . . . da! of . . . . . . . $, . . . .

Schedule

Judge

.

*o. $<

*otice to State 6Gection to 7raft of 7ocument

>6. 9$ R. -4?

>0itle?

0o

0aFe notice that on the . . . . . . . . . da! of . . . . . . . $, . . . . . . . . . . . the decree#holder in the aove suitpresented an application to this Court that the Court ma! execute on !our ehalf a deed of . . . . . . . whereof

a draft is hereunto annexed of the immovale propert! specified hereunder and that the . . . . . . . . . da! of . .. . . . . $, . . . . is appointed for the hearing of the said application and that !ou are at liert! to appear on thesaid da! and to state in writing an! oGections to the said draft.

7escription of propert!


Judge.

*o. $$

Warrant to the =elief to 1ive &ossession of 'and etc.



>6. 9$ R. -?

>0itle?

0o


Whereas the undermentioned propert! in the occupanc! of . . . . . . . . . . . . . . has een decreed to . . . . . . .

the plaintiff in this suit; +ou are here! directed to put the said . . . . . . . . . . . . . . in possession of the sameand !ou are here! authoried to remove an! person ound ! the decree who ma! refuse to vacate thesame.


Schedule

Judge.

*o. $9

*otice to Show Cause Wh! Warrant of Arrest should not (ssue

>6. 9$ R. -3?

>0itle?

0o

Whereas . . . . . . . . has made application to this Court for execution of decree in Suit *o. . . . . . . of$, . . . . . ! arrest and imprisonment of !our person !ou are here! reDuired to appear efore this Court onthe . . . . . . . . . da! of . . . . . . . $, . . . . to show cause wh! !ou should not e committed to the civil prison inexecution of the said decree.


Judge.

*o. $-

Warrant of Arrest in Execution

>6. 9$ R. -%?

>0itle?

0o


Whereas . . . . . . . . . was adGudged ! a decree of the Court in suit *o. . . . . . . of $, . . . . datedthe . . . . . . . . . da! of . . . . . . . $, . . . . to pa! to the decree#holder the sum of Rs. . . . . . . as noted in themargin and whereas the said sum of Rs. . . . . . has not een paid to the said decree#holder in satisfaction ofthe said decree these are to command !ou to arrest the said Gudgment#detor and unless the said Gudgment#detor shall pa! to !ou the said sum of Rs. . . . . . . . together with Rs. . . . . . . . for the cost of executing this

process to ring the said defendant efore the Court with all convenient speed.

+ou are further commanded to return this warrant on or efore the . . . . . . . . . da! of . . . . . . . $, . . . .with anendorsement certif!ing the da! on which and manner in which it has een executed or the reason wh! it hasnot een executed.


Judge.

7ecree

&rincipal



(nterest

Costs

Execution

0otal

*o. $4

Warrant of Commital of Judgment#7etor to Jail

>6. 9$ R. 4<?

>0itle?

0o

0he 6fficer in charge of the Jail at

Whereas . . . . . . . who has een rought efore this Court this . . . . . . . . . da! of . . . . . . . . . $, . . . . under awarrant in execution of a decree which was made and pronounced ! the said Court on the . . . . . . . . . da!of . . . . . . . $, . . . . and ! which decree it was ordered that the said . . . . . . . should pa! . . . . . . . ; Andwhereas the said . . . . . . . has not oe!ed the decree nor satisfied the Court that he is entitled to edischarged from custod!; +ou are here! commanded and reDuired to taFe and receive the said . . . . . . . intothe civil prison and Feep him imprisoned therein for a period not exceeding . . . . . . . or until the said decreeshall e full! satisfied or the said . . . . . . . . . . shall e otherwise entitled to e released according to termsand provisions of Section % of the Code of Civil &rocedure $,<%; and the Court does here! fix @43% per diem as the rate of the monthl! allowance for the susistence of the said . . . . . . . during his confinementunder this warrant of committal.


Judge.

*o. $

6rder for the Release of a &erson (mprisoned in Execution of a 7ecree

>Sections % ,?

>0itle?

0o

0he 6fficer in charge of the Jail at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

/nder orders passed this da! !ou are here! directed to set free . . . . . . . Gudgment#detor now in !ourcustod!.

dated. . . . . . . . . . . . .

Judge.

*o. $2

Attachment in Execution &rohiitor! 6rder where the &ropert! to e

Attached Consists of )ovale &ropert! to which the 7efendant is

Entitled SuGect to a lien or Right of some other &erson to the

(mmediate &ossession thereof

>6. 9$ R. 42?

>0itle?

0o



Whereas . . . . . . . . . . . . . . has failed to satisf! a decree passed against . . . . . . . on the . . . . . . . . . da!of . . . . . . . $, . . . . in Suit *o. . . . . . . . . . . . of $, . . . . . in favour of . . . . . . . for Rs. . . . . . . . ; (t is orderedthat the defendant e and is here! prohiited and restrained until the further order of this Court fromreceiving from . . . . . . . the following propert! in the possession of the said . . . . . . . that is to sa! . . . . . . towhich the defendant is entitled suGect to an! claim of the said . . . . . . . and the said . . . . . . . is here!prohiited and restrained until the further order of this Court from delivering the said propert! to an! personor persons whomsoever.


Judge.

@43,@*o. $2A

Affidavit of Assets to e made ! a Judgment#detor

6rder 55( Rule 4$>9?

(n the Court of

A.= . . . . . . . . . 7ecree#holder.

vs.

C . . . . . . . . Judgment#detor.

( . . . . . . . . . . . . . . . . . . . . . . . of

state onEromanQQoath over Qsolemn affirmation as follows"I

$. )! full name is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

>=locF Capitals?

9. ( live at

-. ( am marriedOsingleOwidower >widow?Odivorced

4. 0he following persons are dependant upon me"I

. )! emplo!ment trade or profession is that of carried on ! me at

( am a director of the following companies"I

2. )! present annualOmonthl!OweeFl! income after pa!ing income#tax is as follows"I

>a? :rom m! emplo!ment trade or profession Rs.

>? :rom other sources Rs.

3. >a? ( own the house in which ( live; its value is Rs.

( pa! as outgoings ! wa! of rates mortgage interest etc. the annual sum of Rs.

>? ( pa! as rent the annual sum of Rs. . . . . . . .

%. ( possess the following"I>a? =anFing accounts;

>? StocFs and shares;

>c? 'ife and endowment policies; 1ive particulars.

>d? House propert!;

>e? 6ther propert!;

>f? 6ther securities;



,. 0he following dets are due to me"IC<

>give particulars?

>a? :orm . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rs.

>? :rom . . . . . . .of . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rs. . . . . . . .>etc.?

Sworn efore me etc.

*o. $3

Attachment in Execution &rohiitor! 6rder where the &ropert! Consists of

7ets not Secured ! *egotiale (nstruments

>6. 9$ R. 42?

>0itle?

0o

Whereas. . . . . . .has failed to satisf! a decree passed against . . . . . . . . . on the . . . . . . . . . da!of . . . . . . . . . $,. . . in Suit *o. . . . . . . . . . of $, . . . . . . . in favour of until the further order of this Courtfrom receiving from !ou a certain det alleged now to e due from !ou to the said defendantnamel! . . . . . . . . . and that !ou the said . . . . . . . . . e and !ou are here! prohiited and restrained untilthe further order of this Court from maFing pa!ment of the said det or an! part thereof to an! personwhomsoever or otherwise than into this Court.

1iven under m! hand and the seal of the Court this . . . . . . . . . da! of $, . . .

Judge.

*o. $%

Attachment in Execution &rohiitor! 6rder where the &ropert! Consists of

Shares in the Capital of a Corporation

>6. 9$ R. 42?

>0itle?

0o

7efendant and to . . . . . . . . . Secretar! of Corporation

Whereas . . . had failed to satisf! a decree passed against . . . on the . . . da! of. . . $, . . . in Suit*o. . . . . . . . . . of $, . . . . . in favour of. . . for Rs. . . . . ; (t is ordered that !ou the defendant e and !ouare here! prohiited and restrained until the further order of the Court from maFing an! transfer of. . . .shares in the aforesaid corporation namel! . . . . or from receiving pa!ment of an! dividends thereon; and!ou . . . the Secretar! of the said Corporation are here! prohiited and restrained from permitting an!such transfer or maFing an! such pa!ment.

1iven under m! hand and the seal of the Court this . . . . . da! of . . . . . . . . $,. . . . .

Judge.

*o. $,

6rder to Attach Salar! of &ulic 6fficer or Servant of Railwa!

Compan! or 'ocal Authorit!

>6. 9$ R. 4%?



>0itle?

0o

Whereas . . . . . . . . . Gudgment#detor in the aove#named case is a >descrie officer of Gudgment#detor?receiving his salar! >or allowances? at !our hands; and whereas . . . . . . . . . decree#holder in the said casehas applied in this Court for the attachment of the salar! >or allowances? of the said . . . . . . . . to the extent of . . . . . . . . due to him under the decree; +ou are here! reDuired to withhold the said sum of. . . . . . . . . . from

the salar! of the said . . . . . . . . . in monthl! instalments of . . . . . . . . and to remit the said sum >or monthl!instalments? to this Court.

1iven under m! hand and the seal of the Court this . . . . . . . . . da! of . . . . . $,. . .

Judge.

*o. 9<

6rder of Attachment of *egotiale (nstrument

>6. 9$ R. $?

>0itle?

0o


Whereas an order has een passed ! this Court on the . . . . . da! of . . . . . . . . . $, . . . for the attachmentof . . . ; +ou are here! directed to seie the said . . . . . . . . . and ring the same into Court.


Judge.

*o. 9$

Attachment &rohiitor! 6rder where the &ropert! Consists of )one! or of

an! Securit! in the Custod! of a Court of Justice of &ulic 6fficer

>6. 9$ R. 9?.

>0itle?

0o

Sir

0he plaintiff having applied under rule 9 of 6rder 55( of the Code of Civil &rocedure $,<% for anattachment of certain mone! now in !our hands >here state how the mone! is supposed to e in the hands of the person addressed on what account etc.? ( reDuest that !ou will hold the said mone! suGect to thefurther order of this Court.

( have the hounour to e

Sir

+our most oedient Servant.

Judge.

7ated the . . . . . . . . . da! of . . . . . . . . . $,...

*o. 99

*otice of Attachment of a 7ecree to the Court which &assed it

>6. 9$ R. 9.?



>0itle?

0o

0he Judge of the Court of

Sir

( have the honour to inform !ou that the decree otained in !our Court on the . . . . . . . . . da! of . . . . . . . . .

$,. . . ! . . . . . . . . . in Suit *o. . . . . . . . . . of $L,. . . in which he was . . . . . . . . . and . . . . . . . . . was . . .has een attached ! this Court on the application of . . . . . . . . . the . . . . . . . . . in the suit specified aove.+ou are therefore reDuested to sta! the execution of the decree of !our Court until !ou receive an intimationfrom this Court that the present notice has een cancelled or until execution of the said decree is applied for! the holder of the decree now sought to e executed or ! his Gudgment#detor.

( have the honour etc.

Judge.

7ated the . . . . . . . . . da! of. . . $,. . .

*o. 9-

*otice of Attachment of a 7ecree to the Holder of the 7ecree

>6. 9$ R. -?

>0itle?

0o

Whereas an application has een made in this Court ! the decree#holder in the aove suit for theattachment of a decree otained ! !ou on the . . . . . . . . . da! of . . . . . . . . $, . . . in the Court of . . . . . . . . .in Suit *o. . . . . . . . of $, . . . in which . . . . . . . . . was . . . . . . . . . and . . . . . . . . . was . . . . . . . . . (t isordered that !ou the said . . . . . . e and !ou are here! prohiited and restrained until the further order of this Court from transferring or charging the same in an! wa!.

1iven under m! hand and the seal of the Court this . . . . . . . . . da! of . . . . . . . . . $,. . .

Judge.

*o. 94

Attachment in Execution

&rohiitor! 6rder Where the &ropert! Consists of (mmovale &ropert!

>6. 9$ R. 4?

>0itle?

0o

7efendant

Whereas !ou have failed to satisf! a decree passed against !ou on the . . . . . . . . . da! of . . . . . . . . .$,. . . . . in Suit *o. . . . . . . of $,. . . in favour of . . . . . . . . . .for Rs. . . . . . .; (t is ordered that !ou thesaid . . . . . . . . . e and !ou are here! prohiited and restrained until the further order of the Court fromtransferring or charging the propert! specified in the schedule hereunto annexed ! sale gift or otherwiseand that all person e and that the! are here! prohiited from receivng the same ! purchase gift orotherwise.

@4%< @(t is also ordered that !ou should attend Court on the . . . . . . . . . da! of . . . . . . . . . $,. . . to taFe noticeof the date fixed for setting the terms of the proclamation of sale.

1iven under m! hand and the seal of the Court this . . . . . . . . . da! of . . . . . . . . . $,. . . . . .

Schedule



Judge.

*o. 9

6rder for &a!ment to the &laintiff etc. of )one! etc. in the Hands of a 0hird &art!

>6. 9$ R. 2?

>0itle?

0o

Whereas the following propert! . . . . . . . . . has een attached in execution of a decree in Suit *o. . . . . . . . . .of . . . . . . . . . $, . . . passed on the . . . . . . . . . da! of . . . . . . . . . $,. . . in favour of . . . . . . . . . for Rs. . . . .. . . . . . (t is ordered that the propert! so attached consisting of Rs. . . . . . . . . . in mone! and Rs. . . . . . . . . .in currenc!#notes or a sufficient part thereof to satisf! the said decree shall e paid over ! !ou the said . . .. . . . . . to

1iven under m! hand and the seal of the Court this . . . . da! of . . . . $, . . .

Judge.

*o. 92

*otice to Attaching Creditor

>6. 9$ R. %?

>0itle?

