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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 Civil
Judicature; 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!; $,<,.
@9A@>-? (t extends to the whole of (ndia except#
>a? the State of Jammu and Bashmir;
>? the State of *agaland and the trial areas "
&rovided that the State 1overnment concerned ma!; ! notification in the 6fficial 1aCette; extend the
provisions of this Code or an! of them to the whole or part of the State of *agaland or such trial areas; as
the case ma! e; with such supplemental; incidental or conseDuential modifications as ma! e specified in
the notification.
Explanation#(n this clause; Etrial areasE means the territories which; immediatel! efore the 9$st da! of
Januar!; $,39 were included in the trial areas of Assam as referred to in paragraph 9< of the Sixth
Schedule to the Constitution.
>4? (n relation to the Amindivi (slands; and the East 1odavari; West 1odavari and 8isaFhapatnam Agencies
in the State of Andhra &radesh and the /nion territor! of 'aFshadweep; the application of this Code shall e
without preGudice to the application of an! rule or regulation for the time eing in force in such (slands;
Agencies or such /nion territor!; as the case ma! e; relating to the application of this Code.A
9. 7efinitions# (n this Act; unless there is an!thing repugnant in the suGect or context;#
>$? ECodeE includes rules;
>9? EdecreeE means the formal expression of an adGudication which; so far as regards the Court expressing it;
conclusivel! determines the rights of the parties with regard to all or an! of the matters in controvers! in the
suit and ma! e either preliminar! or final. (t shall e deemed to include the reGection of a plaint and the
determination of an! Duestion within @-AH H H 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 e
completel! disposed of. (t is final when such adGudication completel! disposes of the suit; it ma! e partl!
preliminar! and partl! final;
>-? Edecree#holderE means an! person in whose favour a decree has een passed or an order capale of
execution has een made;
>4? EdistrictE means the local limits of the Gurisdiction of a principal Civil Court of original Gurisdiction
>hereinafter called a E7istrict CourtE?; and includes the local limits of the ordinar! original civil Gurisdiction of a
High Court;
>.? Eforeign CourtE means a Court situate outside (ndia and not estalished or continued ! the authorit! of
the Central 1overnment;
>2? Eforeign GudgmentE means the Gudgment of a foreign Court;
>3? E1overnment &leaderE 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 under
the directions of the 1overnment &leader;
>3A? EHigh CourtE in relation to the Andaman and *icoar (slands; means the High Court in Calcutta;
>3=? E(ndiaE; except in sections $; 9,; 4-; 44; 44A; 3%; 3,; %9; %- and %3A; means the territor! of (ndia
excluding the State of Jammu and Bashmir;
>%? EJudgeE means the presiding officer of a Civil Court;
>,? EGudgmentE means the statement given ! the Gudge of the grounds of a decree or order;
>$<? EGudgment#detorE means an! person against whom a decree has een passed or an order capale of
execution has een made;
>$$? Elegal representativeE means a person who in law represents the estate of a deceased person; and
includes an! person who intermeddles with the estate of the deceased and where a part! sues or is sued in
a representative character the person on whom the estate devolves on the death of the part! so suing or
sued;
>$9? Emeans profitsE of propert! means those profits which the person in wrongful possession of such
propert! actuall! received or might with ordinar! diligence have received therefrom; together with interest on
such profits; ut shall not include profits due to improvements made ut the person in wrongful possession;
>$-? Emovale propert!E includes growing crops;
>$4? EorderE means the formal expression of an! decision of a Civil Court which is not a decree;
>$.? EpleaderE means an! person entitled to appear and plead for another in Court; and includes an
advocate; a vaFil and an attorne! of a High Court;
>$2? EprescriedE means prescried ! rules "
>$3? Epulic officerE means a person falling under an! of the following descriptions; namel!"#
>a? ever! Judge;
>? ever! memer of @4A@an All#(ndia ServiceA;
>c? ever! commissioned or gaCetted 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!; or
to execute an! Gudicial process; or to administer an! oath; or to interpret; or to preserve order; in the court;
and ever! person especiall! authoriCed ! 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 in
confinement;
>f? ever! officer of the 1overnment whose dut! it is; as such officer; to prevent offences to give information of
offences; 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 of
the 1overnment; or to maFe an! surve!; assessment or contract on ehalf of the 1overnment; or to execute
an! revenue process; or to investigate; or to report on; an! matter affecting the pecuniar! interests of the
1overnment; or to maFe; authenticate or Feep an! document relating to the pecuniar! interests of the
1overnment; or to prevent the infraction of an! law for the protection of the pecuniar! interests of the
1overnment; and
>h? ever! officer in the service or pa! of the 1overnment; or remunerated ! fees or commission for the
performance of an! pulic dut!;
>$%? ErulesE means rules and forms contained in the :irst Schedule or made under section $99 or section
$9.;
>$,? Eshare in a corporationE shall e deemed to include stocF; deenture stocF; deentures or onds; and
>9<? EsignedE; 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 Court;
and ever! Civil Court of a grade inferior to that of a 7istrict Court and ever! Court of Small Causes is
suordinate 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 deemed
to limit or otherwise affect an! special or local law now in force or an! special Gurisdiction or power conferred;
or 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 >$? nothing
in 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 such
land.
.. Application of the Code of Revenue Courts# >$? Where an! Revenue Courts are governed ! the
provisions of this Code in those matters of procedure upon which an! special enactment applicale to them
is silent; the State 1overnment ma!; ! notification in the 6fficial 1aCette; declare that an! portions of those
provisions 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? ERevenue CourtE in su#section >$? means a Court having Gurisdiction under an! local law to entertain
suits or other proceedings relating to the rent; revenue or profits of land used for agricultural purposes; ut
does not include a Civil Court having original Gurisdiction under this Code to tr! such suits or proceedings as
eing suits or proceedings of a civil nature.
2. &ecuniar! Gurisdiction# Save in so far as is otherwise expressl! provided; nothing herein contained shall
operate to give an! Court Gurisdiction over suits the amount or value of the suGect#matter of which exceeds
the 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; $,<.; or
to 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 cogniCance 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! authoriCe 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
@.A@33; $.3 and $.%A; and ! the &residenc! Small Cause Courts Act; $%%9; >$. of $%%9? the provisions in the
od! of this Code shall not extend to an! suit or proceedings in an! Court of Small Causes estalished in the
towns 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 to
time; ! notifications in the 6fficial 1aCette; direct that an! such provisions not inconsistent with the express
provisions of the &residenc! Small Cause Courts Act; $%%9; >$. of $%%9? and with such modifications and
adaptation 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 Cause
Courts 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 Eand in the Cit! of AhmedaadE shall e
inserted.
@1uGarat Act *o. 5(5 of $,2$A.
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.%.
-T(T& (.&/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++%.
59. -tay of suit /o Court shall proceed ith the trial of any suit in hich the "atter in issue is also directly and
substantially 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.
&xplanationThe pendency of a suit in a foreign Court does not preclude the Courts in 'ndia fro" trying a suit founded
on 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 *uestion
hether 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 any
la) 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 behalf
of 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 relief
respecting) 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 effect
and 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 jurisdiction
here 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 the
defendant 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.
69. 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 the
Court 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% #C C C C%
#59% #&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 ( and
re*uests ( to deliver the" to the &ast 'ndian Railay Co"pany. ( delivers the goods accordingly in Calcutta. ( "ay
sue = 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 non7
resident 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 the
earliest 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 of
a 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 one
of 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"e
(ppellate 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 as
frivolous 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.
>9. 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 return
of 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 >9 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) order
interest 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) the
rate 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+9 (8 of 59+9).
&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 of
the 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 all
necessary 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 #69%#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% or
exceeding 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 not
exceeding 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.
-T(T& (.&/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 court
finds 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 the
case1.
#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 as
ould) 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 provisions
relating 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 effect)
shall) 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 instance)
and
(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 of
the 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 personally
or3s 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 of
co"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.%
-T(T& (.&/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 its
ordinary 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+<%.
@9. 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 the
circu"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 89?
(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 89 of Brder FF'.%
-T(T& (.&/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 89.
(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 89 of Brder FF'.
(>) ( court passing an order in exercise of the poers specified in sub7section (6) shall send a copy there of to the court
hich 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+9%.
@>. &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 ithin
the 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 if
they 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 proceedings
under 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 a
0istrict 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? and
1superior 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 a
decree 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.
-T(T& (.&/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 thin3s
fit) 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 the
decree 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%C C C C
(>) 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.
#>9% #&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 be
dee"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 this
section.%
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 5st
January) 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.
89. 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 such
liability) 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) the
Court) 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) is
exe"pt fro" attach"ent in execution of the decree.
-T(T& (.&/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 legal
representative 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 the
sa"e "anner as if the decree had been against hi" personally.
8>. Hiability of ancestral property ,or the purposes of section 89 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 to
the 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 day)
and 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 he
has 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 her
reasonable 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 decree
otherise 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 the
satisfaction 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 this
Aart) 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 one
thousand 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 the
Court.
#>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
#>$%#$9. 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) debts)
shares 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 benefit)hether 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 decree
other than a decree for "aintenance.
#@9% #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) 5989 (@8 of 5989)) or the (r"y (ct) 5989 (@$ of
5989)) 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 to
control 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) under
any 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 hether
on 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 in
execution of decrees for rent of any such house) building) site or land.
-T(T& (.&/0.&/T-
(ndhra Aradesh 'n its application to (ndhra area of the -tate of (ndhra Aradesh in section $9(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 5989%
'n its application to hole of -tate of (.A. in proviso to sub7section (5) of section $9.
(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 $9 (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 $9(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)J) in &xplanation 6() the ords 1(333) inserted.((.A. (ct /o. 6@ of 59+9).
:ujarat (i) 'n section $9(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 $9 (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 $9 (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 paid
thereunder 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 $9(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 $9 (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) son)
daughter) 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 an
agriculturist and occupied by hi"4
Arovided that the protection afforded by this clause shall not extend to any property specifically charged ith the debt
sought 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 LagriculturistJ 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. 5959.
(8) &very "e"ber of a tribe notified as agricultural under the Aunjab (lienation of Hand (ct) 5999 and every "e"ber
of 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@9) $ of 59@$ and @@ of 59$9%.
Rajasthan (i) 'n clause (b) of section $9 (5) after the ord L(griculturistJ the ords Lhis "ilch cattle and those li3ely
to calve ithin to yearsJ shall be inserted.
(ii) after clause (3) of the proviso to section $9 (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 $9 (5)) clause (g) of the proviso after the ords Lstipends and gratuties alloed to the pensioners
of the :ovt. insert the ords 1or of a local authority1
#C.A.C. (.adras ("end"ent) (ct) 5989%.
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 $9(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 process
has 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 idhraing)
he "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 highest
grade) 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.
#89% #&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 private
transfer 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. AurchaserJs 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" the
ti"e hen the sale beco"es absolute.
$$. #85%#C C C C%
$+. Aoer for -tate :overn"ent to "a3e rules as to sales of land in execution of decrees for pay"ent of "oney (5)
The -tate :overn"ent "ay) by notification in the Bfficial :a!ette) "a3e rules for any local area i"posting conditions
in respect of the sale of any class of interests in land in execution of decrees for the pay"ent of "oney) here such
interests are so uncertain or under"ined as) in the opinion of the -tate :overn"ent to "a3e it i"possible to fix their
value.