0o

Whereas . . . . . . . . . has made application to this Court for the removal of attachment on . . . . . . . .placed at!our instance in execution of the decree in Suit *o. . . . . . . . . . of . . . . . . . . . $,. . . this is to give !ou noticeto appear efore this Court on . . . . . . . . . the . . . . . . . . . da! of . . . . . . . . . $,. . . . either in person or ! apleader of the Court dul! instructed to support !our claim as attaching creditor.


Judge.

*o. 93

Warrant of Sale of &ropert! in Execution of a 7ecree for )one!

>6. 9$ R. 22?

>0itle?

0o


0hese are to command !ou to sell ! auction after giving . . . . . . . . . da!sK previous notice ! affixing thesame in this Court#house and after maFing due proclamation the . . . . . . . . . . propert! attached under awarrant from this Court dated the . . . . . . . . da! of. . . $,. . . in execution of a decree in favour of . . . . . . . . .in Suit *o. . . . . . . . . . of $, . . . or so much of the said propert! as shall realie the sum of Rs. . . . . . eingthe . . . . . of the said decree and costs still remaining unsatisifed.

+ou are further commanded to retrun this warrant on or efore the . . . . . . . . . da! of . . . . $,. . . with anendorsement certif!ing the manner in which it has een executed or the reason wh! it has not eenexecuted.

1iven under m! hand and the seal of the Court this . . . . . . . . . da! of . . . . . . . . . $, . . .

Judge.

*o. 9%



*otice of the 7a! :ixed for Setting a Sale &roclamation

>6. 9$ R. 22?

>0itle?

0o

Judgment#detor.

Whereas in the aove#named suit . . . . . . . . . the decree#holder has applied for the sale of . . . . . . . . . ; !ouare here! informed . . . . . . . . . that the . . . . . . . . . da! of . . . . . . . . $,. . . . has een affixed for setting theterms of the proclamation of sale.

1iven under m! hand and the seal of the Court this . . . . . . . . . da! of . . . . . . . . . $,. . . .

Judge.

*o. 9,

&roclamation of Sale

>6. 9$ R. 22?

>0itle?

>$? Suit *o. . . . . of $,. . . decided ! the . . . . . . . . . of . . . . . . . . . in which was plaintiff and was defendantI*otice is here! given that under rule 24 of 6rder 55( of the Code of Civil &rocedure $,<% an order haseen passed ! this Court for the sale of the attached propert! mentioned in the annexed schedule insatisfaction of the claim of the decree#holder in the suit >$? mentioned in the margin amounting with costsand interest up to date of sale to the sum of.

0he sale will e ! pulic auction and the propert! will e put up for sale in the lots specified in the schedule.0he sale will e of the propert! of the Gudgment#detors aove#named as mentioned in the schedule elow;and the liailities and claims attaching to the said propert! so far as the! have een ascertained are thosespecified in the schedule against each lot.

(n the asence of an! order of postponement the sale will e held ! . . . . . . . . . at the monthl! salecommencing at . . . . . . . . . oKclocF on the . . . . . . . . . at . . . . . . . . . (n the event however of the det aove

specified and of the costs of the sale eing tendered or paid efore the FnocFing down of an! lot the sale wille stopped.

At the sale the pulic generall! are invited to id either personall! or ! dul! authoried agent. *o id ! oron ehalf of the Gudgment#creditors aove#mentioned however will e accepted nor will an! sale to theme valid without the express permission of the Court previousl! given. 0he following are the further.

Conditions of sale

$. 0he particulars specified in the schedule elow have een stated to the est of the information of theCourt ut the Court will not e answerale for an! error mis#statement or omission in this proclamation.

9. 0he amount ! which the iddings are to e increased shall e determined ! the officer conducting thesale. (n the event of an! dispute arising as to the amount id or as to the idder the lot shall at once eagain put up to auction.

-. 0he highest idder shall e declared to e the purchaser of an! lot provided alwa!s that he is legall!Dualified to id and provided that it shall e in the discretion of the Court or officer holding the sale to declineacceptance of the highest id when the price offered appears so clearl! inadeDuate as to maFe it advisaleto do so.

4. :or reasons recorded it shall e in the discretion of the officer conducting the sale to adGourn it suGectalwa!s to the provisions of rule 2, of 6rder 55(.

. (n the case of movale propert! the price of each lot shall e paid at the time of sale or as soon after asthe officer holding the sale directs and in default of pa!ment the propert! shall forthwith e again put up andre#sold.



2. (n the case of immovale propert! the person declared to e the purchaser shall pa! immediatel! aftersuch declaration a deposit of 9 per cent. on the amount of his purchaser#mone! to the officer conducting thesale and in default of such deposit the propert! and forthwith e put up again and re#sold.

3. 0he full amount of the purchase#mone! shall e paid ! the purchaser efore the Court closes on thefifteenth da! after the sale of the propert! exclusive of such da! or if the fifteenth da! e a Sunda! or otherholida! then on the first office da! after the fifteenth da!.

%. (n default of pa!ment of the alance of purchase#mone! within the period allowed the propert! shall e re#sold after the issue of a fresh notification of sale. 0he deposit after defra!ing the expenses of the sale ma!if the Court thinFs fit e forfeited to 1overnment and the defaulting purchaser shall forfeit all claim to thepropert! or to an! part of the sum for which it ma! e suseDuentl! sold.


Judge.

Schedule of &ropert!

*umer of lot

7escription of propert! to e sold with the name of each owner where there are more Gudgment#detors thanone

0he revenue assessed upon the estate or part of the estate if the propert! to e sold is an interest in estateor a part of an estate pa!ing revenue to 1overnment

7etail of an! encumrances to which the propert! is liale

Claims if an! which have een put forward to the propert! and an! other Fnown particular earing on itsnature and value

@4%$@0he value of the propert! as state ! the decree holder

0he value of the propert! as stated ! the Gudgment#detor

*o. -<

6rder on the *air for Causing Service of &roclamation of Sale

>6. 9$ R. 22?

>0itle?

0o

0he *air of the Court.

Whereas an order has een made for the sale of the propert! of the Gudgment#detor specified in theschedule hereunder annexed and whereas the . . . . . . . da! of . .. . . . . $,. . . has een fixed for the sale ofthe said propert! . . . . copies of the proclamation of sale are ! this warrant made over to !ou and !ou arehere! ordered to have the proclamation pulished ! eat of drum within each of the properties specified inthe said schedule to affix a cop! of the said proclamation on a conspicuous part of each of the saidproperties and afterwards on the Court#house and then to sumit to this Court a report showing the dates on

which and the manner in which the proclamations have een pulished.

7ate the . . . . . . . . . da! of. . . . . . . . . $,. . .

Schedule

Judge.

*o. -$

Certificate ! 6fficer Holding a Sale of the 7eficienc! of &rice on a

Re#sale of &ropert! ! Reason of the &urchaserKs 7efault



>6. 9$ R. 3$?

>0itle?

Certified that at the re#sale of the propert! in execution of the decree in the aove#named suit inconseDuence of default on the part of. . . . . . . . . . . . . purchase there was a deficienc! in the price of thesaid propert! amounting to Rs.... and that the expenses attending such re#sale amounted to Rs. . . . . . . . . . maFing a total of Rs. . . . . . . . . . which sum is recoverale from the defaulter.

7ated the . . . . . . . . . da! of . . . . . . . . . $,. . .

6fficer holding the sale

*o. -9

*otice to &erson in &ossession of )ovale &ropert! Sold in Execution

>6. 9$ R. 3,?

>0itle?

0o

Whereas . . . . . . . . . has ecome the purchaser at a pulic sale in execution of the decree in the aove suitof . . . . . . . . . now in !our possession !ou are here! prohiited from delivering possession of the said . . . . .. . . . to an! person except the said . . . . . . . . .


Judge.

*o. --

&rohiitor! 6rder against &a!ment of 7ets Sold in Execution to an!

6ther than the &urchaser

>6. 9$ R. 3,?

>0itle?

0o

and to . . . . . . . . .

Whereas . . . . . . . . . has ecome the purchaser at a pulic sale in execution of the decree in the aove suitof . . . . . . . . . eing dets due from !ou . . . . . . . . . to !ou . . . . . . . . . ; (t is ordered that !ou . . . . . . . . . eand !ou are here! prohiited from receiving and !ou . . . . . . . . . from maFing pa!ment of the said det toan! person of or person except the said . . . . . . .


Judge.

*o. -4

&rohiitor! 6rder against the 0ransfer of Share Sold in Execution

>6. 9$ R. 3,?

>0itle?

0o

. . . . . . . . . and . . . . . .. . . . . . . . . Secretar! of . . . . . .. . . . . . . . . . . . . . . .. . . . . Corporation.

Whereas . . . . . . . . . has ecome the purchaser at a pulic sale in execution of the decree in the aove suitof certain shares in the aove Corporation that is to sa! of . . . . . . . . . standing in the name of !ou . . . . . . . .. ; (t is ordered that !ou . . . . . . . . . e and !ou are here! prohiited from maFing an! transfer of the said



shares to an! person except the said . . . . . . . . . the purchaser aforesaid or from receiving an! dividendsthereon; and !ou . . . . . . . . . Secretar! of the said Corporation from permitting an! such transfer or maFingan! such pa!ment to an! person except the said . . . . . . . . . the purchaser aforesaid.


Judge.

*o. -

Certificate to Judgment#detor Authorising him to )ortgage 'ease or Sell &ropert!

>6. 9$ R. %-?

>0itle?

Whereas in execution of the decree passed in the aove suit an order was made on the . . . . . . . . . da!of . . . . . . . . . $,. . . for the sale of the under#mentioned propert! of the Gudgment#detor . . . . . . . . . andwhereas the Court has on the application of the said Gudgment#detor postponed the said sale to enale himto raise the amount of the decree ! mortgage lease or private sale of the said propert! or of some partthereof"

0his is to certif! that the Court doth here! authorie the said Gudgment#detor to maFe the proposedmortgage lease or sale within a period of . . . . . . . . . from the date of this certificate; provided that all monies

pa!ale under such mortgage lease or sale e paid into this Court and not to the said Gudgment#detor.



Judge.

*o. -2

*otice to Show Cause Wh! Sale should not e Set Aside

>6. 9$ R. ,< ,9?

>0itle?

0o

Whereas the under#mentioned propert! was sold on the . . . . . . da! of . . . . . . . . . $, . . . in execution of thedecree passed in the aovenamed suit and whereas . . . . . . . . . the decree#holder @or Gudgement#detorhas applied to this Court to set aside the sale of the said propert! on the ground of a material irregularit! @orfraud in pulishing @or conducting the sale namel! that . . . . . . . . .

0aFe notice that if !ou have an! cause to show wh! the said application should not e granted !ou shouldappear with !our proofs in this Court on the . . . . . . . . . da! of . . . . . . . . . $, . . . when the said applicationwill e heard and determined.



Judge.

*o. -3

*otice to Show Cause Wh! Sale should not e Set Aside

>6. 9$ R. ,$ ,9?

>0itle?

0o



Whereas . . . . . . . . . the purchaser of the under#mentioned propert! sold on . . . . . . . . the da! of . . . . . . . . .$, . . . in execution of the decree passed in the aove#named suit has applied to this Court to set aside thesale of the said propert! on the ground that . . . . . . . . . the Gudgment#detor had no saleale interesttherein.

0aFe notice that if !ou have an! cause to show wh! the said application should not e granted !ou shouldappear with !our proofs in this Court on the . . . . . . . . . da! of . . . . . . . . . $, . . . . when the said applicationwill e heard and determiend.



Judge.

*o. -%

Certificate of Sale of 'and

>6. 9$ R. ,4?

>0itle?

0his is to certif! that . . . . . . . . . has een declared the purchaser at a sale ! pulic auction on the . . . . . . . .

. da! of . . . . . . . . . $, . . . of . . . . in execution of decree in this suit and that the said sale has een dul!confirmed ! this Court.


Judge.

*o. -,

6rder for 7eliver! to Certified &urchaser of 'and at a Sale in Execution

>6. 9$ R. ,?

>0itle?

0o

0he =ailiff of the Court

Whereas . . . . . . . . . . . . . . . . . . has ecome the certified purchaser . . . . . . . of . . . . . . . at a sale inexecution of decree in Suit *o. . . . . . . . . . of . . . . . . . . . $, . . . ; +ou are here! ordered to put thesaid . . . . . . . . . the certified purchaser as aforesaid in possession of the same.


Judge.

*o. 4<

Summons to Appear and Answer Charge of 6structing Execution of 7ecree

>6. 9$ R. ,3?

>0itle?

0o

Whereas . . . . . . . . . . . . . . . . . . the decree#holder in the aove suit has complained to this Court that !ouhave resisted >or ostructed? the officer charged with the execution of the warrant for possession"

+ou are here! summoned to appear in this Court on the . . . . . .. . . . . . . . da! of . . . . . . . . $,. . . . . at . . . .a.m. to answer the said complaint.




Judge.

*o. 4$

Warrant of Committal

>6. 9$ R. ,%?

>0itle?

0o

0he officer in charge of the Jail at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Whereas the under#mentioned propert! has een decreed to . . . . . . . . . the plaintiff in this suit andwhereas the Court is satisfied that . . . . . . . . . without an! Gust cause resisted @or ostructed and is stillresisting @or ostructing the said . . . . . . . . . in otaining possession of the propert! and whereas thesaid . . . . . . . . . . . . has made application to this Court that he said . . . . . . . . . e committed to the civilprison;

+ou are here! commanded and reDuired to taFe and receive the said . . . . . . . . . into the civil prison and toFeep him imprisoned therein for the period of . . . . . . . . . da!s.


Judge.

*o. 49

Authorit! of the Collector to Sta! &ulic Sale of 'and

>Section 39?

>0itle?