(6) 2hen on the date on hich this Code ca"e into operation in any local area) any special rules as to sale of and in
execution of decrees ere in force therein) the -tate :overn"ent "ay) by notification in the Bfficial :a!ette) declare
such rules to be in force) or "ay by a li3e notification) "odify the sa"e.
&very notification issued in the exercise of the poers conferred by this sub7section shall set out the rules so continued
or "odified.
#86% #(>) &very rule "ade under this section shall be laid) as soon as "ay be after it is "ade) before the -tate
Hegislature.%
0elegation to Collector of poer to execute decrees against i""ovable property
$<.+6. Rep. by the Code of Civil Arocedure (("end"ent) (ct) 598$ ($$ 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 to
share 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 such
decrees) 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# PROCEEDIN(S
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 the
co""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.
<9. /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 the
district?
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 his
official 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 be
granted 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 the
appropriate authority specified in sub7section (5)) and
(b) the cause of action and the relief clai"ed by the plaintiff had been substantially indicated.%
-T(T& (.&/0.&/T-
.adhya Aradesh (i) (fter sub7section (>) of -ection <9 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 59(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 <9 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 public
service) 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 "onths
co"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 alien
friends) "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.CCCC#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 #$9%#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.
#+9%#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 or
special 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 be
sued 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) 5989? 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 "ay
institute 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# PROCEEDIN(S
(rbitration
<9. #(rbitration.% Rep. by the (rbitration (ct) 59@9 (59 of 59@9)) s. @9 and -ch. '''
-pecial case
99. 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 and
having 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 of
the 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<$> (69 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 a
charitable 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.%
-T(T& (.&/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"ent)
exercised also by the Collector or by such officer as the -tate :overn"ent "ay appoint in this behalf.
PART *I&S'PP#E$ENTA# PROCEEDIN(S
,4. Supplemental &roceedingsI (n order to prevent the ends of Gustice from eing; defeated the Court ma!;
if it is to prescried;I
>a? issue a warrant to arrest the defendant and ring him efore the Court to show cause wh! he should not
give securit! for his appearance; and if he fails to compl! with an! order for securit! commit him to the civil
prison;
>? direct the defendant to furnish securit! to produce an! propert! elonging to him and to place the same at
the 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 civil
prison 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 his
propert!;
>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! suit
in which an arrest or attachment has een effected or a temporar! inGunction granted under the last
preceding section;I
>a? it appears to the Court that such arrest; attachment or inGunction was applied for on insufficient grounds;
or
>? the suit of the plaintiff fails and it appears to the Court that there was no reasonale or proale grounds
for 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 to
the defendant for the @32A@expense or inGur! >including inGur! to reputation? caused to himA;
&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 arrest;
attachment 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 authoriCed 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.
@33A @>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 not
exceed three thousand rupees.A
,3. Appeal from final decree where no appeal from preliminar! decreeI Where an! part! aggrieved ! a
preliminar! decree passed after the commencement of this Code does not appeal from such decree; he shall
e 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 appealed
from; such decree shall e confirmed "
&rovided that where the =ench hearing the appeal is @3%A@composed of two or other even numer of Judges
elonging to a Court consisting of more Judges than those constituting the =enchA and the Judges
composing 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 point
shall e decided according to the opinion of the maGorit! >if an!? of the Judges who have heard the appeal
including those who first heard it.
>-? *othing in this section shall e deemed to alter or otherwise affect an! provision of the letters patent of
an! High Court.
,,. *o decree to e reversed or modified for error or irregularit! not affecting merits or GurisdictionI *o
decree shall e reversed or sustantiall! varied; nor shall an! case e remanded in appeal on account of an!
misGoinder @3,A@or non#GoinderA 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.
@%<A@&rovided that nothing in this section shall appl! to non#Goinder of a necessar! part!.A
@%$A@,,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 shall
e reversed or sustantiall! varied; on account of an! error; defect or irregularit! in an! proceeding relating to
such order; unless such error; defect or irregularit! has preGudiciall! affected the decision of the case.J
Appeals from appellate decrees
@%9A@$<<. 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 sustantial
Duestion 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 Duestion
of law involved in the appeal.
>4? Where the High Court is satisfied that a sustantial Duestion of law is involved in an! case; it shall
formulate that Duestion.
>.? 0he appeal shall e heard on the Duestion so formulated and the respondent shall; at the hearing of the
appeal; 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 to
hear; for reasons to e recorded; the appeal on an! other sustantial Duestion of law; not formulated ! it; if it
is satisfied that the case involves such Duestion.A
@%-A@$<<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 in
force; where an! appeal from an appellate decree or order is heard and decided ! a single Judge of a High
Court; no further appeal shall lie from the Gudgment; decision or order or such single Judge in such appeal or
from an! decree passed in such appeal.A
$<$. Second appeal on no other groundsI *o second appeal shall lie except on the ground mentioned in
section $<<.
$<9. *o second appeal in certain suitsI *o second appeal shall lie in an! suit of the nature cogniCale !
Courts of Small Causes; when the amount or value of the suGect#matter of the original suit does not exceed
@%4A@three thousand rupeesA.
@%.A@$<-. &ower of High Court to determine issues of factI (n an! second appeal; the High Court ma!; if the
evidence on the record is sufficient; determine an! issue necessar! for the disposal of the appeal;I
>a? which has not een determined ! the lower Appellate Court or oth ! the Court of first instance and the
lower Appellate Court; or
>? which has een wrongl! determined ! such Court or Courts reason of a decision on such Duestion of law
as is referred to in section $<<.A
Appeals from orders
$<4. 6rders from which appeal liesI >$? An appeal shall lie from the following orders; and save as otherwise
expressl! 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? omittedA
>ff? an order under section -.A;
@%2A @>ffa? an order under section ,$ or section ,9 refusing leave to institute a suit of the nature referred to in
section ,$ or section ,9; as the case ma! e;A
>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 the
civil 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 order;
or 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! error;
defect or irregularit! in an! order; affecting the decision of the case; ma! e set forth as ground of oGection
in the memorandum of appeal.
>9? *otwithstanding an!thing contained in su#section >$?; where an! part! aggrieved ! an order of remand
@%3AHHHHH from which an appeal lies does not appeal therefrom; he shall thereafter e precluded from
disputing its correctness.
$<2. What Courts to hear appealsI Where an appeal from an! order is allowed it shall lie to the Court to
which an appeal would lie from the decree in the suit in which such order was made; or where such order is
made ! 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 of
suits instituted therein.
$<%. &rocedure in appeals from appellate decrees and ordersI 0he provisions of this &art relating to
appeals 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 not
provided.
Appeals to the Supreme Court
$<,. When appeals lie to the Supreme CourtI SuGect to the provisions in Chapter (8 of &art 8 of the
Constitution and such rules as ma!; from time to time; e made ! the Supreme Court regarding appeals
from the Courts of (ndia; and to the provisions hereinafter contained; an appeal shall lie to the Supreme
Court from an! Gudgment; decree or final order in a civil proceeding of a High Court; if the High Court certifies
I
>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 mattersA Rep. ! the Code of Civil &rocedure >Amendment? Act; $,3- >4, of $,3-?.
$$$. @=ar of certain appealsA Rep. ! the A.6. $,.<.
$$$A. @Appeals to :ederal CourtA Rep. ! the :ederal Court Act; $,4$ >9$ of $,4$?.
$$9. SavingsI >$? *othing contained in this Code shall e deemedI
>a? to affect the powers of the Supreme Court under article $-2 or an! other provision of the Constitution; or
>? to interfere with an! rules made ! the Supreme Court; and for the time eing in force; for the
presentation of appeals to that Court; or their conduct efore that Court.
>9? *othing herein contained applies to an! matter of criminal or admiralt! or vice#admiralt! Gurisdiction or to
appeals from orders and decrees of &riCe Courts.
PART *III&RE+ERENCE, RE*IE, AND RE*ISION
$$-. Reference to High CourtI SuGect to such conditions and limitations as ma! e prescried; an! Court
ma! state a case and refer the same for the opinion of the High Court; and the High Court ma! maFe such
order 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; the
determination of which is necessar! for the disposal of the case; and is of opinion that such Act; 6rdinance;
Regulation or provision is invalid or inoperative; ut has not een so declared ! the High Court to which that
Court is suordinate or ! the Supreme Court; the Court shall state a case setting out its opinion and the
reasons therefor; and refer the same for the opinion of the High Court.
Explanation.I(n this section ERegulationE means an! Regulation of the =engal; =oma! or )adras Code or
Regulation as defined in the 1eneral Clauses Act; $%,3; >$< of $%,3? or in the 1eneral Clauses Act of a
State.
S0A0E A)E*7)E*0S
Andhra &radeshI (n the Explanation to section $$- after the words Ean! Regulation of the =engal; =oma!
or )adras CodeE insert the words Eor an! Regulation of the )adras Code in force; in the State of Andhra as it
existed immediatel! efore the $st *ov. $,.2E.
@Andhra Adoption of 'aws >Amendment? orders of $,.4 and $,.3A.
0amilnaduI (n the Explanation to section $$- after the words Ean! Regulation of the =engal; =oma! or
)adras CodeE insert the words Eor an! Regulation of the )adras Code in force in the territories specified in
Second Schedule to the Andhra &radesh and )adras >Alteration of =oundaries? Act; $,.,E
@)adras Added 0erritories Adaptation of 'aws 6rder; $,2$A.
/nion 0erritor! of &ondicherr!I Some as in 0amil *adu >Act *o. 4, of $,29?.
$$4. ReviewI SuGect as aforesaid; an! person considering himself aggrievedI
>a? ! a decree or order from which an appeal is allowed ! this Code; ut from which no appeal has een
preferred;
>? ! a decree or order from which no appeal is allowed ! this Court; or
>c? ! a decision on a reference from a Court of Small Causes; ma! appl! for a review of Gudgment to the
Court which passed the decree or made the order; and the Court ma! maFe such order thereon as it thinFs
fit.
$$.. RevisionI @%%A@>$?A 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 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 "
@%,A @&rovided that the High Court shall no; under this section; var! or reverse an! order made; or an! order
deciding 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 of
the 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.A
@,<A @>9? 0he High Court shall not; under this section; var! or reverse an! decree or order against which an
appeal lies either to the High Court or to an! Court suordinate thereto.
Explanation.I(n this section; the expression Ean! case which has een decidedE includes an! order made;
or an! order deciding an issue in the course of a suit or other proceeding.A
S0A0E A)E*7)E*0S
)adh!a &radeshI :or Section $$. of the principal Act; the following Section sustituted.
E$$.. Revision.I 0he High Court ma! call for the record of an! cases which has een decided ! an! Court
suordinate 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! order
deciding 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! disposed
of 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 appeal
lies either to the High Court or to an! court suordinate thereto.