0o

Collector of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sir

(n answer to !our communication *o. . . . . . . . . . dated . . . . . . . . . representing that the sale in execution ofthe decree in this suit of . . . . . . . . . . . . . . . . . . land situate within !our district is oGectionale ( have thehonour to inform !ou that !ou are authorised to maFe provision for the satisfaction of the said deree in themanner recommended ! !ou.

( have the honour to e

Sir

+our oedient servant

Judge.

A&&E*7(5 :

S/&&'E)E*0A' &R6CEE7(*1S

*o. $

Warrant of Arrest efore Judgment

>6. -% R. $?

>0itle?

0o




Whereas . . . . . . . . . the plaintiff in the aove suit claims the sum of Rs. . . . . . . . . . as noted in the marginand has proved to the satisfaction of the Court that there is proale cause for elieving that the defendant isaout to . . . . . . 0hese are to command !ou to demand and receive from the said . . . . . . . . . the sum of Rs. .. . . . . . . . as sufficint to satisf! the plaintiffKs claim and unless the said sum of Rs. . . . . . . . . . is forthwithdelivered to !ou ! or on ehalf of the said . . . . . . . . . to taFe the said . . . . . . . . . into custod! and to ringhim efore this Court in order that he ma! show cause wh! he should not furnish securit! to the amount ofRs . . . . . . . . . for his personal appearance efore the Court until such time as the said suit shall e full! andfinall! disposed of and until satisfaction of an! decree that ma! e passed against him in the suit.


Judge.

&rincipal

(nterest

Costs

0otal

*o. 9

Securit! for Appearance of a 7efendant Arrested efore Judgment

>6. -% R. 9?

>0itle?

Whereas at the instance of . . . . . . . . . the plaintiff in the aove suit the defendant has een arrested androught efore the Court;

And whereas on the failure of the said defendant to show cause wh! he should not furnish securit! for hisappearance the Court has ordered him to furnish such securit!"

0herefore ( . . . . . . . . . . . . have voluntaril! ecome suret! and do here! ind m!self m! heirs andexecutors to the said Court that the said defendant shall appear at an! time when called upon while the suitis pending and until satisfaction of an! decree that ma! e passed against him in the said suit; and in defaultof such appearance ( ind m!self m! heirs and executors to pa! to the said Court at its order an! sum of

mone! that ma! e adGudged against the said defendant in the said suit.

Witness m! hand at . . . . . . . . . this . . . . . . . . . da! of . . . . . . . . . $, . . .

>Signed?

Witnesses.

$.

9.

*o. -

Summons to 7efendant to Appear on Suret!Ks Application :or 7ischarge

>6. -% R. -?

>0itle?

0o

Whereas . . . . . . . . . who ecame suret! on the . . . . . . . . . da! of . . . . . . . . . $,. . . for !our appearance inthe aove suit has applied to this Court to e discharged from this oligation"

+ou are here! summoned to appear in this Court in person on the . . . . . . . . . da! of . . . . . . . . . $,. . . at . .. . . . . . . a.m. where the said application will e heard and determined.




Judge.

*o. 4

6rder :or Committal

>6. -% R. 4?

>0itle?

0o

Whereas . . . . . . . . . plaintiff in this suit has made application to the Court that securit! e taFen for theappearance of . . . . . . . . . the defendant to answer an! Gudgment that ma! e passed against him in thesuit; and whereas the Court has called upon the defendant to furnish such securit! or to offer a sufficientdeposit in lieu of securit! which he had failed to do; it is ordered that the said defendant . . . . . . . . . ecommitted to the civil prison until the decision of the suit; or if Gudgment e pronounced against him untilsatisfaction of the decree.


Judge

*o.

Attachment efore Judgment with 6rder to Call for Securit! for

:ulfilment of 7ecree

>6. -% R. ?

>0itle?

0o


Whereas . . . . . . . . . has proved to the satisfaction of the Court that the defendant in the aove suit . . . . . . . .. ; . . . . . . . . . . . . . . . . . .

0hese are to command !ou to call upon the said defendant . . . . . . . . . on or efore the . . . . . . . . . . . . . da!of . . . . . . . . . $, . . . . . . . . . either to furnish securit! for the sum of rupees . . . . . . . . . to produce and placeat the disposal of this Court when reDuired . . . . . . . . . for the value thereof or such portion of the value asma! e sufficient to satisf! an! decree that ma! e passed against him; or to appear and show cause wh! heshould not furnish securit!; and !ou are further ordered to attach the said . . . . . . . . . and Feep the sameunder safe and secure custod! until the further order of the Court; and !ou are further commanded to retunthis warrant on or efore the . . . . . . . . . da! of . . . . . . . . . $,. . . with an endorsement certif!ing the date onwhich and the manner in which it has een executed or the reason wh! it has not een executed.


Judge.

*o. 2

Securit! for the &roduction of &ropert!

>6. -% R. ?

>0itle?

Whereas at the instance of . . . . . . . . . the plaintiff in the aove suit . . . . . . . . . . the defendant has eendirected ! the Court to furnish securit! in the sum of Rs. . . . . . . . . . to produce and place at the disposal ofthe Court the propert! specified in the schedule hereunto annexed;

0herefore ( . . . . . . . . . have voluntaril! ecome suret! and do here! ind m!self m! heirs and executors tothe said Court that the said defendant shall produce and place at the disposal of the court when reDuiredthe propert! specified in the said schedule or the value of the same or such portion thereof as ma! e



sufficient to satisf! the decree; and in default of his so doing ( ind m!self m! heirs and executors to pa! tothe said Court at its order; the said sum of Rs. . . . . . . . . . of such sum not exceeding the said sum as thesaid Court ma! adGudge.

Schedule

Witness m! hand at . . . . . . . . . this da! of . . . . . . . . . $,. . .

>Signed?

Witnesses.

$.

9.

*o. 3

Attachment efore Judgment on &roof of :ailure to :urnish Securit!

>6. -% R. 2?

>0itle?

0o


Whereas . . . . . . . . . the plaintiff in this suit has applied to the Court to call upon . . . . . . . . . the defendantto furnish securit! to fulfil an! decree that ma! e passed against him in the suit and whereas the Court hascalled upon the said . . . . . . . . . to furnish such securit! which he has failed to do; these are to command!ou to attach . . . . . . . . . the propert! of the said . . . . . . . . . and Feep the same under safe and securecustod! until the further order of the Court and !ou are further commanded to return this warrant on orefore the . . . . . . . . . da! of . . . . . . . . . $, . . . . . . . . . with an endorsement certif!ing the date on which andthe manner in which it has een executed or the reason wh! it has not een executed.


Judge.

*o. %

0emporar! (nGunctions

>6. -, R. $?

>0itle?

/pon motion made unto this Court ! . . . . . . . . . &leader of @or Counsel for the plaintiffA. =. and uponreading the petition of the said plaintiff in this matter filed @this da! @or the plaint filed in this suit on the . . . . . .. . . . . da! of . . . . . . . . . or the written statement of the said plaintiff filed on the . . . . . . . . da! of . . . . . . . . . and upon hearing the evidence of . . . . . . . . . and . . . . . . . . . in support thereof @if after notice and defendantnot appearing" and and also the evidence of . . . . . . . . . as to service of notice of this motion upon thedefendantC.7." 0his Court doth order that an inGunction e awarded to restrain the defendantC.7. hisservants agents and worFmen from pulling down or suffering to e pulled down the house in the plaint inthe said suit of the plaintiff mentioned @or in the written statementor petition of the plaintiff and evidence atthe hearing of this motion mentioned eing *o. , 6ilmongers Street Hindupur in a 0aluF of . . . . . . . . . andfrom selling the materials where of the said house is composed until the hearing of this suit of until thefurther order of this Court.

7ated this . . . . . . . . . da! of . . . . . . . . . $,. . . .

Judge.

@Where the inGunction is sought to restrain the negotiation of a note or ill the ordering part of the order ma!run thus"I



. . . . . . . . . to restrain the defendant . . . . . . . . . and . . . . . . . . . from parting without of the custod! of them or an! of them or endorsing assigning or negotiating the promisor! note @or ill of exchange in Duestion datedon or aout the . . . . . . . . . etc. mentioned in the plaintiffKs plaint @or petition and the evidence heard at thismotion until the hearing of this suit or until the further order of this Court.

@(n Cop!right cases to restrain the defendantC.7. his servants agents or worFmen from printing pulishingor vending a ooF called . . . . . . . . . or an! part thereof until the etc.

@Where part onl! of a ooF is to e restrained. . . . . . . . . to restrain the defendantC.7. his servant agents or worFmen from printing pulishing selling or otherwise disposing of such parts of the ooF in the plaint @or petition and evidence etc. mentioned to haveeen pulished ! the defendant as hereinafter specified namel! that part of the said ooF which isentitled . . . . . . . . . and also that part which is entitled . . . . . . . . . @or which is contained in page . . . . . . . . . topage . . . . . . . . . oth inclusive until . . . . . . . . . etc.

@(n &atent cases . . . . . . . . . to restrain the defendantC. 7. his agents servants and worFmen from maFingor vending an! perforated ricFs @or as the case ma! e upon the principle of the inventions in the plaintiffKsplaint @or petition etc.or written statement etc. mentioned elonging to the plaintiffs or either of themduring the remainder of the respective terms of the patents in the plaintiffKs plaint @or as the case ma! ementioned and from counterfeiting imitating or resemling the same inventions or either of them or maFingan! addition thereto or sustraction therefrom until the hearing etc.

@(n cases of 0rade marFs . . . . . . . . . to restrain the defendantC.7. his servants agents or worFmen fromselling or exposing for sale or procuring to e sold an! composition or lacFing @or as the case ma! edescried as or purporting to e lacFing manufactured ! the plaintiffA.=. in ottles having affixed theretosuch laels as in the plaintiffKs plaint @or petition etc. mentioned or an! other laels so contrived orexpressed as ! colourale imitation or otherwise to represent the composition or lacFing sold ! thedefendant to e the same as the composition or lacFing manufactured and sold ! the plaintiffA.=. andfrom using trade#cards so contrived or expressed as to represent that an! composition or lacFing sold orproposed to e sold ! the defendant is the same as the composition or lacFing manufactured or sold !the plaintiffA.=. until the etc.

@0o restrain a partner from in an! wa! interfering in the usiness

to restrain the defendantC.7. his agents and servants from entering into an! contract and from acceptingdrawing endorsing or negotiating an! ill of exchange note or written securit! in the name of the partnership

firm of=. and7. and from contracting an! det u!ing and selling an! goods and from maFing or enteringinto an! veral or written promise agreement or undertaFing and from doing or causing to e done an! actin the name or the credit of the said partnership#firm of=. and7. or where! the said partnership#firm can orma! in an! manner ecome or e made liale to or for the pa!ment of an! sum of mone! or for theperformance of an! contract promise or undertaFing until the etc.

*o. ,

Appointment of a Receiver

>6. 4< R. $?

>0itle?

0o

Whereas . . . . . . . . . has een attached in execution of a decree passed in the aove suit on the . . . . . . . . .da! of . . . . . . . . . $,. . . in favour of . . . . . . . . . ; +ou are here! >suGect to !our giving securit! to thesatisfaction of the Court? appointed receiver of the said propert! under 6rder 5' of the Code of Civil&rocedure $,<% with full powers under the provisions of that 6rder.

+ou are reDuired to render a due and proper account of !our receipts and disursements in respect of thesaid propert! on . . . . . . . . . +ou will e entitled to remuneration at the rate of . . . . . . . . . per cent. upon !ourreceipts under the authorit! of this appointment.


Judge



*o. $<

=ond to e 1iven ! Receiver

>6. 4< R. -?

>0itle?

Bnow all men ! these presents that we . . . . . . . . . and . . . . . . . . . and . . . . . . . . . are Gointl! and

severall! ound to . . . . . . . . . of the Court of . . . . . . . . . in Rs. . . . . . . . . . to e paid to e said . . . . . . . . . or his successor in office for the time eing. :or which pa!ment to e made we ind ourselves and each of usin the whole our and each of our heirs executors and administrators Gointl! and severall! ! thesepresents.

7ated this . . . . . . . . . da! of . . . . . . . . . $,.. .

Whereas a plaint has een filed in this Court ! . . . . . . . . . against . . . . . . . . . for the purpose of @here insertthe oGect of suit"

And whereas the said . . . . . . . . . has een appointed ! order of the aove#mentioned Court to receive therents and profits of the immovale propert! and to get in the outstanding movale propert! of . . . . . . . . . . . . ..in the said plaint named" . . . . . . . . . . . . . .

*ow the condition of this oligation is such that if the aove#ounden . . . . . . . . . shall dul! account for all

and ever! the sum and sums of mone! which he shall so receive on account of the rents and profits of theimmovale propert! and in respect of the movale propert! of the said . . . . . . . . . at such periods as thesaid Court shall appoint and shall dul! pa! the alances which shall from time to time e certified to e duefrom him as the said Court hath directed or shall hereafter direct then this oligation shall e void otherwiseit shall remain in full force.

Signed and delivered ! the aove#ounden in the presence of . . . . . . . . . . . . .

*ote.I(f deposit of mone! is made the memorandum thereof should follow the terms and the condition ofthe ond.

A&&E*7(5 1

A&&EA' RE:ERE*CE A*7 RE8(EW

*o. $

)emornadum of Appeal

>6. 4l R. $?

>0itle?

0he

. . . . . . . aove#named appeals to the . . . . . . . . . Court at . . . . . . . . . from the decree of . . . . . . . . . in Suit*o. . . . . . . . . . of . . . . . . . . . $, . . . . . . dated the . . . . . . . . . da! of . . . . . . . . . $, . . . and sets forth thefollowing grounds of oGection to the decree appealed from namel!"I

*o. 9

Securit! =ond to e 1iven on 6rder =eing )ade to Sta! Execution of 7ecree

>6. 4$ R. ?