Explanation.I (n this section; the expression Ean! case which has een decidedE includes an! order made;
or an! order deciding an issue in the course of a suit or other proceeding.
@).&. Act 4 of $,,4A.
6rissa.I (n its application to the State of 6rissa; for section $$.; sustitute the following"I
E$$.. Revision.I 0he High Court; in cases arising out of original suits or other proceedings of the value
exceeding 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! Court
suordinate to the High Court or the 7istrict Court; as the case ma! e; 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 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 proceedings; except where;
I
>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 Ean! case which has een decidedE includes an! order
deciding an issue in the course of a suit or other proceeding.E
@6rissa Act 92 of $,,$A.
/ttar &radesh.I (n its application to the State of /ttar &radesh; for section $$.; sustitute the following"I
E$$. Revision.I 0he High Court; in cases arising out of original suits or other proceedings of the value
exceeding 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 1aCette including such suits or other proceedings
instituted efore the date of commencement of the /.&. Civil 'aws >Amendment? Act; $,,$; or as the case
ma! e; the date of commencement of such notification and the 7istrict Court in an! other case; including a
case arising out of an original suit or other proceedings instituted efore such date; ma! call for the record of
an! case which has een decided ! an! Court suordinate to such High Court or 7istrict Court; as the case
ma! e; 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 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 where;I
>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 and
pass orders under this Section was pending immediatel! efore the relevant date of commencement referred
to aove; in the High Court; such Court shall proceed to dispose of the same.
Explanation.I (n this section; the expression Ean! case which has een decidedE includes an! order
deciding an issue in the course of a suit or other proceeding.E
@/.&. Acts -$ of $,3% and $3 of $,,$A
West =engalI After Section $$. of the Code the following section $$.A inserted"
E$$.A. 7istrict CourtKs powers of revisionI >$? A 7istrict Court ma! exercise all or an! of the power which
ma! e exercised ! the High Court under section $$..
>9? Where an! proceedings ! wa! of revision is commenced efore a 7istrict Court in pursuance of the
provision of su#section >$?; the provisions of section $$. shall; so for as ma! e; appl! to such proceeding
and references to the said section 2< the High Court shall e construed as reference to the 7istrict Court.
>-? Where an! proceeding for revision is commenced efore the 7istrict Court; the decision of the 7istrict
Court on such proceeding shall e final and no further proceeding ! wa! of revision shall e entertained !
the High Court or an! other Court.
>4? (f an! application for revision has een made ! an! part! either to the High Court under section $$. or to
the 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 this
section in respect of an! proceeding which ma! e transferred to it ! or under an! general or special order
of the 7istrict CourtE
@West =engal Act *o. $. of $,%%A.
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 a
Judicial Commissioner.
$$3. Application of Code to High Court.I Save as provided in this &art or in &art 5 or in rules; the provisions
of this Court shall appl! to such High Courts.
$$%. 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 of
the costs incurred in the suit can e ascertained ! taxation; the Court ma! order that the decree shall e
executed 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 amount
of the costs shall e ascertained ! taxation.
$$,. /nauthoriCed persons not to address CourtI *othing in this Code shall e deemed to authoriCe an!
person on ehalf of another to address the Court in the exercise of its original civil Gurisdiction; or to examine
witnesses; except where the Court shall have in the exercise of the power conferred ! its charter authoriCed
him so to do; or to interfere with the power of the High Court to maFe rules concerning advocates; vaFils and
attorne!s.
$9<. &rovisions not applicale to High Court in original civil GurisdictionI >$? 0he following provisions shall
not 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 the
od! 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 Judicial
Commissioner ma!; from time to time after previous pulication; maFe rules regulating their own procedure
and 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 Committee;
shall e constituted at the town which is the usual place of sitting of each of the High Courts referred to in
section $99.
>9? Each such Committee shall consist of the following persons; namel!I
>a? three Judges of the High Court estalished at the town at which such Committee is constituted; one of
whom at least has served as a 7istrict Judge or a 7ivisional Judge for three !ears;
>? two legal practitioners enrolled in that Court
>c? a Judge of a Civil Court suordinate to the High Court@,$AHHHHH
@,9AHHH
>-? 0he memers of each such Committee shall e appointed ! the @,-A@High CourtA; which shall also
nominate one of their numer to e &resident "
@,4AHHH
>4? Each memer of an! such Committee shall hold office for such period as ma! e prescried ! the @,.A
@High CourtA in this ehalf; and whenever an! memer retires; resigns; dies or ceases to reside in the State in
which the Committee was constituted or ecomes incapale of acting as a memer of the Committee; the
said @,2A@High CourtA 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 @,3A@High CourtA and
shall 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-.
E>a? three Gudges of the High Court estalished at the town at which such committee is constituted; provided
that the Chief Justice ma! appoint onl! two Gudges of the High Court on the Committee if the numer of
Judges of the High Court does not exceed threeE
@Assam Act *o. 8((( of $,.-A.
0amil *aduI (n section $9- su#section >9?.
>a? E(n clause >? for the words Ltwo legal practitionersK sustitute the words Lthree legal practitionersK.E
>? E6mit the words L)adrasK in clause >d?E.
@0amil *adu Act *o. $. of $,3<A.
$94. Committee to report to High Court.I Ever! Rule Committee shall maFe a report to the High Court
estalished at the town at which it is constituted on an! proposal to annul; alter or add to the rules in the :irst
Schedule or to maFe new rules; and efore maFing an! rules under section $99 the High Court shall taFe
such report into consideration.
$9.. &ower of other High Courts to maFe rulesI High Courts; other than the Courts specified in section $99;
ma! exercise the powers conferred ! that section in such manner and suGect to such conditions as the
State government ma! determine"
&rovided that an! such High Court ma!; after previous pulication; maFe a rule extending within the local
limits 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 the
previous approval of the 1overnment of the State in which the Court whose procedure the rules regulate is
situate 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 1aCette and shall
from the date of pulication or from such other date as ma! e specified have the same force and effect;
within the local limits of the Gurisdiction of the High Court which made them; as if the! had een contained in
the :irst Schedule.
$9%. )atters for which rules ma! provideI >$? Such rules shall e not inconsistent with the provisions in the
od! 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 rules
ma! 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! or
in an! specified areas; and the proof of such service;
>? the maintenance and custod!; while under attachment; of live#stocF and other movale propert!; the fees
pa!ale for such maintenance and custod!; the sale of such live#stocF and propert! and the proceeds of
such 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 and
sale of dets;
>e? procedure where the defendant claims to e entitled to contriution or indemnit! over against an! person
whether 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 ! the
defendant; 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 det
other 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; ! a
landlord against a tenant whose term has expired or has een dul! determined ! notice to Duit; or has
ecome 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 transaction
of the usiness of Civil Courts.
$9,. &ower of High Court to maFe rules as to their original Civil &rocedureI *otwithstanding an!thing in this
Code; an! High Court not eing the Court of a Judicial Commissioner ma! maFe such rules not inconsistent
with the 'etters &atent or order or other law estalishing it to regulate its own procedure in the exercise of its
original civil Gurisdiction as it shall thinF fit; and nothing herein contained shall affect the validit! of an! such
rules 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 eing
a High Court to which section $9, applies ma!; with the previous approval of the State 1overnment maFe
with respect to an! matter other than procedure an! rule which a High Court for a State might under article
993 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 $-< shall e pulished in
the 6fficial 1aCette and shall from the date of pulication or from such other date as ma! e specified have
the force of law.
PART )I&$ISCE##ANEO'S
$-9. Exemption of certain women from personal appearanceI >$?Women who; according to the customs
and 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 civil
process 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 personal
appearance 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.
@,%AHHH
>-? Where an! person claims the privilege of such exemption; and it is conseDuentl! necessar! to examine
him ! commission; he shall pa! the costs of that commission; unless the part! reDuiring his evidence pa!s
such costs.
$-4. Arrest other than in execution of decreeI 0he provisions of sections ..; .3 and ., shall appl!; so far as
ma! e; to all persons arrested under this Code.
$-.. Exemption from arrest under civil processI >$? *o Judge; )agistrate or other Gudicial officer shall e
liale 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 it
has such Gurisdiction; the parties thereto; their pleader; muFhtars; revenue#agents and recogniCed agents;
and their witnesses acting in oedience to a summons; shall e exempt from arrest under civil process other
than process issued ! such triunal for contempt of Court while going to or attending such triunal for the
purpose 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 order
for immediate execution or where such Gudgment#detor attends to show cause wh! he should not e
committed to person in execution of a decree.
$-.A. Exemption of memers of legislative odies from arrest and detention under civil processI @,,A@>$? *o
person 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
>i? either House of &arliament; or
>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
>i? either House of &arliament; or
>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 &arliament
or Houses of the State 'egislature; as the case ma! e;
and during the fort! da!s efore and after such meeting; sitting or conference.A
>9? A person released from detention under su#section >$?; shall; suGect the provisions; of the said su#
section;e liale to re#arrest and to the further detention to which he would have een liale if he had not
een released under the provisions of su#section >$?.
$-2. &rocedure where person to e arrested or propert! to e attached is outside districtI >$? Where an
application 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! is
situate 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 Court
within the local limits of whose Gurisdiction such person or propert! reside or is situate a cop! of the warrant
or 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 such
warrant or order of the arrest or attachment.
>-? 0he Court maFing an arrest under this section shall send the person arrested to the Court ! which the
warrant of arrest was issued; unless he shows cause to the satisfaction of the former Court wh! he should
not e sent to the later Court; or unless he furnishes sufficient securit! for his appearance efore the later
Court or for satisf!ing an! decree that ma! e passed against him ! that Court; in either of which cases the
Court 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 local
limits 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 proale
amount 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 as
if it were the 7istrict Court.
$-3. 'anguage of suordinate CourtsI >$? 0he language which; on the commencement of this Code; is the
language of an! Court suordinate to a High Court shall continue to e the language of such suordinate
Court until the State 1overnment otherwise directs.
>9? 0he State 1overnment ma! declare what shall e the language of an! such Court and in what character
applications 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 in
an! such Court; such writing ma! e in English; ut if an! part! or his pleader is unacDuainted with English a
tanslation into the language of the Court shall; at his reDuest; e supplied to him; and the Court shall maFe
such 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"
E>-? Wherever the code reDuires or allows an!thing other than the recording of evidence to e done in writing
in 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 and
the opposite part! shall have a cop! of such writing in Hindi.E
@RaG. Act *o. 3 of $,%-A.
/ttar &radeshI 0o section $-3 >-? insert the following proviso"
E&rovided that with effect from such date as the State 1overnment in consultation with the High Court ma! !
notification in the 1aCette appoint; the language of ever! Gudgment; decree or order passed on made ! such
courts or classes of courts suordinate to the High Court and in such classes of cases as ma! e specified
shall onl! e Hindi in 7evnagri Script with the international form of (ndian numeralsE.
>/.&. 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 1aCette; direct with respect to an! Judge specified in the notification; or falling
under a description set forth therein; that evidence in cases in which an appeal is allowed shall e taFen
down ! 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 open
Court.