>0itle?

0o

0his securit! ond on sta! of execution of decree executed ! . . . . . . . . . witnesseth"I

0hat . . . . . . . . . the plaintiff in Suit *o. . . . . . . . . . of $, . . . having sued . . . . . . . . . the defendant in thisCourt and a decree having een passed on the . . . . . . . . . da! of . . . . . . . . . $, . . . in favour of the plaintiff



and the defendant having preferred an appeal from the said decree in the . . . . . . . . . Court the said appealis still pending.

*ow the plaintiff decree#holder having applied to execute the decree the defendant has made an applicationpra!ing for sta! of execution and has een called upon to furnish securit!. Accordingl! ( of m! own free willstand securit! to the extent of Rs. . . . . . . . . . mortgaging the properties specified in the schedule hereuntoannexed and covenant that if the decree of the first Court e confirmed or varied ! the Appellate Court thesaid defendant shall dul! act in accordance with the decree of the Appellate Court and shall pa! whatever

ma! e pa!ale ! him thereunder and if he should fail theein then an! amount so pa!ale shall e realiedfrom the properties here! mortgaged and if the proceeds of the sale of the said properties are insufficient topa! the amount due ( and m! legal representatives will e personall! liale to pa! the alance. 0o this effect( execute this securit! ond this . . . . . . . . . da! of . . . . . . . . $,. . .

Schedule

>Signed?

Witnessed !

$.

9.

*o. -

Securit! =ond to e 1iven 7uring the &endenc! of Appeal

>6. 4$ R. 2?

>0itle?

0o

0his securit! ond on sta! of execution of decree executed ! witnesseseth"I

0hat . . . . . . . . . the plaintiff in Suit *o. . . . . . . of . . . $, . . . having sued the defendant in this Court anda decree having een passed on the . . . da! of . . . $, . . . in favour of the plaintiff and the defendant havingpreferred an appeal from the said decree in the Court the said appeal is still pending.

*ow the plaintiff decree#holder has applied for execution of the said decree and has een called upon tofurnish securit!. Accordingl! ( of m! own free will stand securit! to the extent of Rs. . . . mortgaging theproperties specified in the schedule hereunto annexed and covenant that if the decree of the first Court ereversed or varied ! the Appellate Court the plaintiff shall restore an! propert! which ma! e or has eentaFen in execution of the said decree and shall dul! act in accordance with the decree of the Appellate Courtand shall pa! whatever ma! e pa!ale ! him thereunder and if he should fail therein then an! amount sopa!ale shall e realied from the properties here! mortgaged and if the proceeds of the sale of the saidproperties are insufficient to pa! the amount due ( and m! legal representatives will e personall! liale topa! the alance. 0o this effect ( execute this securit! ond this . . . . . . . . . da! of . . . . . . . . . $, . . . .

Schedule

>Signed?

Witnessed !

$.

9.

*o. 4

Securit! for Costs of Appeal

>6. 4l R. $<?

>0itle?



0o

0his securit! ond for costs of appeal executed ! . . . . . . . witnesseth"I

0his appellant has preferred an appeal from the decree in Suit *o. . . . . . . . . . of . . . $, . . . against therespondent and has een called upon to furnish securit!. Accordingl! ( of m! own free will stand securit! forthe costs of the appeal mortgaging the properties specified in the Schedule hereunto annexed. ( shall nottransfer the said properties or an! part thereof and in the event of an! default on the part of the appellant. (

shall dul! carr! out an! order that ma! e made against me with regard to pa!ment of the costs of appeal. An! amount so pa!ale shall e realied from the properties here! mortgaged and if the proceeds of thesale of the said properties are insufficient to pa! the amount due ( and m! legal representatives will epersonall! liale to pa! the alance. 0o this effect ( execute this securit! ond this . . . . . . . . . da!of . . . . . . . . . $, . . .

Schedule

>Signed?

Witnessed !

$.

9.

*o.

(ntimation to 'ower Court of Admission of Appeal

>6. 4l R. $-?

>0itle?

0o

+ou are here! directed to taFe notice that . . . . . . . . . the . . . . . . . . . in the aove suit has preferred anappeal to this Court from the decree passed ! !ou therein on the . . . da! of . . . . . . . . . $, . . .

+ou are reDured to send with all practicale despatch all material papers in suit.

7ated the . . . . . . . . . da! of . . . . . . . . . $, . . .

Judge.

*o. 2

*otice to Respondent of the 7a! :ixed for the Hearing of the Appeal

>6. 4l R. $4?

>0itle?

Appeal from the . . . . . . . . . of the Court . . . . . . . . . of . . . . . . . . . the . . . . . . . . . da! of . . . . . . . $, . . .

0o Respondent

0aFe notice that an appeal from the decree of . . . . . . . . . in this case has een presented ! . . . . . . . . . andregistered in this Court and that the . . . . . . . . . da! of . . . . . . . . . $, . . . . . . . . . has een fixed ! this Courtfor the hearing of this appeal.

(f no appearance is made on !our ehalf ! !ourself !our pleader or ! some one ! law authoried to actfor !ou in this appeal it will e heard and decided in !our asence.

1iven under m! hand and the seal of the Court this. . . . . . . da! of . . . . . . . .$, . . .

Judge.

@*oteI(f a sta! of execution has een ordered intimation should e given of the fact on this notice.

*o. 3



*otice to a &art! to a Suit not made a &art! to the Appeal ut

Joined ! the Court as a Respondent

>6. 4$ R. 9<?

>0itle?

0o

Whereas !ou were a part! in Suit *o. . . . . . . . . of . . . . in the Court of . . . . . . . . . and whereas the . . . . . .has perferred an appeal to this Court from the decree passed against him in the said suit and it appears tothis Court that !ou are interested in the result of the said appeal"

0his is to give !ou notice that this Court has directed !ou to e made a respondent in the said appeal andhas adGourned the hearing thereof till the . . . . . . . . . . . . da! of . . . . . . . . . $, . . . at . . . a.m. (f noappearance is made on !our ehalf on the said da! and at the said hour the appeal will e heard anddecided in !our asence.

1iven under m! hand and the seal of the Court this. . . . . . . da! of . . . . . . . .$, . . .

Judge.

*o. %

)emorandum of Cross 6Gection

>6. 4$ R. 99?

>0itle?

Whereas the . . . . . . has preferred an appeal to the . . . . Court at . . . . . . . . . from the decree of . . . . . . . . inSuit *o. . . . of $, . . . dated the . . . . . . . . . . .da! of . . . . . . . .$, . . and whereas notice of the da! fixed forhearing the appeal was served on the . . . . . . . . . . . . on the . . . . . . . . . . .da! of . . . . . .. . . . .$, . . . the . . . . . . . . . files this memorandum of cross oGection under rule 99 of 6rder 5'( of the Code of Civil&rocedure $,<% and sets forth the following grounds of oGection to the decree appealed from namel!"I

*o. ,

7ecree in Appeal

>6. 4$ R. -?

>0itle?

Appeal *o. . . . . . . . . . of $, . . . from the decree of the Court of . . . . . . . . dated the . . . . . . . . da! of . . .$, . . .

)emorandum of Appeal.

&laintiff.

7efendant.

0he . . . . . . . . . aove#named appeal to the . . . . . . . . Court at . . . . . . . . . from the decree of . . . . . . . . . in

the aove suit dated the . . . . . . . . . da! of . . . . . $, . . . for the following reasons namel!"I

0his appeal coming on for hearing on the . . . . . . . . . da! of. . . . . $, . . . efore . . . . . . . . . in the presenceof . . . . . . . . . or the appellant and of . . . . . . . . . for the respondent it is orderedI

0he costs of this appeal as detailed elow amounting to Rs. . . are to e paid ! . . . . . . . . . 0he costs of theoriginal suit are to e paid ! . . . . . . . . . . . . . . . . . . . . .

1iven under m! hand this . . . . . . . . . da! of . . . . . . . . $, . . .

Judge

Costs of Appeal



Appellant

Amount

Respondent

Amount

$.

9.

-.

4.

Stamp for memorandum of appeal

7o. :or power

Service of processes


0otal

Rs.

a.

p.

Stamp for power

7o. :or power

Service of processes


0otal

Rs.

a.

p.

*o. $<

Application to Appeal in =(forma pauperis

>6. 44 R. $?

>0itle?

( . . . . . . . . . the . . . . . . . . . aove#named present the accompan!ing memorandum of appeal from the

decree in the aove suit and appl! to e allowed to appeal as a pauper. Annexed is a full and true schedule of all the movale and immovale propert! elonging to me with theestimated value thereof.

7ated the . . . . . . . . . da! of . . . . . . . . . $, . . .

>Signed?

@*ote.IWhere the application is ! the plaintiff he should state whether he applied and was allowed to suein the Court of first instance as a pauper.

*o. $$



*otice of Appeal (n =(forma pauperis

>6. 44 R. $?

>0itle?

Whereas the aove#named . . . . . . . . . has applied to e allowed to appeal as a pauper from the decree inthe aove suit dated the . . . . . . . . . da! of . . . . . . . . . $, . . . and whereas the . . . . . . . . . da! of . . . . . . . . .$, . . . has een fixed for hearing the application notice is here! given to !ou that if !ou desire to show

cause wh! the applicant should not e allowed to appeal as a pauper an opportunit! will e given to !ou ofdoing so on the afore#mentioned date.

1iven under m! hand and the seal of the Court this . . . . . . . da! of . . . . . . . . . $, . . .

Judge.

*o. $9

*otice to Show Cause wh! a Certificate of Appeal to the

Supreme Court should not e 1ranted

>6. 4- R. -.?

>0itle?

0o

@4%9 @0aFe notice that . . . . . . . . . . . . . . . . . . . . . . . . . . . has applied to this Court for a certificateI

>i? that the case involves a sustantial Duestion of law of general importance and

>ii? that in the opinion of this Court the said Duestion needs to e decided ! the Supreme Court.

0he . . . . . . . . . da! of . . . . . . . $, . . . . is fixed for !ou to show cause wh! the Court should not grant thecertificate asFed for.


Registrar.

*o. $-

*otice to Respondent of Admission of Appeal to the Supreme Court

>6. 4 R. %.?

>0itle?

0o

Whereas . . . . . . . . . . . . . . . . . . . . . the . . . . . . . . . . . . . . in the aove case has furnished the securit! andmade the deposit reDuired ! 6rder 5'8 rule 3 of the Code of Civil &rocedure $,<%;

0aFe notice that the appeal of the said . . . . . . . . . . . . . to the Supreme Court has een admitted on the . . . . .. . . . da! of . . . . . . . $, . . . .


Registrar.

*o. $4

*otice to Show Cause Wh! a Review should not e 1ranted

>6. 43 R. 4.?

>0itle?

0o





'ist of Witnesses &roposed to e Called ! &laintiffO7efendant

>6rder 58( rule $.?

*ame of the part! which proposes to call the witness

*ame and address of the witness

RemarFs

*o. -

*otice of &a!ment into Court

>6rder 94 Rule 9?

>0itle?

0aFe notice that the defendant has paid into Court Rs.. . . . . . .

and sa!s that that sum is sufficient to satisf! the plaintiffKs claim in full.

5.+. &leader for the defendant.

0oN. &leader for the plaintiff.

*o. 4

*otice to Show Cause >1eneral :orm?

>0itle?

0o

Whereas the aove#named . . . . . . . . . . . . . . has made application to this Court that . . . . . . . . . . . . . . ;. . . . .. .

+ou are here! warned to appear in this Court in person or ! a pleader dul! instructed on the . . . . . . . . .da! of . . . . . . . $, . . . . at . . . . . . .6KclocF in the forenoon to show cause against the application failingwherein the said application will e heard and determinedex parte.


Judge.

*o.

'ist of 7ocuments &roduced ! &laintiffO7efendant

>6rder $- Rule $?

>0itle?

*o.

7escription of document

7ate if an! which the document ears

Signature of part! or pleader

$

9

-

4

*o. 2



*otice to &arties of the 7a! :ixed for Examination of a Witness

aout to 'eave the Jurisdiction

>6rder $% Rule $2.?

>0itle?

0o

&laintiff >or defendant?

Whereas in the aove suit application has een made to the Court ! . . . . . . . . . . . . . . that the examinationof . . . . . . . . . . . . . . a witness reDuired ! the said . . . . . . . . . . . . . . in the said suit ma! e taFenimmediatel!; and it has een shown to the CourtKs satisfaction that the said witness is aout to leave theCourtKs Gurisdiction >or an! other good and sufficient cause to e stated?"

0aFe notice that the examination of the said witness. . . . . . . . . . . . . . will e taFen ! the Court on the . . . . . .. . . da! of . . . . . . . $, . . . .

7ated the . . . . . . . . . da! of . . . . . . . $, . . . .

Judge.

*o. 3

Commission to Examine Asent Witness

>6. 92 Rules 4 $%?

>0itle?

0o

Whereas the evidence of . . . . . . . is reDuired ! the . . . . . . . . . . . . . . in the aove suit; andwhereas . . . . . . . . . . . . . . ; !ou are reDuested to taFe the evidence on interrogatories @or viva voce of suchwitness . . . . . . . . . . . . . . and !ou are here! appointed Commissioner for that purpose. 0he evidence will etaFen in the presence of the parties of their agents if in attendance who will e at liert! to Duestion thewitness on the points specified and !ou are further reDuested to maFe return of such evidence as soon as itma! e taFen.

&rocess to compel the attendance of the witness will e issued ! an! Court having Gurisdiction on !ourapplication.

A sum of Rs. . . . . . . . eing !our fee in the aove is herewith forwarded.


Judge.

*o. %

'etter of ReDuest

>6. 92 R. ?

>0itle?

>Heading "I0o the &resident and Judges of etc. etc.or as the case ma! e.?

Whereas a suit is now pending in the . . . . . . . . . . . . . . in whichA. =. is plaintiff andC. 7. is defendant; And inthe said suit the plaintiff claims.

>Astract of claim.?

And whereas it has een represented to the said Court that it is necessar! for the purposes of Gustice and forthe due determination of the matters in dispute etween the parties that the following persons should eexamined as witnesses upon oath touching such matters that is to sa! "



(/E. :. of

(/1. H. ofand

(/(. J. of/

And it appearing that such witnesses are resident within the Gurisdiction of !our honourale Court;

*ow ( . . . . . . . . . . . . . . as the . . . . . . . . . . . . . . of the said Court have the honour to reDuest and do

here! reDuest that for the reasons aforesaid and for the assistance of the said Court !ou as the &residentand Judges of the said . . . . . . . . . . or some one or more of !ou will e pleased to summon the said witness>and such other witnesses as the agents of the said plaintiff and defendant shall huml! reDuest !ou inwriting so to summon to attend at such time and place as !ou shall appoint efore some one or more of !ouor such other person as according to the procedure of !our Court is competent to taFe the examination ofwitnesses and that !ou will cause such witnesses to e examined upon the interrogatories whichaccompan! this letter of reDuest >or viva voce? touching the said matters in Duestion in the presence of theagents of the plaintiff and defendant or such of them as shall on due notice given attend such examination.

And ( further have the honour to reDuest that !ou will e pleased to cause the answers of the said witnessesto e reduced into writing and all ooFs letters papers and documents produced upon such examination toe dul! marFed for identification and that !ou will e further pleased to authenticate such examination ! theseal of !our triunal or in such other wa! as is in accordance with !our procedure and to return the sametogether with such reDuest in writing if an! for the examination of other witnesses to the said Court.

>*oteI(f the reDuest is directed to a :oreign Court the words through the )inistr! of External Affairs of the1overnment of (ndia for transmission should e inserted after the words other witnesses in the last line ofthis form.?

*o. ,

Commission for a 'ocal (nvestigation or to Examine Accounts

>6. 92 Rules , $$?

>0itle?

0o

Whereas it is deemed reDuisite for the purposes of this suit that a commission for . . . . . . should e issued;+ou are here! appointed Commissioner for the purpose of . . . . . . . . . . . . . .

&rocess to compel the attendance efore !ou of an! witnesses or for the production of an! documentswhom or which !ou ma! desire to examine or inspect will e issued ! an! Court have Gurisdiction on !ourapplication.

A sum of Rs. . . . . . . . . . . . . . eing !our fee in the aove is herewith forwarded.


Judge.

*o. $<

Commission to )aFe a &artition

>6. 92 R. $-?

>0itle?

0o

Whereas it is deemed reDuisite for the purposes of this suit that a commission should e issued to maFe thepartition or separation of the propert! specified in and according to the rights as declared in the decree ofthis Court dated the . . . . . . . . . da! of . . . . . . . $, . . . .; +ou are here! appointed Commissioner for thesaid purpose and are directed to maFe such inDuir! as ma! e necessar! to divide the said propert!according to the est of !our sFill and Gudgment in the shares set out in the said decree and to allot suh



shares to the several parties. +ou are here! authoried to award sums to e paid to an! part! ! an! otherpart! for the purpose of eDualiing the value of the shares.

&rocess to compel the attendance efore !ou of an! witness or for the production of an! documents whomor which !ou ma! desire to examine or inspect will e issued ! an! Court having Gurisdiction on !ourapplication.

A sum of Rs. . . . . . . . . . . . . . . eing !our fee in the aove is herewith forwarded.


Judge.

@4%4@*o. $$

*otice to Certificated *atural or =(de facto= 1uardian

>6rder 555(( Rule -?

>0itle?

0o

>CertificatedO*aturalOde facto1uardian?

Whereas an application has een presented on the part of the plaintiffOon ehalf of the minor defendant inthe aove suit for the appointment of a guardian for the suit for the minor defendant . . . . . . . . . . . . . . !ou>insert the name of the guardian appointed or declared ! Court or natural guardian or the person in whosecare the minor is? are here! reDuired to taFe notice that unless !ou appear efore this Court on or eforethe da! appointed for the hearing of the case and stated in the appended summons and express !ouconsent to act as guardian for the suit for the minor the Court will proceed to appoint some other person toact as a guardian for the minor for the purposes of the said suit.


Judge.

StriFe off the words which are not applicale.

*o. $$A

*otice to )inor 7efendant

>6rder 555(( Rule -?

>0itle?

0o

)inor 7efendant.

Whereas an application has een presented on the part of the plaintiff in the aove suit for the appointmentof . . . . . . . as guardian for the suit for !ou the minor defendant !ou are here! reDuired to taFe notice toappear in this Court in person on the . . . . . . . da! of . . . . . . . $, . . . . at . . . . . . . 6KclocF in the forenoon toshow cause against the application failing which the said application will e heard and determinedex parte.


Judge.


*o. $9

*otice to 6pposite &art! of 7a! :ixed for Hearing Evidence of &auperism

>6. -- R. 2?

>0itle?



0o

Whereas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has applied to this Court for permission to institute a suitagainst . . . . . . .in forma pauperis under 6rder 555((( of the Code of Civil &rocedure $,<%; and whereas theCourt sees no reason to reGect the application; and whereas the . . . . . . . . . da! of . . . . . . . $, . . . . has eenfixed for receiving such evidence as the applicant ma! adduce in proof of his pauperism and for hearing an!evidence which ma! e adduced in disproof thereof "

*otice is here! given to !ou under rule 2 of 6rder 555((( that in case !ou ma! wish to offer an! evidenaceto disprove the pauperism of the applicant !ou ma! do so on appearing in this Court on the said . . . . . . .da! of . . . . . . . $, . . . .

1iven under m! hand and the seal of the Court this . . . . . . . . . . . . . . . da! of . . . . . . . . . . . $, . . . .

Judge.

*o. $-

*otice to Suret! of his 'iailit! /nder a 7ecree

>Section $4?

>0itle?

0o

Whereas !ou . . . . . . . . . . . . . . did on . . . . . . . . . . . . . . ecome liale as suret! for the performance of an!decree which might e passed against the said . . . . . . . . . . . . . . defendant in the aove suit; and whereas adecree was passed on the . . . . . . . . . da! of . . . . . . . $, . . . . against the said defendant for the pa!ment of .. . . . . . . . and whereas application has een made for execution of the said decree against !ou "

0aFe notice that !ou are here! reDuired on or efore the . . . . . . . . . . . . . . . . . . . . . . . . da!of . . . . . .. . . . . . . $, . . . . . . . . . . . to show cause wh! the said decree should not e executed against !ouand if no sufficient cause shall e within the time specified shown to the satisfaction of the Court an orderfor its execution will e forthwith issued in the terms of the said application.

1iven under m! hand and the seal of the Court this . . . . . . . . . . . . . . . da! of . . . . . . . . . . $, . . . ..

Judge.

*o.$4

Register of Civil Suits

>6.4 R. 9?

Court of the . . . . . . . . . . . . . . . . .of. . . . . . . . . . . . . . at. . . . . . . . .

Register of Civil Suits in the !ear $,. . . . . . . .

7ate of presentation of plaintiff

*umer of suit

plaintiff

7efendant

Claim

Appearance

Judgment

Appeal

Execution

Return of Execution



*ame

7escription

&lace of residence

*ame

7escription

&lace of residence

&articulars

Amount of value

When the casue of acti<on accrued

7a! for parties to appear

&laintiff

7efendant

7ate

:or whom

:or what or amount

7ate of decision of appeal

Judgment in appeal

7ate of application

7ate of order

Against whom

:or what and amount if mone!

Amount of costs

Amount paid in Court

Arrested

)inute of other Return than &a!ment of Arrest and date to ever! Return

*oteIWhere there are numerous plaintiff or numerous defendants the name of the first plainfif onl! or thefirst defendant onl! as the case ma! e need e entered in the register.

*o. $

Register of Appeals

>6. 4$ R. ,?Court >or High Court? at

Register of Appeals from 7ecrees in the !ear. . . . . . . .

7ate of memorandum

*umer of appeal

Appellant

Respondent



7ecree appealed from

Appearance

Judgment

*ame

7escription

&lace of residence

*ame

7escription

&lace of residence

6f what court

&articulars

Amount or value

7a! for parties to appear

Appellant

Respondent

7ate

Confirmed reserved or varied

:or what or amount

0HE SEC6*7 SCHE7/'[email protected]. ! the Aritration Act $,4< >$< of $,4<?s. 4,>$?and 0hirdSch.

0HE 0H(R7 SCHE7/'E.I@Execution of 7ecrees ! Collectors.Rep. ! the Code of Civil &rocedure>Amendment?Act $,2 >22of $,2?s. $.

0HE :6/R0H SCHE7/'E.I@Enactments amended.Rep. ! the Repealing and Amending Act $,9 >4% of$,9?s. 9and Sch. (.

0HE :(:0H SCHE7/'E.I@Enactments repealed.Rep. ! the Second Repealing and Amending Act $,$4>$3of $,$4?s. -and Sch. ((.

0HE C67E 6: C(8(' &R6CE7/RE >A)E*7)E*0? AC0 $,32

>$<4 of $,32?

>Extracts?

CHA&0ER 8

RE&EA' A*7 SA8(*1S

,3. Repeal and savings.I>$? An! amendment made or an! provision inserted in the principal Act ! State'egislature or a High Court efore the commencement of this Act shall except in so far as such amendmentor provision is consistent with the provisions of the principal Act as amended ! this Act stand repealed.

>9? *otwithstanding that the provisions of this Act have come into force or the repeal under su#section >$?has taFen effect and without preGudice to the generalit! of the provisions of section 2 of the 1eneral Clauses

Act $%,3 >$< of $%,3?I

>a? the amendment made to clause >9? of section 9 of the principal Act ! section - of this Act shall not affectan! appeal against the determination of an! such Duestion as is referred to in section 43 and ever! suchappeal shall e dealt with as if the said section - had not come into force;



>? the provisions of section 9< of the principal Act as amended ! section 3 of this Act shall not appl! to oraffect an! suit pending immediatel! efore the commencement of the said section; and ever! such suit shalle tried as if the said section 3 had not come into force;

>c? the provisions of section 9< of the principal Act as amended ! section % of this Act shall not appl! to oraffect an! suit pending immediatel! efore the commencement of the said section %; and ever! such suitshall e tried as if the said section % had not come into force;

>d? the provisions of section 9 of the principal Act as sustituted ! section $$ of this Act shall not appl! toor affect an! suit appeal or other proceeding wherein an! report has een made under the provisions ofsection 9 efore the commencement of the said section $$; and ever! such suit appeal or other proceedingshall e tried as if the said section $$ had not come into force;

>e? the provisions section -4 of the principal Act as amended ! section $- of this Act shall not affect therate at which interest ma! e allowed on a decree in an! suit instituted efore the commencement of the saidsection $- and interest on a decree passed in such suit shall e ordered in accordance with the provisions ofSection -4 as the! stood efore the commencement of the said section $- as if the said section $- had notcome into force;

>f? the provisions of section -A of the principal Act as amended ! section $4 of this Act shall not appl! toor affect an! proceedings for revision pending immediatel! efore the commencement of the said section$4; and ever! such proceedings shall e dealt with and disposed of as if the said section $4 had not come

into force;>g? the provisions of section 2< of the principal Act as amended ! section 9- of this Act shall not appl! toan! attachment made efore the commencement of the said section 9-;

>h? the amendment of section %< of the principal Act ! section 93 of this Act shall not appl! to or affect an!suit instituted efore the commencement of the said section 93; and ever! such suit shall e dealt with as ifsection %< had not een amended ! the said section 93;

>i? the provisions of section %9 of the principal Act as amended ! section 9% of this Act shall not appl! to oraffect an! decree passed against the /nion of (ndia or a State or as the case ma! e a pulic officer eforethe commencement of the said section 9% or to the execution of an! such decree; and ever! such decree orexecution shall e dealt with as if the said section 9% had not come into force;

>G? the provisions of section ,$ of the principal Act as amended ! section -< of this Act shall not appl! to or

affect an! suit appeal or proceeding instituted or filed efore the commencement of the said section -<; andever! such suit appeal or proceeding shall e disposed of as if the said section -< had not come into force;

>F? the provisions of section ,9 of the principal Act as amended ! section -$ of this Act shall not appl! to or affect an! suit appeal or proceeding instituted or filed efore the commencement of the said section -$; andever! such suit appeal or proceeding shall e disposed of as if the said section -$ had not come into force;

>l? the provisions of section ,2 of the principal Act as amended ! section -- of this Act shall not appl! to oraffect an! appeal against the decree passed in an! suit instituted efore the commencement of the saidsection --; and ever! such suit appeal or proceeding shall e disposed of as if the said section -- had notcome into force;

>m? the provisions of section $<< of the principal Act as sustituted ! section -3 of this Act shall not appl!to or affect an! appeal from an appellate decree or order which had een admitted efore the

commencement of the said section -3 after hearing under rule $$ of 6rder 5'(; and ever! such admittedappeal shall e dealt with as if the said section -3 had not come into force;

>n? section $<<A as inserted in the principal Act ! section -% of this Act shall not appl! to or affect an!appeal against the decision of a single Judge of a High Court under an! 'etters &atent which had eenadmitted efore the commencement of the said section -%; and ever! such admitted appeal shall edisposed of as if the said section -% had not come into force;

>o? the amendment of section $$ of the principal Act ! section 4- of this Act shall not appl! to or affect an!proceeding for revision which had een admitted after preliminar! hearing efore the commencement of thesaid section 4-; and ever! such proceeding for revision shall e disposed of as if the said section 4- had notcome into force;