S0A0E A)E*7)E*0S
Assam; *agaland; )eghala!a; 0ripura and )anipurI :or section $-%; sustitute the following section"I
E$-%. &ower of High Court to reDuire evidence to e record in English.I 0he High Court ma!; ! notification;
in the 6fficial 1aCette; direct with respect to an! Judge specified in the notification; or falling under a
description set forth therein that in cases in which an appeal is allowed; he shall taFe down; or cause to e
taFen down; the evidence in the English language and in the form and manner prescried.E
@Assam Act 9 of $,4$; State of *agaland Act 93 of $,29A.
$-,. 6ath on affidavit ! whom to e administeredI (n the case of an! affidavit under this CodeI
>a? an! Court or )agistrate; or
@$<<A @>aa? an! notar! appointed under the *otaries Act; $,.9 >.- of $,.9?; orA
>? 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"
E>? an! person appointed in this ehalf ! a High Court or ! a district court; orE
>ii? for clause >c? of section $-, sustitute"
E>c? an! person appointed in this ehalf ! such other court as the State 1ovt. ma!; ! general or special
order; empower in this ehalf.E
@/.&. Act *o. $$ of $,%$A.
$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; and
shall upon reDuest of either part! to such cause; summon to its assistance; in such manner as it ma! direct
or 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 the
Court ma! direct or as ma! e prescried.
$4$. )iscellaneous proceedingsI 0he procedure provided in this Code in regard to suit shall e followed; as
far as it can e made applicale; in all proceedings in an! Court of civil Gurisdiction.
@$<$A@Explanation.I(n this section; the expression EproceedingsE includes proceedings under 6rder (5; ut
does not include an! proceeding under article 992 of the Constitution.A
$49. 6rders and notices to e in writingI All orders and notices served on or given to an! person under the
provisions of this Code shall e in writing.
$4-. &ostageI &ostage; where chargeale on a notice; summons or letter issued under this Code and
forwarded ! 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 of
court#fees to e levied in lieu thereof.
$44. Application for restitutionI >$? Where and in so far as a decree or an order is @$<9A@varied or reversed in
an! appeal; revision or other proceedings or is set aside or modified in an! suit instituted for the purpose the
Court which passed the decree or orderA 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 the
position which the! would have occupied ut for such decree or order or @$<-A@such part thereof as has een
varied; reversed; set aside or modifiedA; and; for this purpose; the Court ma! maFe an! orders; including
orders for the refund of costs and for the pa!ment of interest; damages; compensation and mesne profits;
which are properl! @$<4A@conseDuential on such variation; reversal; setting aside or modification of the decree
or order.A
@$<.A @Explanation.I:or the purposes of su#section >$? the expression ECourt which passed the decree or
orderE shall e deemed to include;I
>a? where the decree or order has een varied or reversed in exercise of appellate or revisional Gurisdiction;
the Court of first instance;
>? where the decree or order has een set aside ! a separate suit; the Court of first instance which passed
such decree or order;
>c? where the Court of first instance has ceased to exist or has ceased to have Gurisdiction to execute; it; the
Court which; if the suit wherein the decree or order was passed were instituted at the time of maFing the
application for restitution under this section; would have Gurisdiction to tr! such suit.A
>9? *o suit shall e instituted for the purpose of otaining an! restitution or other relief which could e
otained ! application under su#section >$?.
S0A0E A)E*7)E*0S
/ttar &radeshI Sustitute the following for su#section >$? of section $44 of the Code"
E>$? Where and in so far as a decree or an order is varied or reversed in appeal; revision or otherwise; the
Court 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 which
the! 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 the
pa!ment of interest; damages; compensation and mesne profits; which are properl! conseDuential on such
variation or reversalE.
@/.&. Act *o. 94 of $,.4A.
$4.. Enforcement of liailit! of suret!I Where an! person @$<2A@has furnished securit! or given a guaranteeA
I
>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 an
order of the Court in an! suit or in an! proceeding conseDuent thereon;
@$<3A@the decree or order ma! e executed in the manner therein provided for the execution of decree;
namel! "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 "A
&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.;
E$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 an
order of the Court in an! suit or in an! proceeding ConseDuent there on;I the decree or order ma! e
executed 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 the
restitution of such propert! within the meaning of clause >?.E
@/.&. Act *o. 94 of $,.4A.
$42. &roceedings ! or against representativesI Save as otherwise provided ! this Code or ! an! law for
the time eing in force; where an! proceeding ma! e taFen or application made ! or against an! person
then the proceeding ma! e taFen or the application ma! e made ! or against an! person claiming under
him.
$43. Consent or agreement ! persons under disailit!I (n all suits to which an! person under disailit! is a
part!; an! consent or agreement; as to an! proceeding shall; if given or made with the express leave of the
Court ! 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! act
prescried or allowed ! this Code; the Court ma!; in its discretion; from time to time; enlarge such period;
even though the period originall! fixed or granted ma! gave expired.
@$<%A@$4%A. Right to lodge a caveatI >$? Where an application is expected to e made; or has een made;
in a suit or proceedings instituted; or aout to e instituted; in a Court; an! person claiming a right to appear
efore 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 post;
acFnowledgement due; on the person ! whom the application has een or is expected to e; made; under
su#section >$?.
>-? Where; after a caveat has een lodged under su#section >$?; an! application is filed in an! suit or
proceeding; 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 at
the caveatorKs expense; with a cop! of the application made ! him and also with copies of an! paper or
document 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 the
expir! 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.A
$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 its
discretion; 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!ale;
shall 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 perform
the same duties as those respectivel! conferred and imposed ! or under this Code upon the Court from
which the usiness was so transferred.
$.$. Saving of inherent powers of CourtI *othing in this Code shall e deemed to limit or otherwise affect
the inherent power of the Court to maFe such orders as ma! e necessar! for the ends of Gustice or to
prevent ause of the process of the Court.
$.9. Amendment of Gudgments; decrees or ordersI Clerical or arithmetical mistaFes in Gudgments; decrees
or 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 it
ma! thinF fit; amend an! defect or error in an! proceeding in a suit; and all necessar! amendments shall e
made of the purpose of determining the real Duestion or issue raised ! or depending on such proceeding.
@$<,A@$.-A. &ower to amend decree or order where appeal is summaril! dismissed.I Where an Appellate
Court dismisses an appeal under rule $$ of 6rder 5'(; the power of the Court to amend; under section $.9;
the decree or order appealed against ma! e exercised ! the Court which had passed the decree or order
in the first instance; notwithstanding that the dismissal of the appeal has the effect of confirming the decree
or 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 the
purpose of tr!ing an! suit shall e deemed to e an open Court; to which the pulic generall! ma! have
access 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 remain
in; the room or uilding used ! Court.A
$.4. @Saving of present right of appealAI Rep. ! the Repealing and Amending Act; $,.9 >4% of $,.9?; s. 9
and Sch. (.
$... @Amendment of certain ActsAI Rep. ! the Repealing and Amending Act; $,.9 >4% of $,.9?; s. 9 and
Sch. (.
$.2. @RepealsAI 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 rules
made; places appointed; agreements filed; scales prescried; forms framed; appointments made and powers
conferred under Act % of $%., or under an! Code of Civil &rocedure or an! Act amending the same or under
an! other enactment here! repealed shall; so far as the! are consistent with this Code; have the same force
and effect is if the! had een respectivel! pulished; made; appointed; filed; prescried; framed and
conferred 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 or
notification 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 to
this Code or to its corresponding &art; 6rder; section or rule.
TD& CB0& B, C';'H ARBC&0ER&) 599<7TD& ,'R-T -CD&0EH&
BR0&R '7A(RT'&- B, -E'T-
#559%#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 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.%
-T(T& (.&/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) 5989) 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 trials
or "a3e such other order as "ay be expedient in the interests of justice.%
-T(T& (.&/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$9 (/o. 69 of 59$9) 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 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 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 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 having
the 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 plaintiffJs expense)
give 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 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 plaintiffJs 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) 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 la
hich 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 parties
actually before it4
#558%#Arovided that nothing in this rule shall apply to nonjoinder of a necessary party.%
59. -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 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"ended2here 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+%#59(. 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.
ORDERS
BR0&R '7A(RT'&- B, -E'T-
#559%#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 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.%
-T(T& (.&/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) 5989) 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 trials
or "a3e such other order as "ay be expedient in the interests of justice.%
-T(T& (.&/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$9 (/o. 69 of 59$9) 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 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 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 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 having
the 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 plaintiffJs expense)
give 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 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 plaintiffJs 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) 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 la
hich 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 parties
actually before it4
#558%#Arovided that nothing in this rule shall apply to nonjoinder of a necessary party.%
59. -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 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"ended2here 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+%#59(. 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. 5699. The rent for the hole of the years 5998) 599$ and 599+ is due and
unpaid. ( sues = in 599< only for the rent due for 599$. ( shall not afterards sue = for the rent due for 5998 or 599+.
-T(T& (.&/0.&/T-
Ettar Aradesh. 'n Brder '') Rule 6.
(a) the existing &xplanation shall be nu"bered as &xplanation ') and after &xplanation ') as so nu"bered the folloing
&xplanation '' shall be inserted) na"ely4
1&xplanation ''. ,or the purposes of this rule a clai" for eject"ent of the defendant fro" i""oable property let out
to hi" and a clai" for "oney due fro" hi" on account of rent or co"pensation for use and occupation of that property)
shall be dee"ed to be clai"s in respect of distinct causes of action14
(b) for the illustration) the folloing illustration shall be substituted) na"ely4
1'llustration. ( lets i""ovable property to = at a yearly rent. The rent for the hole of the years 5998) 599$ and 599+
is due and unpaid) and the tenancy is deter"ined before ( sues = in 599<) only for the rent due for 599$. ( "ay
afterards sue = for eject"ent but not for the rent due for 5998 or 599+1.
#E.A. (ct 8+ of 59+$%.
>. 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 in
the 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& RECO(NI/ED A(ENTS AND P#EADERS
$. Appearances; etc.; ma! e in person; ! recogniCed agent or ! pleaderI An! appearance; application or
act in or to an! Court; reDuired or authoriCed ! law to e made or done ! a part! in such Court; ma!;
except where otherwise expressl! provided ! an! law for the time eing in force; e made or done ! the
part! in person; or ! his recogniCed agent; or ! a pleader appearing; appl!ing or acting; as the case ma!
e; on his ehalf"
&rovide that an! such appearance shall; if the Court so directs; e made ! the part! in person.
9. RecogniCed agentI 0he recogniCed agent of parties ! whom such appearances; applications and acts
ma! e made or done areI
>a? persons holding powers#of#attorne!; authoriCing them to maFe and do such appearances; applications
and acts on ehalf of such parties;
>? persons carr!ing on trade or usiness for and in the names of parties not resident within the local limits of
the Gurisdiction of the Court within which limits the appearance; application or act is made or done; in matters
connected with such trade or usiness onl!; where no other agent is expressl! authoriCed to maFe and do
such appearances; applications and acts.
-. Service of process on recogniCed agentI >$? &rocess served on the recogniCed agent of a part! shall e
as 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 his
recogniCed agent.