>p? the provisions of section $4$ of the principal Act as amended ! section 43 of this Act shall not appl! toor affect an! proceeding which is pending immediatel! efore the commencement of the said section 43; andever! such proceeding shall e dealt with as if the said section 43 had not come into force;

>D? the provisions of rules -$ -9 4%A 3 to , ,< and ,3 to $<- of 6rder 55( of the :irst Schedule asamended or as the case ma! e sustituted or inserted ! section 39 of this Act shall not appl! to or affectI

>i? an! attachment susisting immediatel! efore the commencement of the said section 39 or

>ii? an! suit instituted efore such commencement under rule 2- aforesaid to estalish right to attachedpropert! or under rule $<- aforesaid to estalish possession or

>iii? an! proceeding to set aside the sale of an! immovale propert!

and ever! such attachment suit or proceeding shall e continued as if the said section 39 had not come intoforce;

>r? the provisions of rule 4 of 6rder 55(( of the :irst Schedule as sustituted ! section 3- of this Act shallnot appl! to an! order of aatement made efore the commencement of the said section 3-;

>s? the amendment as well as sustitution made in 6rder 55((( of the :irst Schedule ! section 34 of this Act shall not appl! to an! suit or proceeding pending efore the commencement fo the said section 34;

>t? the provisions of rules A and = of 6rder 558(( as inserted ! section 32 of this Act shall not appl! to

an! suit pending immediatel! efore the commencement of the said section 32 against the 1overnment oran! pulic officer; and ever! such suti shall e dealt with as if the said section 32 had come into force;

>u? the provisions of rules $A 9A and - of 6rder 558((A as inserted or sustituted as the case ma! e !section 33 of this Act shall not appl! to or affect an! suit which is pending efore the commencement of thesaid section 33;

>v? rules 9A -A and $ of 6rder 555(( of the :irst Schedule as amended or as the case ma! e sustituted! section 3, of this Act shall not appl! to a suit pending at the commencement of the said section 3, andever! such suit shall e dealt with and disposed of as if the said section 3, had not come into force;

>w? the provisions of 6rder 555((( of the :irst Schedule as amended ! section %$ of this Act shall not appl!to or affect an! suit or proceeding pending efore the commencement of the said section %$ for permission tosue as a pauper; and ever! such suit or proceeding shall e dealt with and disposed of as if the said section

%$ had not come into force;

>x? the provisions of 6rder 5558(( of the :irst Schedule as amended ! section %4 of this Act shall notappl! to an! suit pending efore the commencement of the said section %4; and ever! such suit shall edealt with and disposed of as if the said section %4 had not come into force;

>!? the provisions of 6rder 555(5 of the :irst Schedule as amended ! section %2 of this Act shall not appl!to or affect an! inGunction susisting immediatel! efore the commencement of the said section %2; andever! suh inGunction and proceeding for dis#oedience of such inGunction shall e dealt with as if the saidsection %2 had not come into force;

>? the provisions of 6rder 5'( of the :irst Schedule as amended ! section %3 of this Act shall not appl! toor affect an! appeal pending immediatel! efore the commencement of the said section %3; and ever! suchappeal shall e disposed of as if the said section %3 had not come into force;

>a? the provisions of 6rder 5'(( of the :irst Schedule as amended ! section %% of this Act shall not appl!to or affect an! appeal from an appellate decree or order which had een admitted efore thecommencement of the said section %% after hearing under rule $$ of 6rder 5'(; and ever! such admittedappeal shall e dealt with as if the said section %% had not come into force;

>? the provisions of 6rder 5'((( of the :irst Schedule as amended ! section %, of this Act shall not appl!to an! appeal against an! order pending immediatel! efore the commencement of the said section %,; andever! such appeal shall e disposed of as if the said section %, had not come into force.

>-? Save as otherwise provided in su#section >9? the provisions of the principal Act as amended ! this Actshall appl! to ever! suit proceeding appeal or application pending at the commencement of this Act orinstituted or filed after such commencement notwithstanding the fact that the right or cause of action in



pursuance of which such suit proceeding appeal or application is instituted or filed had een acDuired orhad accrued efore such commencement.

################################################################################

@$ 6mitted ! Act *o. $, of $,%%.

@9 Sus. ! Act $<4 of $,32 Sec. ,- for a decree for the alance >w.e.f. $#9#$,33?.

@- (ns. ! Act *o. $<4 of $,32 >w.e.f. $#9#$,33?



################################################################################

@$. $. 0his Act has een amended in its application to Assam ! Assam Act 9 of $,4$ and % of $,-; to 0amil*adu ! )adras Act -4 of $,< )adras A.6. $,< and 0amil *adu Act $ of $,3<; to &unGa ! &unGa Act3 of$,-4; to /ttar &radesh ! /.&. Act 4 of $,9 - of $,4% 94 of $,4 $3 of $,3< 3 of $,32 and -$ of$,3%; to BarnataFa ! )!sore Act $4 of $,; to Berala ! Berala Act $- of $,3; to RaGasthan ! RaGasthan

Act $, of $,%; to )aharashtra ! )aharashtra Acts 99 of $,3<; (t has een extended to =erar ! the =earar 'aws Act $,4$ >4 of $,4$? and ! notification under Secs and A of the Schedule 7istricts Acts $%34 >$4of $%34? also to the following Schedule 7istricts"I

>$? 0he 7istrict of Jalpaiguri Cachar >edcluding the *orth Cachar Hills? 1oalpara >including the Easter7uars? Bamrup 7arrang *owgong >excluding the *orth Cachar Hills? CoalFpara >including the Eastern7urs? Bamrup 7arrange *owgong >excluding the )iFir Hill 0racts? Sisagar >excluding the )iFir Hill0racts? and 'aFhimpur >excluding the 7irugarh :rontier 0ract?. 1aette of (ndia $,<, &t. ( p. and iid$,$4 &t. ( p. $2,<.

>9? 0he 7istirct of 7arGeeling and the 7istrict of Haariagh Ranchi &alamua and )anhum in Chota*agpur"

Calcutta 1aette $,<, &t. ( p.9 and 1aette of (ndia $,<, &t. ( p.--.

>-? 0he province of Bumaon and 1arhwal and the 0arai &araganas >with modification? " /.&. 1aette $,<,

&t. ( p. - and 1aette of (ndia $,<, &t ( p. -$.

>4? 0he &argana of Jaunsar.=awar in 7ehra 7un and the Scheduled portion of the )irapur 7istrict " /.&.1aette $,<,. &t. ( p.4 and 1aette of (nida $,<, &t ( p. -9.

>? Coorg" 1aette of (ndia $,<, &t ( p.-9.

>2? Scheduled 7istricts in the &unGa" 1aette of (ndia &t. ( p.--.

>3? Section -2 to 4- to all the Scheduled 7istricts in )adras" 1aette of (ndia $,<, &t. ( p. $9.

>%? Scheduled 7istricts in the C.&. except so much as is alread! in force and so much as authories theattachment and sale of immovale propert! in execution of a decree not eing a decree directing the sale ofsuch propert!"

1aette of (ndia $,<, &t. ( p.9-,.

>,? Anmer.)erwara except Section $ and $ to $%" 1aette of (ndia $,<, &t. (( p. 4%<.

>$<? &argana 7halhum the )unicipalit! of Chaiassa in the Bolhan and the &orahat Estate in the 7istrict of SinghGum" Calcutta 1aette $,<, &t. ( p. 4- and 1aette of (ndia $,<, &t. ((. p. 44-.



/nder Sect ->-? >a? of the Sonthal &arganas Settlement Regulation >- of $%39? Secs. -% to 49 and $2 andrules 4 to , in 6rder 55( in the :irst Schedule have een declared to e in force in the Sonthal &arganas andthe rest of the Code for the trial of suits referred to in Section $< of the Sonthal &arganas Justice Regulation$%,- > of $%,-? " see Calcutta 1aette $,<, &t. ( p. 4.

(t has een declared to e in force in &anth &iploda ! the &anth &iploda 'aws Regulation $,9, >$ of $,9,?Sec. 9; in the Bhondmals 7istrict ! the Bhondmals 'aws Regulation $,-2 >4 of $,-2? Sec. - and Sch. Andin the Angul district ! the Angul 'aws Regulation $,-2 > of $,-2? Sec. - and Sch.

(t has een extended to the 7istricts of Boraput and 1angam Agenc! ! 6rissa Regulation > of $,$? Sec.9.

(t has een extended to the State of )anipur >w.e.f. $.$.$,3? ! Act -< of $,< s. - to the whole of the/nion territor! of 'aFshadweep >w.e.f. $.$<.$,23? ! Regulation % of $,2 Sec. - and Sch.; to 1oa 7amanand 7iu >w.e.f. $.2.$,22? ! Act -< of $,2 Sec. -; to 7adra and *agar Haveli >w.e.f. $.3.$,2? ! Reg. 2of $,2- Sec. 9 and Sch. ( and to the State of SiFFim >w.e.f. $.,.$,%4? vide *otification *o. S.6. ,, >E?dated $-.%.$,%4.

@9 Sus. ! Act *o. $<4 of $,32 Sec. 9 for su#section >-? >w.e.f. $.9. $,33?.

@- 0he words and figures Section 43 or omitted ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@4 Sus. ! Act *o. $<4 of $,32 for (ndian Civil Service >w.e.f. $.9.$,33?.

@ Sus. ! Act *o. $<4 of $,32 for 33 and $ to $% >w.e.f. $.9.$,33?.

@2 Explanation renumered as Explanation ( thereof ! Act *o. $<4 of $,32 Sec. >w.e.f. $.9.$,33?.

@3 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@% (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@, Explanation ( omitted ! Act *o. $<4 of $,32 >w.e.f. $.9. $,33?.

@$< Sus. Act *o. $<4 of $,32 for Explanation (( >w.e.f. $.9. $,33?.

@$$ Section 9$ renumered as su#section >$? thereof ! Act *o. $<4 of $,32 >w.e.f $.9.$,33?.

@$9 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$- (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$4 Sus. ! Act *o. $<4 of $,32 for thereafter tries such suit >w.e.f. $.9.$,33?.

@$ Sus. ! Act *o. $<4 of $,32 for su#section >-? >w.e.f.$.9. $,33?.

@$2 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$3 Sus. ! Act *o. $<4 of $,32 for s. 9 >w.e.f. $.9. $,33?.

@$% (ns. ! Act *o. $<4 of $,32 >w.e.f. $..$,33?.

@$, Added ! Act *o. $<4 of $,32 >w.e.f. $.3.$,33?.

@9< Sus. ! Act *o. $<4 of $,32 for excluding an appeal >w.e.f. $.9.$,33?.

@9$ Sus. ! Act *o. $<4 of $,32 for one thousand rupees >w.e.f. $.9.$,33?.

@99 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@9- Sus. ! Act *o. $<4 of $,32 for s. -2 >w.e.f. $.9.$,33?.

@94 (ns. ! Act *o. $<4 of $,32 s. $%. >w.e.f. $.9.$,33?.

@9 Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@92 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@93 Sectin 49 renumered as su#sectin>$? hereof Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.



@9% (ns. ! Act *o. $<4 of $,32 >w.e.f. $#9#$,33?

@9, Su#section >9? omitted ! Act *o. $<4 of $,32 >w.e.f. $.9. $,33?.

@-< Sus. ! Act *o. $<4 of $,32 for the former Explanation >w.e.f. $.9.$,33?.

@-$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-9 Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@-- Sus. ! Act *o. $<4 of $,32 for cl. >? >w.e.f. $.9.$,33?.

@-4 Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@- (ns. ! Act *o. $<4 of $,32 s. 99 >w.e.f. $.9.$,33?.

@-2 :or amendments to s. 2< in its application to East &unGa see the &unGa Relief of (ndetedness Act$,-4 >&un. Act 3 of $,-4? s. - as amended ! &un. acts *o $9 of $,4< and 2 of $,49.

@-3 Sus. ! Act *o. $<4 of $,32 for an agriculturist >w.e.f. $.9.$,33?.

@-% (ns ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-, Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@4< Sus. ! Act *o. $<4 of $,32 for the proviso >w.e.f. $.9. $,33?.

@4$ Sus. ! Act *o. $<4 of $,32 for cl. >G? >w.e.f. $.9.$,33?.

@49 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@4- (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@44 Sus. ! Act *o. $<4 of $,32 for Explanation ( >w.e.f. $.9.$,33?.

@4 Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f.$.9. $,33?.

@42 Sus. ! Act *o. $<4 of $,32 for - >w.e.f. $.9.$,33?.

@43 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@4% (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.@4, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9. $,33?.

@< (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$ 6mitted ! Act *o. 4 of $,%% >w.e.f. $,..$,%%?.

@9 (ns. ! Act *o. 9< of $,%- >w.e.f. $.-.$,%4?.

@- (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@4 Sec. %< renumered as su#section >$? of that section ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@ Sus. ! Act *o. $<4 of $,32 for *o suit shall e institutedK >w.e.f. $.9.$,33?.

@2 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.@3 Sus. ! Act *o. $<4 of $,32 for su#section >$? >w.e.f. $.9.$,33?.

@% Sus. ! Act *o. $<4 of $,32 for such report >w.e.f. $.9.$,33?.

@, 0he words Ruler of a omitted ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@2< Sus. ! Act *o. $<4 of $,32 for a Ruler >w.e.f. $.9.$,33?.

@2$ Sus. ! Act *o. $<4 of $,32 for the Rule >w.e.f. $.9.$,33?.

@29 Sus. ! Act *o. $<4 of $,32 for the Rule >w.e.f. $.9.$,33?



@2- Sus. ! Act *o. $<4 of $,32 for him >w.e.f. $.9.$,33?.

@24 Sus. ! Act *o. $<4 of $,32 for himself >w.e.f. $. 9.$,33?.

@2 Sus. ! Act *o. $<4 of $,32 for him >w.e.f. $.9.$,33?

@22 Sus. ! Act *o. $<4 of $,32 for su#section >-? >w.e.f. $.9. $,33?.