4. Appointment of pleaderI >$? *o pleader shall act for an! person in an! Court; unless he has een
appointed for the purpose ! such person ! a document in writing signed ! such person or ! his
recogniCed agent or ! some other person dul! authoriCed ! or under a power#of#attorne! to maFe such
appointment.
>9? Ever! such appointment shall e @$9<A@filed in Court and shall; for the purposes of su#rule>$?; eA
deemed to e in force until determined with the leave of the Court ! a writing singed ! the client or the
pleader; 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.
@$9$A @Explanation.I:or the purposes of this su#rule; the following shall e deemed to e proceedings in
the suit;I
>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 order
made 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 produced
or filed in the suit or of otaining refund of mone!s paid into the Court in connection with the suit.A
@$99A @>-? *othing in su#rule >9? shall e construedI
>a? as extending; as etween the pleader and his client; the duration for which the pleader is engaged; or
>? as authorising service on the pleader of an! notice or document issued ! an! Court other than the Court
for which the pleader was engaged; except where such service was expressl! agreed to ! the client in the
document referred in in su#rule >$?A.
>4? 0he High Court ma!; ! general order; direct that; where the person ! whom a pleader is appointed is
unale to write his name; his marF upon the document appointing the pleader shall e attested ! such
person 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 authoriCed 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 @$9-A@An! process served on the pleader who has een dul! appointed to
act in Court for an! part!A or left at the office or ordinar! residence of such pleader; and whether the same is
for the personal appearance of the part! or not; shall e presumed to e dul! communicated and made
Fnown to the part! whom the pleader represents; and; unless the Court otherwise directs; shall e as
effectual for all purposes as if the same had een given to or served on the part! in person.
2. Agent to accept serviceI >$? =esides the recogniCed agents descried in rule 9 an! person residing within
the 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 and
shall e made ! a instrument in writing signed ! the principal; and such instrument or; if the appointment is
general; a certified cop! thereof shall e filed in Court.
@$94A @>-?0he Court ma!; at an! stage of the suit; order an! part! to the suit not having a recognised agent
residing within the Gurisdiction of the Court; or a pleader who has een dul! appointed to act in the Court on
his ehalf; to appoint; within a specified time; an agent residing within the Gurisdiction of the Court to accept
service of the procession his ehalf.A
ORDER I*&INSTIT'TION O+ S'ITS
$. Suit to e commenced ! plaintI >$? Ever! suit shall e instituted ! presenting a plaint to the Court or
such 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 to
the 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 e
inserted"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 same
Court; and the Court is of opinion that it is expedient in the interest of Gustice; it ma! ! order direct their Goint
trial; where upon all such suits and proceedings ma! e decided upon the evidence in all or an! of such suits
or proceedings.E.
@/.&. Act .3 of $,32A.
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 to
appear 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 the
plaint and admitted the plaintiffKs claim "
@$9.A@&rovided further that where a summons has een issued; the Court ma! direct the defendant to file the
written statement of his defence; if an!; on the date of his appearance and cause an entr! to e made to that
effect in the summons.A
>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 sealed
with the seal of the Court.
9. Cop! or statement annexed to summonsI Ever! summons shall e accompanied ! a cop! of the plaint
or; if so permitted; ! a concise statement.
-. Court ma! order defendant or plaintiff to appear in personI >$? where the Court sees reason to reDuire
the personal appearance of the defendant; the summons shall order him to appear in person in Court on the
da! therein specified.
>9? Where the Court sees reason to reDuire the personal appearance of the plaintiff on the same da!; it shall
maFe an order for such appearance.
4. *o part! to e ordered to appear in person unless resident with certain limitsI *o part! shall e ordered
to 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 or
other estalished pulic conve!ance for five#sixths of the distance etween the place where he resides and
the 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 of
issuing 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 of
the suit.
2. :ixing da! for appearance of defendantI 0he da! for the appearance of the defendant shall e fixed with
reference to the current usiness of the Court; the place of residence of the defendant and the time
necessar! for the service of the summons; and the da! shall e so fixed as to allow the defendant sufficient
time 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 and
answer shall order the defendant to produce all documents in his possession or power upon which he
intends to rel! in support of his case.
%. 6n issue of summons for final disposal; defendant to e directed to produce his witnessesI Where the
summons is for the final disposal of the suit; it shall also direct the defendant to produce; on the da! fixed for
his 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 Gurisdiction
of the Court in which the suit is instituted; or has an agent resident within that Gurisdiction who is empowered
to 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 he
is 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! thereof
signed ! 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 practicale
service shall e made on the defendant in person; unless he has an agent empowered to accept service; in
which case service on such agent shall e sufficient.
$-. Service on agent ! whom defendant carries on usinessI >$? (n a suit relating to an! usiness or worF
against a person who does not reside within the local limits of the Gurisdiction of the Court from which the
summons is issued; service on an! manager or agent; who; at the time of service; personall! carries on such
usiness 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 or
chartered.
$4. Service on agent in charge in suits for immovale propert!I Where in a suit to otain relief respecting;
or compensation for wrong to; immovale propert!; service cannot e made on the defendant in person; and
the defendant has no agent empowered to accept the service; it ma! e made on an! agent of the defendant
in charge of the propert!.
@$92A@$.. Where service ma! e on an adult memer of defendantKs famil!I Where in a suit the defendant is
asent from his residence at the time when the service of summons is sought to e effected on his at his
residence and there is no liFelihood of his eing found at the residence within a reasonale time and he has
no agent empowered to accept service of the summons on his ehalf service ma! e made on an! adult
memer 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.A
$2. &erson served to sign acFnowledgementI Where the serving officer delivers or tenders a cop! of the
summons to the defendant personall!; or to an agent or other person on his ehalf; he shall reDuire the
signature of the person to whom the cop! is so delivered or tendered to an acFnowledgement of service
endorsed on the original summons.
$3. &rocedure when defendant refuses to accept service; or cannot e foundI Where the defendant or his
agent or such other person as aforesaid refuses to sign the acFnowledgement; or where the serving officer;
after using all due and reasonale diligence; cannot find the defendant; @$93A@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 liFelihood
of his eing found at the residence within a reasonale timeA and there is no agent empowered to accept
service of the summons on his ehalf; nor an! other person on whom service can e made; the serving
officer shall affix a cop! of the summons on the outer door or some other conspicuous part of the house in
which the defendant ordinaril! resides or carries on usiness or personall! worFs for gain; and shall then
return the original to the Court from which it was issued; with a report endorsed thereon or annexed thereto
stating that he has so affixed the cop!; the circumstances under which he did do; and the name and address
of 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 the
summons has een served under rule $2; endorse or annex; or cause to e endorsed or annexed; on or to
the original summons; a return stating the time when and the manner in which the summons was served; and
the name and address of the person >if an!? identif!ing the person served and witnessing the deliver! or
tender of the summons.
$,. Examination of serving officer.I Where a summons is returned under rule $3; the Court shall; if the
return under that rule has not een verified ! the affidavit of the serving officer; and ma!; if it has een so
verified; examine the serving officer on oath; or cause him to e so examined ! another Court; touching his
proceedings; and ma! maFe such further enDuir! in the matter as it thinFs fit; and shall either declare that the
summons has een dul! served or order such service as it thinFs fit.
@$9%A@$,A. Simultaneous issue of summons for service ! post in addition to personal serviceI >$? 0he
Court shall; in addition to; and simultaneousl! with; the issue of summons for service in the manner provided
in rules , to $, >oth inclusive?; also direct the summons to e served ! registered post; acFnowledgement
due; addressed to the defendant; or his agent empowered to accept the service; at the place where the
defendant; or his agent; actuall! and voluntaril! resides or carries on usiness or personall! worFs for gain"
&rovided that nothing in this su#rule shall reDuire the Court to issue a summons for service ! registered
post; where; in the circumstances of the case; the Court considers it unnecessar!.
>9? When an acFnowledgement purporting to e signed ! the defendant or his agent is received ! the
Court or the postal article containing the summons is received acF ! the Court with an endorsement
purporting to have een made ! a postal emplo!ee to the effect that the defendant or his agent had refused
to taFe deliver! of the postal article containing the summons; when tendered to him; the Court issuing the
summons shall declare that the summons had een dul! served on the defendant "
&rovided that where the summons was properl! addressed; prepaid and dul! sent ! registered post;
acFnowledgement due; the declaration referred to in this su#rule shall e made notwithstanding the fact that
the acFnowledgement having lost or mislaid; or for other reason; has een received ! the Court within thirt!
da!s from the date of the issue of the summonsA.
9<. Sustituted serviceI >$? 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 summons
cannot 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 for
gain; or in such other manner as the Court thinFs fit.
@$9,A@>$A? Where the Court acting under su#rule >$? orders service ! an advertisement in a newspaper; the
newspaper shall e a dail! newspaper circulating in the localit! in which the defendant is last Fnown to have
actuall! and voluntaril! resided; carried on usiness or personall! worFed for gain.A
>9? Effect of sustituted serviceIService sustituted ! order of the Court shall e as effectual as if it had
een made on the defendant personall!.
>-? Where service sustituted; time for appearance to e fixedIWhere service is sustituted ! order of the
Court; the Court shall fix such time for the appearance of the defendant as the case ma! reDuire.
9<A. @Service of summons ! post.A Rep. ! the Code of Civil &rocedure >Amendment? Act; $,32 > $<4 of
$,32?; s. .. >w.e.f. $#9#$,33?.
9$. Service of summons where defendant resides within Gurisdiction of another CourtI A summons ma! sent
! the Court ! which it is issued; whether within or without the State; either ! one of its officers or ! post
to an! Court >not eing the High Court? having Gurisdiction in the place where the defendant resides.
99. Service within presidenc!#towns of summons issued ! Courts outsideI Where as summons issued !
an! Court estalished e!ond the limits of the towns of Calcutta; )adras and =oma! is to e served within
an! such limits; it shall e sent to the Court of Small Causes within whose Gurisdiction it is to e served.
9-. 7ut! of Court to which summons is sentI 0he Court to which a summons is sent under rule 9$ or rule 99
shall; upon receipt thereof; proceed as if it had een issued ! such Court and shall then return the
summons 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 e
delivered 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 communication
etween such place and the place where the Court is situate "
&rovided that where an! such defendant @$-<A@resides in =angladesh or &aFistanA the summons; together
with a cop! thereof; ma! e sent for service on the defendant; to an! Court in that countr! >not eing the
High Court? having Gurisdiction in the place where the defendant resides"
&rovided further that where an! such defendant is a pulic officer @$-$A@in =angladesh or &aFistan >not
elonging to the =angladesh or; as the case ma! e; &aFistan militar! naval or air forces?A or is servant of a
railwa! compan! or local authorit! in that countr!; the summons; together with a cop! thereof; ma! e sent
for service on the defendant; to such officer or authorit! in that countr! as the Central 1overnment ma!; !
notification in the 6fficial 1aCette; specif! in this ehalf.