@23 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@2% Cl. >a? re.lettered as cl. >aa? ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@2, Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@3< Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?

@3$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@39 Sus. ! Act *o. $<4 of $,32 for the former heading >w.e.f. $.9.$,33?.

@3- Sus. ! Act *o. $<4 of $,32 for su#section >$? >w.e.f. $.9.$,33?.

@34 Sus. ! Act *o. $<4 of $,32 for consent in writing of the Advocate.1eneral >w.e.f. $.9.$,33?.

@3 (ns. ! Act *o. $<4 of $,32 >w.e.f.$.9.$,33?.

@32 Sus. ! Act *o. $<4 of $,32 for expense or inGur! caused to him >w.e.f. $.9.$,33?.

@33 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@3% Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@3, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@%< (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@%$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@%9 Sus. ! Act *o. $<4 of $,32 for s. $<< >w.e.f. $.9. $,33?.

@%- (ns. ! Act *o. $<4 of $,32 for >w.e.f. $.9. $,33?.

@%4 Sus. ! Act *o. $<4 of $,32 for one thousand rupees >w.e.f. $.9.$,33?.

@% Sus. ! Act *o. $<4 of $,32 for s. $<- >w.e.f. $.9. $,33?.

@%2 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@%3 Certain words omitted ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@%% Sec. $$ re.numered as su#section >$? of that section ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@%, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@,< (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@,$ 0he word and omitted ! Act *o. -% of $,3%.

@,9 Cl. >d? omitted ! Act *o. -% of $,3%.

@,- Sus. ! Act *o. $<4 of $,32 for Chief Justice or Chief Judge >w.e.f.$.9.$,33?.

@,4 &roviso omitted ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@, Sus ! Act *o. $<4 of $,32 for Chief Justice or Chief Judge >w.e.f. $.9.$,33?.

@,2 Sus ! Act *o. $<4 of $,32 for Chief Justice or Chief Judge >w.e.f. $.9.$,33?.

@,3 Sus ! Act *o. $<4 of $,32 for Chief Justice or Chief Judge >w.e.f. $.9.$,33?.

@,% Su#section >9? omitted ! Act *o. 22 of $,22.



@,, Sus. ! Act *o. $<4 of $,32 for su#section >$? >w.e.f. $.9.$,33?.

@$<< (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$<$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$<9 Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@$<- Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@$<4 Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@$< (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$<2 Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?

@$<3 Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?

@$<% (ns. ! Act *o. $<4 of $,32 >w.e.f. $..$,33?.

@$<, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$$< Sus. ! Act *o. $<4 of $,32 for the former rule >w.e.f. $.9.$,33?.

@$$$ Sus. ! Act *o. $<4 of $,32 for the former rule >w.e.f. $.9.$,33?.

@$$9 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$$- Sus. ! Act *o. $<4 of $,32 for former rule >w.e.f. $.9.$,33?

@$$4 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$$2 See now the 'imitation Act $,2- >-2 of $,2-? s. 9$.

@$$3 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$$% Sus. ! Act *o. $<4 of $,32 for the suit>w.e.f. $.9.$,33?.

@$$, Sus. ! Act *o. $<4 of $,32 for rule 2 >w.e.f. $.9.$,33?.

@$9< Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@$9$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9. $,33?.

@$99 Sus. ! Act *o. $<4 of $,32 for su.rule >-? >w.e.f. $.9.$,33?.

@$9- Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@$94 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$9 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$92 Sus. ! Act *o. $<4 of $,32 for rule $ >w.e.f. $.9.$,33?.

@$93 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$9% (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$9, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$-< Sus. ! Act *o. $<4 of $,32 for resides in &aFistan >w.e.f. $.9.$,33?.

@$-$ Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@$-9 Sus. ! Act *o. $<4 of $,32 for rule 92 >w.e.f. $.9.$,33?.

@$-- Sus. ! Act *o. $<4 of $,32 for rule 9 >w.e.f. $.9.$,33?.

@$-4 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.



@$- Sus. ! Act *o. $<4 of $,32 for rule $2 >w.e.f. $.9.$,33?.

@$-2 Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@$-3 Added ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$-% Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@$-, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$4< 0his rule has een applied to suits for the recover! of rent under the Chota *agpur 0enanc! Act $,<%>=en. 2 of $,<%? s. 92.

@$4$ (ns. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?

@$49 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$4- (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$44 Added ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$4 Sus. ! Act *o. $<4 of $,32 for the former heading >w.e.f. $.9.$,33?.

@$42 Rule $ renumered as su.rule >$? of that rule ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$43 Certain words omitted ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$4% (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$4, Rule renumered as su.rule >$? of that rule ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$< (ns. ! Act *o. $<4 of $,32 >w.e.f.$.9.$,33?.

@$$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$9 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$- (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$4 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.@$2 Sus ! Act *o. $<4 of $,32 for certain words >w.e.f.$.9.$,33?.

@$3 Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@$% (ns ! Act *o. $<4 of $,32 >w.e.f.$.9.$,33?.

@$, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$2< Sus. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33? for the former proviso.

@$2$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$29 Sus. ! Act *o. $<4 of $,32 for three months >w.e.f.$.9.$,33?.

@$2- Sus. ! Act *o. $<4 of $,32 for clause >a? >w.e.f $.9. $,33?.@$24 Added ! Act *o. $<4 of $,32 >w.e.f.$.9.$,33?.

@$2 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$22 Su. ! Act *o. $<4 of $,32 for rule 9 >w.e.f.$.9.$,33?.


@$2% (ns. ! Act *o. $<4 of $,32 >w.e.f.$.9.$,33?.

@$2, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.



@$3< Rule 9$ renumered as su.rule >$? of that rule ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$3$ Sus. ! Act *o.$<4 of $,32 for an order ma! e made accordingl! >w.e.f. $.9.$,33?.

@$39 (ns. ! Act *o. $<4 of $,32 >w.e.f.$.9.$,33?.

@$3- Sus. ! Act *o. $<4 of $,32 for to admit an! document >w.e.f.$.9.$,33?.

@$34 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$3 Sus. ! Act *o. $<4 of $,32 for rule 2 >w.e.f.$.9.$,33?.

@$32 Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f.$.9.$,33?.


@$3% Rule 9 renumered as su.rule >$? of that rule ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$3, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$%< Sus ! Act *o. $<4 of $,32 for the proviso >w.e.f. $.9. $,33?.

@$%$ Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@$%9 Sus. ! Act *o. $<4 of $,32 for rule 9 >w.e.f. $.9.$,33?.

@$%- Rule 9 renumered as su.rule >$? of that rule ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$%4 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$% Sus. ! Act *o. $<4 of $,32 for rule $ >w.e.f. $.9.$,33?.

@$%2 Sus. ! Act *o. $<4 of $,32 for rule $A >w.e.f. $.9.$,33?.

@$%3 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$%% (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$%, Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@$,< Sus. ! Act *o. $<4 of $,32 for su.rule >$? >w.e.f. $.9.$,33?.

@$,$ Rule $9 renumered as su.rule >$? of that rule ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$,9 (ns ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$,- Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f.$.9.$,33?.

@$,4 Sus. ! Act *o. $<4 of $,32 for fift! >w.e.f.$.9.$,33?.

@$, Sus. ! Act *o. $<4 of $,32 for two hundred miles >w.e.f.$.9.$,33?.

@$,2 (ns. ! Act *o. $<4 of $,32 >w.e.f.$.9.$,33?.

@$,3 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@$,% Sus. ! Act *o. $<4 of $,32 for the previous proviso >w.e.f. $.9.$,33?.

@$,, (ns. ! Act *o. $<4 of $,32 >w.e.f.$.9. $,33?.

@9<< Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@9<$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@9<9 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@9<- Sus. ! Act *o. $<4 of $,32 for the former rule >w.e.f.$.9.$,33?.

@9<4 0he provisions of rules 2 3 % , $$ $- $4 $ and $2 so far as the! relate to the manner of taFingevidence are not applicale to the Chief Court of 6udh see the 6udh Courts Act $,9 >/.& 4 of $,9?.



@9< 0he provisions of rules 2 3 % , $$ $- $ and $2 so far as the! relate to the manner of taFingevidence are not applicale to the Chief Court of 6udh see the 6udh Courts Act $,9 >/.& 4 of $<9?.

@9<2 0he provisions of rules 2 3 % , $$ $- $ and $2 so far as the! relate to the manner of taFingevidence are not applicale to the Chief Court of 6udh see the 6udh Courts Act $,9 >/.& 4 of $<9?.

@9<3 0he provisions of rules 2 3 % , $$ $- $ and $2 so far as the! relate to the manner of taFingevidence are not applicale to the Chief Court of 6udh see the 6udh Courts Act $,9 >/.& 4 of $<9?.

@9<% (ns. ! Act *o.$<4 of $,32 >w.e.f. $.9.$,33?.

@9<, Sus. ! Act *o. $<4 of $,32 for rule , >w.e.f. $.9.$,33?.

@9$< 0he provisions of rules 2 3 % , $$ $- $4 $ and $2 so far as the! relate to the manner of taFingevidence are not applicale to the Chief Court of 6udh see the 6udh Courts Act $,9 >/.& 4 of $,9?.

@9$$ 0he provisions of rules 2 3 % , $$ $- $4 $ and $2 so far as the! relate to the manner of taFingevidence are not applicale to the Chief Court of 6udh see the 6udh Courts Act $,9 >/.& 4 of $,9?.

@9$9 Sus. ! Act *o. $<4 of $,32 for the former rule >w.e.f. $.9.$,33?.

@9$- 0he provisions of rule 2 3 % , $$ $- $4 $ and $2 so far as the! relate to the manner of taFingevidence are not applicale to the Chief Court of 6uth see the 6uth Courts Act $,9 >/.&. 4 of $,9?.

@9$4 0he provisions of rule 2 3 % , $$ $- $4 $ and $2 so far as the! relate to the manner of taFingevidence are not applicale to the Chief Court of 6uth see the 6uth Courts Act $,9 >/.&. 4 of $,9?.

@9$ 0he provisions of rule 2 3 % , $$ $- $4 $ and $2 so far as the! relate to the manner of taFingevidence are not applicale to the Chief Court of 6uth see the 6uth Courts Act $,9 >/.&. 4 of $,9?.

@9$2 0he provisions of rule 2 3 % , $$ $- $4 $ and $2 so far as the! relate to the manner of taFingevidence are not applicale to the Chief Court of 6uth see the 6uth Courts Act $,9 >/.&. 4 of $,9?.

@9$3 (ns. ! Act *o. $<4 of $,32 >w.e.f.$.9.$,33?.

@9$% (ns. ! Act *o. $<4 of $,32 >w.e.f.$.9.$,33?.

@9$, 0he provisions of rules $ - 4 and are not applicale to the Chief Court of 6udh; see the 6uth Court Act $,9 >/.&. 4 of $,9? s. $2>9?.

@99< Rule $ renumered as su.rule >$? of that rule ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@99$ (ns. ! Act *o. $<4 of $,32 >w.e.f $.9.$,33?.

@999 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@99- Sus. ! Act *o. $<4 of $,32 for A Judge ma! >w.e.f. $.9.$,33?.

@994 0he provisions of rules $ - 4 and are not applicale to the Chief Court of 6udh; see the 6udhCourts Act $,9 >/.&. 4 of $,9?.

@99 0he provisions of rules $ - 4 and are not applicale to the Chief Court of 6udh; see the 6udhCourts Act $,9 >/.&. 4 of $,9?.

@992 0he provisions of rules $ - 4 and are not applicale to the Chief of 6udh; see the 6uth Courts Act

$,9 >/.& 4 of $,9?.

@993 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@99% Sus. ! Act *o. $<4 of $,32 for names and descriptions of the parties >w.e.f. $.9. $,33?.

@99, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@9-< Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@9-$ Sus. ! Act *o. $<4 of $,32 for cl. >? >w.e.f. $.9. $,33?.

@9-9 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.



@9-- (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@9-4 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@9- (ns. ! Act *o. $<4 of $,32 >w.e.f.$.9.$,33?.

@9-2 (ns. ! Act *o. $<4 of $,32 >w.e.f $.9.$,33?.

@9-3 Sus. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@9-% Sus. ! Act *o. $<4 of $,32 s. 39 for certain words >w.e.f. $.9.$,33?.

@9-, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@94< (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@94$ (n the application of the Act to &unGa su.rule >-? has een repealed ! the &unGa Relief of(ndetedness Act $,-4 >&un. 3 of $,-4?.

@949 Sus. ! Act *o. $<4 of $,32 for rule >w.e.f. $.9.$,33?.

@94- Sus. ! Act *o. $<4 of $,32 for su.clause >ii? >w.e.f. $.9. $,33?.

@944 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@94 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9. $,33?.

@942 Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@943 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@94% Sus. ! Act *o. $<4 of $,32 for one !ear >w.e.f. $.9.$,33?.

@94, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@9< (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@9$ Sus. ! Act *o. $<4 of $,32 for one !ear >w.e.f. $.9.$,33Sus. ! Act *o. $<4 of $,32 for one !ear>w.e.f. $.9.$,33?.

@99 Sus. ! Act *o. $<4 of $,32 for one !ear >w.e.f. $.9.$,33Sus. ! Act *o. $<4 of $,32 for one !ear

>w.e.f. $.9.$,33?.

@9- (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@94 Sus. ! Act *o. -% of $,3% for the last preceding rule.

@9 Sus. ! Act *o. $<4 of $,32 s. 39 for su.rule >-? >w.e.f. $.9.$,33?.

@92 Sus. ! Act *o. $<4 of $,32 for the Court ma! reDuire >w.e.f. $.9.$,33?.

@93 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@9% (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@9, Sus ! Act *o. $<4 of $,32 for six months >w.e.f. $.9.$,33?.