@$-9A@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 een
appointed; or a Court has een estalished or continued; with power to serve a summons; issued ! a Court
under this code; in an! foreign territor! in which the defendant actuall! and voluntaril! resides; caries on
usiness or personall! worFs for gain; or
>? the Central 1overnment has; ! notification in the 6fficial 1aCette; declared; in respect of an! Court
situate in an! such territor! and not estalished or continued in the exercise of an! such Gurisdiction as
aforesaid; that service ! such Court of an! summons issued ! a Court under this Code shall e deemed to
e vaild service;
the summons ma! e sent to such &olitical Agent or Court; ! post; or otherwise; or if so directed ! the
Central 1overnment; through the )inistr! of that 1overnment dealing with foreign affairs; or in such other
manner as ma! e specified ! the Central 1overnment for the purpose of eing served upon the
defendant " 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 the
summons has een served on the defendant in the manner hereinefore directed; such endorsement shall
e 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 1aCette; declared in respect of an! foreign territor! that summonses to e served
on defendants actuall! and voluntaril! residing or carr!ing on usiness or personall! worFing for gain in that
foreign territor! ma! e sent to an officer of the 1overnment of the the foreign territor! specified ! the
Central 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 of
service.A
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 the
servant of a railwa! compan! or local authorit!; the Court ma!; if it appears to it that the summons ma! e
most convenientl! so served; send it for service on the defendant to the head of the office in which he is
ememplo!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 shall
send the summons for service to his commanding officer together with a cop! to e retained ! the
defendant.
9,. 7ut! of person to whom summons is delivered or sent for serviceI >$? Where a summons is delivered or
sent to an! person for service under rule 94; rule 93 or rule 9%; such person shall e ound to serve it if
possile and to return it under his signature; with the written acFnowledgement of the defendant; and such
signature shall e deemed to e evidence of service.
>9? Where from an! cause service is impossile; the summons shall e returned to the Court with a full
statement of such cause and of the steps taFen to procure service; and such statement shall e deemed to
e evidence of non#service.
-<. Sustitution of letter for summonsI >$? 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; where
the 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 summons;
and; 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 ! the
Court; or in an! other manner which the Court thinFs fit; and where the defendant has an agent empowered
to accept service; the letter ma! e delivered or sent to such agent.
ORDER *I&P#EADIN(S (ENERA##%
$. &leadingI E&leadingE; shall mean plaint or written statement.
@$--A@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 defnece
as 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!; each
allegation 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.A
-. :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 which
particulars ma! e necessar! e!ond such as are exemplified in the forms aforesaid; particulars >with dates
and 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
E4#A. &articulars of pleading for agricultural land.I (n an! suit or proceeding contemplated under rule -#= of
6rder $; the parties; other than the State 1overnment; shall plead the particulars of total agricultural land
which is owned; claimed or held ! them in an! right and shall further declare whether the suGect#matter of
suit 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!.E
@).&. Act 9, of $,%4A
.. :urther and etter statement; or particularsI A further and etter statement of the nature of the claim or
defence; or further and etter particulars of an! matter stated in an! pleading; ma! in all cases e ordered;
upon 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 e
contested; 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 the
case 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 contain
an! 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 opposite
part! shall e construed onl! as a denial in fact of the express contract alleged or of the matters of fact from
which 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 e
sufficient 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 out
the 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 e
sufficient to allege such notice as a fact; unless the form or the precise terms of such notice; or the
circumstances 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 e
implied from a series of letters or conversations or otherwise from a numer of circumstances it shall e
sufficient to allege such contract or relation as a fact; and to refer generall! to such letter; conversations or
circumstances without setting them out in detail. And if in such case the person so pleading desires to rel! in
the 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 law
presumes in his favour or as to which the urden of proof lies upon the other side unless the same has first
een specificall! denied >e.g. consideration for a ill of exchange where the plaintiff sues onl! on the ill and
not 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 the
pleading it ma! e signed ! an! person dul! authoriCed ! him to sign the same or to sue or defend on his
ehalf.
@$-4A@$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 Eregistered addressE of the
part!; 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 the
purpose of execution; and shall hold good; suGect as aforesaid; for a period of two !ears after the final
determination of the cause or matter.
>4? Service of an! process ma! e effected upon a part! at his registered address in all respects as though
such part! resided there at.
>.? Where the registered address of a part! is discovered ! the court to e incomplete; false or fictitious; the
Court 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 e
placed 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! e;
the defendant ma!; after furnishing his true address; appl! to the Court for an order to set aside the order of
sta! 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 at
the 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; if;
for an! reason; it thinFs fit to do so.A
$.. 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 person
proved 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 he
verifies 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 at
which it was signed.
@$-.A@$2. StriFing out pleadingsI 0he Court ma! at an! stage of the proceedings order to e strucF out or
amended 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.A
$3. Amendment of pleadingsI 0he Court ma! at an! stage of the proceedings allow either part! to alter or
amend his pleadings in such manner and on such terms as ma! e Gust; and all such amendments shall e
made as ma! e necessar! for the purpose of determining the real Duestions in controvers! etween the
parties.
$%. :ailure to amend after orderI (f a part! who has otained an order for leave to amend does not amend
accordingl! within the time limited for that purpose ! the order; or if no time is there! limited then within
fourteen da!s from the date of the order; he shall not e permitted to amend after the expiration of such
limited time as aforesaid or of such fourteen da!s; as the case ma! e; unless the time is extended ! the
Court.
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 or
relinDuished; and
>i? a statement of the value of the suGect#matter of the suit for the purposes of Gurisdiction and of court fees;
so far as the case admits.
9. (n mone! suitsI Where the plaintiff seeFs the recover! of mone!; the plaint shall state the precise amount
claimed"
=ut where the plaintiff sue for mesne profits; or for an amount which will e found due to him on taFing
unsettled accounts etween him and the defendant; @$-2A@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; the
plaint shall state approximatel! the amount or value sued forA.
-. Where the suGect#matter of the suit is immovale propert!I Where the suGect#matter of the suit is
immovale propert!; the plaint shall contain a description of the propert! sufficient to identif! it; and; in case
such propert! can e identified ! oundaries or numers in a record of settlement or surve!; the plaint shall
specif! such oundaries or numers.
4. When plaintiff sues as representativeI Where the plaintiff sues in a representative character the plaint
shall show not onl! that he has an actual existing interest in the suGect# matter; ut that he has taFen the
steps >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 e
interested 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 period
prescried ! the law of limitation; the plaint shall show the ground upon which exemption from such law is
claimed "
@$-3A @&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.A
3. Relief to e specificall! statedI Ever! plaint shall state specificall! the relief which the plaintiff claims
either 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 rule
shall 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 annex
thereto; a list of the documents >if an!? which he has produced along with it; and ; if the plaint is admitted
@$-%A@shall present; within such time as ma! e fixed ! the Court or extended ! it from time to time; as
man! copiesA 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 liFe
numer of concise statements of the nature of the claim made; or of the relief claimed in the suit; in which
case he shall present such statements.
@$-,A @>$A? 0he plaintiff shall; within the time fixed ! the Court or extended ! it under su#rule >$?; pa! the
reDuisite fee for the service of summons on the defendants.A
>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 the
plaint.
>4? 0he chief ministerial officer of the Court shall sign such list and copies or statements if; on examination;
he finds them to e correct.
@$4<A@$<. Return of plaintI >$? @$4$A@SuGect to the provisions of rule $<A; the plaint shallA at an! state of the
suit e returned to e presented to the Court in which the suit should have een instituted.
@$49A@Explanation.I: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.A
>9? procedure on returning plaintI6n returning a plaint; the Judge shall endorse thereon the date of its
presentation and return; the name of the part! presenting it; and a rief statement of the reasons for
returning it.
@$4-A@$<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 e
returned; 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 the
CourtI
>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 the
plaint and notwithstanding that the order for return of plaint was made ! it on the ground that it has no
Gurisdiction to tr! the suit;I
>a? fix a date for the appearance of the parties in the Court in which the plaint is proposed to e presented;
and
>? 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 the
defendant with a summons for appearance in the suit; unless that Court; for reasons to e recorded
otherwise directs; and
>? the said notice shall e deemed to e a summons for the appearance of the defendant in the Court in
which 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 shall
not 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 the
plaintiff ! an application so desires; while returning the plaint; direct plaintiff to file the plaint; suGect to the
provisions 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 a
date for the appearance of the parties in the Court in which the plaint is directed to e filed and when the
date is so fixed it shall not e necessar! for the Court in which the plaint is filed to serve the defendant with
the summons for appearance in the suit; unless that Court in which the plaint is filed; for reasons to e
recorded; otherwise directs.
>9? 0he direction made ! the Court under su#rule >$?; shall e without an! preGudice to the rights of the
parties to Duestion the Gurisdiction of the Court; in which the plaint is filed; to tr! the suit.A
$$. 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 the
valuation 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! stamped;
and 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 "
@$44A @&rovided that the time fixed ! the Court for the correction of the valuation or suppl!ing of the reDuisite
stamp#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 reDuisite
stamp#paper ; as the case ma! e; within the time fixed ! the Court and that refusal to extend such time
would cause grave inGustice to the plaintiff.A
$9. &rocedure on reGecting plaintI Where a plaint is reGected the Judge shall record an order to that effect
with 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 a
fresh 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 his
possession or power; he shall produce it in Court when the plaint is presented; and shall at the same time
deliver 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 power
or not? as evidence in support of his claim; he shall enter such documents in a list to e added or annexed to
the plaint.
$.. Statement in case of documents not in plaintiffKs possession or powerI Where an! such document is not
in 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 is
proved that the instrument is lost; and an indemnit! is given ! the plaintiff; to the satisfaction of the Court;
against the claims of an! other person upon such instrument; the Court ma! pass such decree as it would
have passed if the plaintiff had produced the instrument in Court when the plaint was presented; and had at
the 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 other
account in his possession or power the plaintiff shall produce the ooF or account at the time of filing the
plaint; 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; shall
forthwith 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 the
cop! to e filed.
$%. (nadmissiilit! of document not produced when plaint filedI >$? A document which ought to e produced
in Court ! the plaintiff when the plaint is presented; or to e entered in the list to e added or annexed to the
plaint; and which is not produced or entered accordingl!; shall not; without the leave of the Court; e received
in 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 or
in answer to an! case set up ! the defendant or handed to a witness merel! to refresh his memor!
ORDER *III& 011!20,RITTEN STATE$ENT, SET&O+ AND CO'NTER& C#AI$2
$. Written statementI @$42A@>$?A 0he defendant @$43AHHHHshall; at or efore the first hearing or within such
time as the Court ma! permit; present a written statement of his defence.
@$4%A @>9? Save as otherwise provided in rule %A; where the defendant relies on an! document >whether or
not in his possession or power? in support of his defence or claim for set#off or counter claim; he shall enter
such 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 ased
on a document in his possession or power; he shall produce it in Court at the time of presentation of the
written statement and shall at the same time deliver the document or cop! thereof to e filed with the written
statement;
>? (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; wherever
possile; 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 the
purpose 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 entered;
shall 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 plaintiffKs
witnesses 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 leave
shall e granted unless good cause is shown to the satisfaction of the Court for the non#entr! of the
document in the list referred to in su#rule >9?.A
9. *ew facts must e speciall! pleadedI 0he defendant must raise ! his pleading all matters which show
the suit not e maintainale; or that the transaction is either void or voidale in point of law; and all such
grounds of defence as; if not raised; would e liFel! to taFe the opposite part! ! surprise; or would raise
issues of fact not arising out of the plaint; as; for instance; fraud; limitation; release; pa!ment; performance;
or 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 of
which 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 not
e sufficient to den! that he received that particular amount; ut he must den! that he received that sum or
an! part thereof; or else set out how much he received. And if an allegation is made with diverse
circumstances; it shall not e sufficient to den! it along with those circumstances.
.. Specific denialI @$4,A@>$?A 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 admitted
except as against a person under disailit! "
&rovided that the Court ma! in it discretion reDuire an! fact so admitted to e proved otherwise than ! such
admission.
@$.<A @>9? Where the defendant has not filed a pleading; it shall e lawful for the Court to pronounce Gudgment
on the asis of the facts contained in the plaint; except as against a person under a disailit!; ut the Court
ma!; in its discretion; reDuire an! such fact to e proved.
>-? (n exercising its discretion under the proviso to su#rule >$? or under su#rule >9?; the Court shall have due
regard 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.A
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 fill
the same character as the! fill in the plaintiffKs suit; the defendant ma!; at the first hearing of the suit; ut not
afterwards unless permitted ! the Court; presents a written statement containing the particulars of the det
sought 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 to
enale the Court to pronounce a final Gudgment in respect oth of the original claim and of the set#off " ut
this shall not affect the lien; upon the amount decreed; of an! pleader in respect of the costs pa!ale to him
under the decree.
>-? 0he rules relating to a written statement ! a defendant appl! to a written statement in answer to a claim
of set#off.
(llustrations
>a? A eDueaths Rs. 9;<<< to = and appoints C his executor and residuar! legatee. = dies and 7 taFes out
administration to =Ks effect; C pa!s Rs. $;<<< as suret! for 7" then 7 sues C for the legac!. C cannot set#off
the 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 effects
from C. (n a suit for the purchase#mone! ! C against =; the latter cannot set#off the det against the price;
for C fills two different characters; one as the vendor to =; in which he sues =; and the other as
representative to A.
>c? A sues = on a ill of exchange. = alleges that A has wrongfull! neglected to insure =Ks goods and is liale
to 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 claims
eing 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 and
claims 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. $;<<<.
@$.$A@2A. Counter#claim ! defendantI >$? A defendant in a suit ma!; in addition to his right of pleading a
set#off under rule 2; set up; ! wa! of counter#claim against the claim of the plaintiff; an! right or claim in
respect of a cause of action accruing to the defendant against the plaintiff either efore or after the filing of
the suit ut efore the defendant has delivered his defence or efore the time limited for delivering his
defence 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 a
final 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 defendant
within 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 right
of 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 that
the 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 an
order that such counter#claim ma! e excluded; and the Court ma!; on the hearing of such application maFe
such 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 suit
of 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 the
counter#claim made ! the defendant; the Court ma! pronounce Gudgment against the plaintiff in relation to
the 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 is
estalished as defence against the plaintiffKs claim and an! alance is found due to the plaintiff or the
defendant; 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 defendant
shall appl! to a written statement filed in answer to a counter#claim.A
3. 7efence or set#off founder upon separate groundsI Where the defendant relies upon several distinct
grounds of defence or set#off @$.9A@or counter#claimA founded separate and distinct facts; the! shall e stated;
as far as ma! e; separatel! and distinctl!.
%. *ew ground of defenceI An! ground of defence which has arisen after the institution of the suit or the
presentation of a written statement claiming a set#off @$.-A@or counter#claimA ma! e raised ! the defendant
or plaintiff as the case ma! e; in his written statement.
@$.4A@%A. 7ut! of defendant to produce documents upon which relief is claimed ! himI >$?Where a
defendant ases his defence upon a document in his possession or power; he shall produce it in Court when
the 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 produced;
shall 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 produced;I
>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!A.
,. SuseDuent pleadingsI *o pleading suseDuent to the written statement of a defendant other than !
wa! of defence to a set#off @$..A@or counter#claimA shall e presented except ! the leave of the Court and
upon such terms as the Court thinFs fit; ut the Court ma! at an! time reDuire a written statement or
additional written statement from an! of the parties and fix a time for presenting the same.
$<. &rocedure when part! fails to present written statement called for ! CourtI Where an! part! from
whom a written statement @$.2A@is reDuired under rule $ or ,A fails to present the same within the time @$.3A
@permitted or fixed ! the Court; as the case ma! e; the Court shallA pronounce Gudgment against him or
maFe such order in relation to the suit as it thinFs fit @$.%A@and on the pronouncement of such Gudgment; a
decree shall e drawn up.A
ORDER I)& APPEARANCE O+ PARTIES AND CONSE3'ENCE O+ NON&APPEARANCE
$. &arties to appear on da! fixed in summons for defendant to appear and answerI 6n the da! fixed in the
summons for the defendant to appear and answer; the parties shall e in attendance at the Court#house in
person or ! their respective pleaders; and the suit shall then e heard unless the hearing is adGourned to a
future da! fixed ! the Court.
9. 7ismissal of suit where summons not served in conseDuence of plaintiffs failure to pa! costI Where on
the da! so fixed it is found that the summons has not een served upon the defendant in conseDuence of the
failure of the plaintiff to pa! the court#fee of postal charges >if an!? chargeale for such service; @$.,A@or to
present copies of the plaint or concise statements; as reDuired ! rule , of order 8((;A the Court ma! maFe an
order that the suit e dismissed "
@$2<A @&rovided that no such order shall e made; if; notwithstanding such failure the defendant attends in
person >or ! agent when he is allowed to appear ! agent? on the da! fixed for him to appear and answer.A
-. Where neither part! appears; suit to e dismissedI Where neither part! appears when the suit is called
on 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 or
rule -; the plaintiff ma! >suGect to the law of limitation? ring a fresh suit; or he ma! appl! for an order to set
the dismissal aside; and if he satisfies the Court that there was sufficient cause for @$2$A@such failure as is
referred to in rule 9A; or for his non#appearance; as the case ma! e; the Court shall maFe an order setting
aside 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 fresh
summonsI >$? Where after a summons has een issued to the defendant; or to one of several defendants;
and returned unserved the plaintiff fails; for a periods of @$29A@one monthA from the date of the return made to
the Court ! the officer ordinaril! certif!ing to the Court returns made ! the serving officers; to appl! for the
issue of a fresh summons the Court shall maFe an order that the suit e dismissed as against such
defendant; unless the plaintiff has within the said period satisfied the Court thatI
>a? he has failed after using his est endeavours to discover the residence of the defendant; who has not
een served; or
>? such defendant is avoiding service of process; or
>c? there is an! other sufficient cause for extending the time;
in which case the Court ma! extend the time for maFing such application for such period as it thinFs fit.A
>9? (n such case the plaintiff ma! >suGect to the law of limitation? ring a fresh suit.
2. &rocedure when onl! plaintiff appearsI >$? Where the plaintiff appears and the defendant does not
appear when the suit is called on for hearing; thenI
@$2-A @>a?A When summons dul! servedIif it is proved that the summons was dul! served; the Court ma!
maFe an order that the suit shall e heard ex parte.A
>? When summons not dul! servedIif it is not proved that the summons was dul! serve; the Court shall
direct a second summons to e issued and served on the defendant;
>c? When summons served ut not in due timeIif it is proved that the summons was served on the
defendant; ut not in sufficient time to enale him to appear and answer on the da! fixed in the summons;
the Court shall postpone the hearing of the suit to future da! to e fixed ! the Court; and shall direct notice
of such da! to e given to the defendant.
>9? Where it is owing to the plaintiffsK default that the summons was not dul! served or was not served in
sufficient time; the Court shall order the plaintiff to pa! the costs occasioned ! the postponement.
3. &rocedure where defendant appears on da! of adGourned hearing and assigns good cause for previous
non#appearanceI Where the Court has adGourned the hearing of the suit ex#parte and the defendant; at or
efore such hearing; appears and assigns good cause for his previous non#appearance; he ma!; upon such
terms as the Court directs as to costs or otherwise; e heard in answer to the suit as if he had appeared on
the da!; fixed for his appearance.
%. &rocedure where defendant onl! appearsI Where the defendant appears and the plaintiff does not
appear when the suit is called on for hearing; the Court shall maFe an order that the suit e dismissed;
unless the defendant admits the claim or part thereof; in which case the Court shall pass a decree against
the defendant upon such admission; and; where part onl! of the claim has een admitted; shall dismiss the
suit so far as it relates to the remainder.
,. 7ecree against plaintiff ! default ars fresh suitI >$? Where a suit is wholl! or partl! dismissed under
rule %; 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 cause
for his non#appearance when the suit was called on for hearing; the Court shall maFe an order setting aside
the dismissal upon such terms as to costs or otherwise as it thinFs fit. and shall appoint a da! for proceeding
with suit.
>9? *o order shall e made under this rule unless notice of the application has een served on the opposite
part!.
$<. &rocedure in case of non#attendance of one or more of several plaintiffsI Where there are more
plaintiffs than one; and one or more of them appear; and the others do not appear; the Court ma!; at the
instance of the plaintiff or plaintiffs appearing; permit the suit to proceed in the same wa! as if all the plaintiffs
had 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 more
defendants than one; and one or more of them appear; and the others do not appear; the suit shall proceed;
and the Court shall; at the time of pronouncing Gudgment; maFe such order as it thinFs fit with respect to the
defendants who do not appear.
$9. ConseDuence of non#attendance; without sufficient cause shown; of part! ordered to appear in personI
Where a plaintiff or defendant; who has een ordered to appear in person; does not appear in person; or
show 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 parte
against 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 order
setting aside the decree as against him upon such terms as to costs; pa!ment into Court or otherwise as it
thinFs 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"
@$24A @&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 the
date of hearing and had sufficient time to appear and answer the plaintiffKs claimA
@$2.A @Explanation.IWhere there has een an appeal against a decree passed ex parte under this rule; and
the appeal has een disposed of an an! ground other than the ground that the appellant has withdrawn the
appeal; no application shall lie under this rule for setting aside that ex parte decree.A
$4. *o decree to e set aside without notice to opposite part!I *o decree shall e set aside on an! such
application 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 the
Court 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 record
such admissions and denials.
@$22A@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 the
suit 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 in
Court; or an! person; ale to answer an! material Duestion relating to the suit; ! whom such part! or his
pleader is accompanied.
>-? 0he Court ma!; if it thinFs fit; put in the course of an examination under this rule Duestions suggested !
either part!.A
-. 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! who
appears ! a pleader or an! such person accompan!ing a pleader as is referred to in rule 9; refuses or is
unale to answer an! material Duestion relating to the suit which the Court is of opinion that the part! whom
he 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! deliver
interrogatories in writing for the examination of the opposite parties or an! one or more of such parties and
such 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 of
interrogatories to the same part! without an order for that purpose " &rovided also that interrogatories which
do not relate to an! matters in Duestion in the suit shall e deemed irrelevant; notwithstanding that the! might
e admissile on the oral cross#examination of a witness.