@92< Sus ! Act *o. $<4 of $,32 for Six month >w.e.f. $.9.$,33?.

@92$ Sus. ! Act *o. $<4 of $,32 for one !ear >w.e.f. $.9.$,33?.

@929 Sus. ! Act *o. $<4 of $,32 for one !ear >w.e.f. $.9.$,33?.

@92- Sus. ! Act *o. $<4 of $,32 for su.rule >2? >w.e.f. $.9. $,33?.

@924 Rule 4$ renumered as su.rule >$? of that rule ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@92 Sus. ! Act *o. $<4 of $,32 for in the case of a corporation >w.e.f. $.9.$,33?.

@922 (ns. ! Act *o. $<4 of $,32.



@923 (ns. ! Act. *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@92% Ss. 42A to 42( (ns. ! Act. *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@92, (ns. ! Act. *o. $<4 of $,32 >w.e.f. $.9. $,33?.

@93< Sus. ! Act. *o. $<4 of $,32 for su.rule >-? >w.e.f. $.9.$,33?.

@93$ Sus. ! Act *o. $<4 of $,32 for Explanation >w.e.f. $. 9.$,33?.

@939 (ns. ! Act. *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@93- Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@934 (ns. ! Act. *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@93 Sus. ! Act. *o. $<4 of $,32 for su.clause >ii? >w.e.f. $. 9.$,33?.

@932 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@933 (ns. ! Act. *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@93% (ns. ! Act. *o. $<4 of $,32.

@93, Sus. ! Act $<4 of $,32 for rule 3 >w.e.f. $.9.$,33?.

@9%< Sus. ! Act. *o. $<4 of $,32 for the heading and rules % to 2- >w.e.f. $.9.$,33?.

@9%$ (ns. ! Act. *o. $<4 of $,32 >w.e.f $.9.$,33?.

@9%9 (ns. ! Act. *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@9%- Sus. ! Act. *o. $<4 of $,32 for thirt! da!s >w.e.f. $.9. $,33?.

@9%4 Sus. ! Act. *o. $<4 of $,32 for fifteen da!s >w.e.f. $.9.$,33?.

@9% Sus. ! Act. *o. $<4 of $,32 for seven >w.e.f. $.9.$,33?.

@9%2 (ns. ! Act. *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@9%3 Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@9%% Sus. ! Act *o. $<4 of $,32 for rule ,< >w.e.f. $.9.$,33?.

@9%, Added ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@9,< Sus. ! Act *o. $<4 of $,32 for the Court shall maFe an order setting aside the sale >w.e.f.$.9.$,33?.

@9,$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@9,9 Sus. ! Act *o. $<4 of $,32 for su.rule >9? >w.e.f. $.9.$,33?.

@9,- Sus. ! Act *o. $<4 of $,32 for rules ,% to $<- >w.e.f. $#9#$,33?

@9,4 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@9, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.@9,2 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,32?.

@9,3 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,32?.

@9,% See now the 'imitation Act $,2- >-2 of $,2-? s. 4 and .

@9,, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-<< (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,32?.

@-<$ Sus. s. ! Act *o. $<4 of $,32 for rule $ >w.e.f. $.9.$,32?.



@-<9 (ns. ! Act *o. $<4 of $,32 s. 34 >w.e.f. $.9.$,33?.

@-<- (ns. ! Act *o. $<4 of $,32 s. 34 >w.e.f. $.9.$,33?.

@-<4 Sus. ! for certain words >w.e.f. $.9.$,33?.

@-< (ns. ! Act *o. $<4 of $,32 s. 34 >w.e.f. $.9.$,32?.

@-<2 (ns. ! Act *o. $<4 of $,32 s. 34 >w.e.f. $.9.$,32?.

@-<3 (ns. ! Act $<4 of $,32 >w.e.f. $.9.$,33?

@-<% (ns. ! Act $<4 of $,32 >w.e.f. $.9.$,32?

@-<, Sus. ! Act *o. $<4 of $,32 for for the examination of >w.e.f. $.9. $,33?.

@-$< (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-$$ Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@-$9 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-$- (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-$4 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-$2 Sus. ! Act *o. $<4 of $,32 for $2 $3 and $% >w.e.f. $.9.$,33?.

@-$3 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,32?.

@-$% (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-$, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-9< (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-9$ Sus. ! Act *o. $<4 of $,32 for rule - >w.e.f. $.9. $,33?.

@-99 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-9- Sus. ! Act *o. $<4 of $,32 for the proviso >w.e.f. $.9.$,33?.

@-94 Sus. ! Act *o. $< of $,32 for rule % >w.e.f. $.9.$,33?.

@-9 Sus. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-92 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-93 (ns. ! Act $<4 *o. of $,32 >w.e.f. $.9.$,33?.

@-9% 0he words to the minor and omitted ! Act *o. $<4 of $,32.

@-9, 0he words to the minor and omitted ! Act *o. $<4 of $,32.

@--< Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $. 9.$,33?.

@--$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@--9 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@--- (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@--4 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-- (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@--2 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@--3 Sus. ! Act *o. $<4 of $,32 for rule $ >w.e.f. $.9.$,33?



@--% Sus. ! Act $<4 of $,32 for rule $2 >w.e.f. $.9.$,33?

@--, 6rder 555((A (ns. ! Sec. %< Act $<4 of $,32 for rule >w.e.f. $.9.$,33?

@-4< Sus. ! Act *o. $<4 of $,32 for Suits ! &aupers >w.e.f. $.9.$,33?.

@-4$ Sus. ! Act *o. $<4 of $,32 for pauper >w.e.f. $.9.$,33?.

@-49 Sus. ! Act *o. $<4 of $,32 for the former Explanation >w.e.f. $.9.$,33?.

@-4- (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-44 Sus. ! Act *o. $<4 of $,32 for pauper >w.e.f. $.9.$,33?

@-4 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-42 Sus. ! Act *o. $<4 of $,32 for pauper >w.e.f. $.9.$,33?.


@-4% Sus. ! Act *o. $<4 of $,32 for pauper >w.e.f. $.9.$,33?.

@-4, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-< (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-9 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-- Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9. $,33?.


@- (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.


@-3 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-% Sus. ! Act *o. $<4 of $,32 for pauper >w.e.f. $.9.$,33?.

@-, (ns. ! Act *o. $<4 of $,32 >w.e.f. $. 9.$,33?.

@-2< Sus. ! Act *o. $<4 of $,32 for pauper >w.e.f. $.9.$,33?.

@-2$ Sus. ! Act *o. $<4 of $,32 for pauper >w.e.f. $.9.$,33?.


@-2- Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9. $,33?.


@-2 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-22 Sus. ! Act. *o. $<4 of $,32 for pauper >w.e.f. $.9.$,33?.

@-23 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-2% Sus. ! Act *o. $<4 of $,32 for the last preceding rule >w.e.f. $.9.$,33?.

@-2, Sus. ! Act *o. $<4 of $,32 for the last preceeding rule >w.e.f. $.9.$,33?.

@-3< Sus. ! Act *o. $<4 of $,32 for on application ! him >w.e.f. $.9.$,33?.

@-3$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-39 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-3- Renumered as su.rule >$? of rule $ ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.



@-34 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-3 (ns. ! Act *o. of $<4 of $,32 >w.e.f. $.9.$,33?.

@-32 Sus. ! Act *o. $<4 of $,32 for 0he agreement >w.e.f. $.9.$,33?.

@-33 Sus. ! Act *o. $<4 of $,32 it was presented >w.e.f. $.9.$,33?.

@-3% (ns. ! Act *o $<4 of $,32 >w.e.f. $.9.$,33?.

@-3, Sus. ! Act *o. $<4 of $,32 for rule $ >w.e.f. $.9.$,33?.

@-%< Sus. ! Act *o. $<4 of $,32 for rule 9 >w.e.f. $.9.$,33?.

@-%$ Sus. ! Act *o. $<4 of $,32 for rule - >w.e.f. $.9.$,33?.

@-%9 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-%- Sus. ! Act *o. $<4 of $,32 for rule % >w.e.f. $.9.$,33?.

@-%4 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-% Sus. ! Act *o. $<4 of $,32 for defraud >w.e.f. $.9.$,33?.

@-%2 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-%3 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-%% Su.rules >-? and >4? omitted ! Act *o. $<4 of $,32 >w.e.f.$.9.$,33?.

@-%, (ns. ! Act *o. $<4 of $,32 >w.e.f.$#9#$,33?.

@-,< (ns. ! Act *o. $<4 of $,32 >w.e.f $.9.$,33?.

@-,$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-,9 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-,- 0he words after notice to the defendant omitted ! Act *o. $<4 of $,32 >w.e.f. $,33?.

@-,4 0he words after notice to the defendant omitted ! Act *o. $<4 of $,32 >w.e.f. $,33?.

@-, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-,2 (ns. ! Act *o. $<4 of $,32 >$.9.$,33?.

@-,3 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-,% (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@-,, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@4<< Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@4<$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@4<9 (ns. ! Act *o. $<4 of $,32 >w.e.f $.9.$,33?.

@4<- (ns. ! Act *o. $<4 of $,32 >w.e.f $.9.$,33?.

@4<4 (ns. ! Act *o. $<4 of $,32 >w.e.f $.9.$,33?.

@4< (ns. ! Act *o. $<4 of $,32 >w.e.f $.9.$,33?.

@4<2 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@4<3 Rule 9< re.numered as su.rule >$? ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@4<% (ns.! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@4<, Sus. ! Act *o. $<4 of $,32 for certain words >w.e.f. $.9.$,33?.



@4$< (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9. $,33?.

@4$$ (ns. ! Act *o. $<4 of $,32 >w.e.f. 9.9.$,33?.

@4$9 (ns. ! Act *o. $<4 of $,32 >$.9. $,33?.

@4$- (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@4$4 (ns. ! Act *o. $<4 of $,32 >w.e.f $.9.$,33?.

@4$ Rule -< re.numered as su.rule >$? of that rule ! Act *o. $<4 of $,32 >w.e.f. $.9. $,33?.

@4$2 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@4$3 Rule -< re#numered as su#rule >$? of that rule ! Act *o. $<4 of $,32 >w.e.f. $#9#$,33?.

@4$% (ns. ! Act *o. , of $,,9 s. 4 which under s. $>9? thereof ma! e rought into force in an! State !the State 1overnment on an specified date. 0he Act has een rought into force in =oma! =engal /.&.&unGa=ihar C.&. Assam 6rissa and 0amil *adu.

@4$, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,32?.

@49< (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@49$ Clauses >? omitted ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@499 Clauses >? >c? >g? >h? >m? >o?and >v? omitted ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@49- Clauses >? >c? >g? >h? >m? >o?and >v? omitted ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@494 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,32?.

@49 Clauses >m? >o? and >v? omitted ! s. %, iid. >w.e.f. $.9.$,33?.

@492 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@493 Clauses >? >c? >g? >h? >m? >o?and >v? omitted ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@49% (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@49, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@4-< Clauses >? >c? >g? >h? >m? >o?and >v? omitted ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@4-$ (ns. ! Act *o. $<4 of $,32 >w.e.f $.9.$,32?.

@4-9 Sus. ! Act *o. $<4 of $,32 for &A/&ER A&&EA'S >w.e.f. $.9.$,33?

@4-- Sus. ! Act $<4 of $,32 as pauper >w.e.f. $.9.$,32?

@4-4 Sus. ! Act $<4 of $,32 pauper and paupers respectivel! >w.e.f. $.9.$,32?

@4- Sus. ! Act $<4 of $,32 pauper and pauper respectivel! >w.e.f. $.9.$,33?

@4-2 Su#rule >9? 6mitted ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?

@4-3 Sus. ! Act. *o. $<4 of $,32 for rule 9 >w.e.f. $.9.$,33?

@4-% Rule 9 renumered as su#rule >$? of that rule ! Act *o. $<4 if $,32 >w.e.f. $#9#$,33?.

@4-, (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@44< Sus. ! Act *o. 4, of $,3- for su.rule >$?.

@44$ (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9. $,33?.

@449 Sus. ! Act *o. $<4 of $,32 for su. rule >$? w.e.f. $.9.$,33?.

@44- Sus. ! Act $<4 of $,32 Sec. ,- for paragraph 9 >w.e.f. $.9.$,33?.

@444 Added ! Act $<4 of $,32 Sec. ,- >w.e.f. $.9.$,33?.



@44 See now the 'imitation Act $,2- >-2 of $,2-?.

@442 See now the 'imitation Act $,2- >-2 of $,2-?.

@443 see now the 'imitation Act $,2- >-2 of $,2-?.

@44% See now the 'imitation Act $,2- >-2 of $,2-?.

@44, See now the (ndian Succession Act $,9 >-, of $,9?.

@4< See now the (ndian Succession Act $,9 >-2 of $,-2?.

@4$ Sus. ! Act $<4 of $,32 for certain words >w.e.f. $.9.$,33?.

@49 Sus. ! Act $<4 of $,32 for :orm *o. 4 >w.e.f. $.9.$,33?.

@4- Words not reDuired to e deleted.

@44 Words not reDuired to e deleted.




@4% Words not reDuired to e deleted.

@4, Words not reDuired to e deleted.

@42< Words not reDuired to e deleted.

@42$ Words not reDuired to e deleted.


@42- Words not reDuired to e deleted.





@42% Words not reDuired to e deleted.

@42, Words not reDuired to e deleted.

@43< Words not reDuired to e deleted.

@43$ Words not reDuired to e deleted.


@43- Here insert name of proper officer.

@434 Here insert name of proper officer.

@43 Here insert name of proper officer

@432 (f partial striFe out no and state to what extent.

@433 (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@43% 0he word annas omitted ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.

@43, (ns. ! Act $<4 of $,32 >w.e.f. $.9.$,33?.

@4%< (ns. ! Act *o. $<4 of $,32 >w.e.f. $.9.$,33?.



Documents

India Bare Acts