9. &articular interrogatories to e sumittedI 6n an application for leave to deliver interrogatories; the
particular interrogatories proposed to e delivered shall e sumitted to the Court. (n deciding upon such
application; the Court shall taFe into account an! offer; which ma! e made ! the part! sought to e
interrogated to deliver particulars; or to maFe admissions; or to produce documents relating to the matters in
Duestion; or an! of them; and leave shall e given as to such onl! of the interrogatories sumitted as the
Court 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! e
made 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 exhiited
unreasonal!; vexatiousl!; or at improper length; the cost occasioned ! the said interrogatories and the
answers 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 as
circumstances ma! reDuire.
.. CorporationsI Where an! part! to a suit is a corporation or a od! of persons; whether incorporated or
not; empowered ! law to sue or e sued; whether in its own name or in the name of an! officer or other
person; an! opposite part! ma! appl! for an order allowing him to deliver interrogatories to an! memer or
officer 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 that
it is scandalous or irrelevant or not exhiited ona fide for the purpose of the suit; or that the matters inDuired
into are not sufficientl! material at that stage; @$23A@or on the ground of privilege or an! other groundA; ma! e
taFen in the affidavit in answer.
3. Setting aside and striFing out interrogatoriesI An! interrogatories ma! e set aside on the ground that
the! have een exhiited unreasonal! or vexatiousl!; or strucF out on the ground that the! are prolix;
oppressive; unnecessar! or scandalous; and an! application for this purpose ma! e made within seven
da!s after service of the interrogatories.
%. Affidavit in answer; filingI (nterrogatories shall e answered ! affidavit to e filed within ten da!s or
within 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 C;
with 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 answer
insufficientl!; 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 for
an order directing an! other part! to an! suit to maFe discover! on oath of the documents which are or have
een in his possession or power; relating to an! matter in Duestion therein. 6n the hearing of such
application 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 of
documents; 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 not
necessar! 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 in
the last preceding rule has een made; shall specif! which >if an!? of the documents therein mentioned he
oGects 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; to
order the production ! an! part! thereto; upon oath of such of the documents in his possession or power;
relating to an! matter in Duestion in such suit; as the Court shall thinF right; and the Court ma! deal with such
documents; 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 at
an! time to give notice to an! other part!; in whose pleadings or affidavits reference is made to an!
document @$2%A@or who has entered an! document in an! list annexed to his pleadingsA or produce such
document for the inspection of the part! giving such notice; or of his pleader; and to permit him or them to
taFe 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 document
relates onl! to his own title; he eing a defendant to the suit; or that he had some other cause or excuse with
the Court shall deem sufficient for not compl!ing with such notice; in which case the Court ma! allow the
same 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 affidavits
shall 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!s
from the receipt of such notice; deliver to the part! giving the same a notice stating a time within three da!s
from the deliver! thereof at which the documents; or such of them as he does not oGect to produce; ma! e
inspected at the office of his pleader; or in the case of anFers ooFs or other ooFs of account or ooFs in
constant use for the purposes of an! trade or usiness; at their usual place of custod!; and stating which >if
an!? 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 a
time 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 place
and 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 not
necessar! 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 or
affidavits of the part! against whom the application is made or disclosed in his affidavit of documents; shall
e founded upon an affidavit showing of what documents inspection is sought; that the part! appl!ing is
entitled to inspect them; and that the! are in the possession or power of the other part!. 0he Court shall not
maFe such order for inspection of such documents when and so far as the Court shall e of opinion that it is
not 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 fit;
instead 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 such
affidavit shall state whether or not there are in the original ooF an! and what erasures; interlineations or
alterations "
&rovided that; notwithstanding that such cop! has een supplied; the Court ma! order inspection of the ooF
from which the cop! was made.
>9? Where on an application for an order for inspection privilege is claimed for an! document; it shall e
lawful for the Court to inspect the document for the purpose of deciding as to the validit! of the claim of
privilege @$2,A@unless the document relates to matters of State.A
>-? 0he Court ma!; on the application of an! part! to a suit at an! time; and whether an affidavit of
documents shall or shall not have alread! een ordered or made; maFe an order reDuiring an! other part! to
state ! affidavit whether an!one or more specific documents; to e specified in the application; is or are; or
has or have at an time een; in his possession or power; and ; if not then in his possession; when he parted
with the same and what has ecome thereof. Such application shall e made on an affidavit stating that in
the elief of the deponent the part! against whom the application is made has; or has at some time and; in
his possession or power the document or documents specified in the application; and that the! relate to the
matters in Duestions in the suit; or to some of them.
9<. &remature discover!I Where the part! from whom discover! of an! Find or inspection is sought oGects
to the same; or an! part thereof; the Court ma! if satisfied that the right to the discover! or inspection sought
depends on the determination of an! issue or Duestion in dispute in the suit; or that for an! other reason it is
desirale that an! issue or Duestion in dispute in the suit should e determined efore deciding upon the right
to the discover! or inspection; order that such issue or Duestion e determined first; and reserve the Duestion
as to the discover! or inspection.
9$. *on#compliance with order for discover!I @$3<A@>$?A Where an! part! fails to compl! with an! order to
answer interrogatories; or for discover! or inspection of documents; he shall; if a plaintiff; e liale to have his
suit dismissed for want of prosecution; and; if a defendant; to have his defence; if an! strucF out; and to e
placed in the same position as if he had not defended; and the part! interrogating or seeFing discover! or
inspection ma! appl! to the Court for an order to that effect and @$3$A@an order ma! e made on such
application accordingl!; after notice to the parties and after giving them a reasonale opportunit! of eing
heard.A
@$39A @>9? Where an order is made under su#rule >$? dismissing an! suit; the plaintiff shall e precluded from
ringing a fresh suit on the same cause of action.A
99. /sing answers to interrogatories at trialI An! part! ma!; at the trial of a suit; use in evidence an! one or
more of the answers or an! part of an answer of the opposite part! to interrogatories without putting in the
others or the whole of such answer " &rovided alwa!s that in such case the Court ma! looF at the whole of
the answers; and if it shall e of opinion that an! others of them are so connected with those put in that the
last#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 next
friends 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 writing;
that 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-A@to admit; within fifteen da!s
from the date of service of the notice an! document;A saving all Gust exceptions; and in case of refusal or
neglect to admit; after such notice; the costs of proving an! such document shall e paid ! the part! so
neglecting or refusing; whatever the result of the suit ma! e; unless the Court otherwise directs; and no
costs of proving an! document shall e allowed unless such notice is given; except where the omission to
give the notice is; in the opinion of the Court; a saving of expense.
@$34A@9A. 7ocument to e deemed to e admitted if not divided after service of notice to admit documentsI
>$? 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 so
admitted 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 the
notice to admit documents; the Court ma! direct him to pa! costs to the other part! ! wa! of compensation.A
-. :orm of noticeI A notice to admit documents shall e in :orm *o. , in Appendix C; with such variations
as circumstances ma! reDuire.
-A. &ower of Court to record admissionI *otwithstanding that no notice to admit documents has een given
under 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 to
admit such document.
4. *otice to admit actsI An! part!; ma!; ! notice in writing; at an! time not later than nine da!s efore the
da! 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 after
service of such notice; or within such further time as ma! e allowed ! the Court; the costs of proving such
fact 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 the
purposes of the particular suit; and not as an admission to e used against the part! on an! other occasion
or 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 made
on such terms as ma! e Gust.
.. :orm of admissionsI A notice to admit facts shall e in :orm *o. $< in Appendix C; and admissions of
facts shall e in :orm *o. $$ in Appendix C; with such variations as circumstances ma! reDuire.
@$3.A@2. Judgment on admissionsI >$? Where admissions of fact have een made either in the pleading or
otherwise; 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 with
the Gudgment and the decree shall ear the date on which the Gudgment was pronounced.A
3. Affidavit of signatureI An affidavit of the pleader or his clerF; of the due signature of an! admissions made
in pursuance of an! notice to admit documents or facts; shall e sufficient evidence of such admissions; if
evidence thereof is reDuired.
%. *otice to produce documentsI *otice to produce documents shall e in :orm *o. $9 in Appendix C; with
such 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 cases
e 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 costs
occasioned 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 @$32A@at or efore the settlement of issuesAI >$? 0he parties or
their pleaders shall produce; @$33A@at or efore the settlement of issuesA; all the documentar! evidence of
ever! description in their possession or power; on which the! intend to rel!; and which has not alread! een
filed 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 accurate
list thereof prepared in such form as the High Court directs.
9. Effect of non#production of documentsI @$3%A@>$?A *o documentar! evidence in the possession or power
of 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 the
satisfaction of the Court for the non#production thereof; and the Court receiving an! such evidence shall
record the reasons for so doing.
@$3,A @>9?A *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!.A
-. 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 following
su# rule; there shall e endorsed on ever! document which as een admitted in evidence in the suit the
following 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 een
sustituted for the original under the next following rule; the particulars aforesaid shall e endorsed on the
cop! 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 is
otherwise provided ! the =anFersK =ooFs Evidence Act; $%,$ > $% of $%,$? where a document admitted in
evidence 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 or
account 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 own
motion; then ! either or an! part!.
>-? Where a cop! of an entr! is furnished under the foregoing provisions of this rule; the Court shall; after
accusing the cop! to e examined; compared and certified in manner mentioned in rule $3 of 6rder 8((; marF
the 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 as
evidence ! either part! is considered ! the Court to e inadmissile in evidence; there shall e endorsed
thereon the particulars mentioned in clauses >a?; >?; and >c? of rule 4; su#rule >$?; together with a statement
of 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 in
evidence or a cop! thereof where a cop! has een sustituted for the original under rule .; shall form part of
the record of the suit.
>9? 7ocuments not admitted in evidence shall not form part of the record and shall e returned to the persons
respectivel! producing them.
%. Court ma! order an! document to e impoundedI *otwithstanding an!thing contained in rule . or rule 3
of this 6rder or in rule $3 of 6rder 8((; the Court ma!; if it sees sufficient cause; direct an! document or ooF
produced efore it in an! suit to e impounded and Fept in the custod! of an officer of the Court; for such
period 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 receiving
acF an! document produced ! him in the suit and placed on the record shall; unless the document is
impounded under rule %; e entitled to receive acF the same;I
>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 preferring
an appeal has elapsed and that no appeal has een preferred or; if an appeal has een preferred; when the
appeal has een disposed of "
@$%<A @&rovided that a document ma! e returned at an! time earlier than that prescried ! this rule if the
person appl!ing thereforI
>a? delivers to the proper officer for eing sustituted for the original;I
>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 in
the manner mentioned in su#rule >9? of rule $3 of 6rder 8((; and
>? undertaFes to produce the original; if reDuired to do so "A
&rovided also; that no document shall e returned with; ! force of the decree; has ecome wholl! void or
useless.
>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 own
motion; and ma! in its discretion upon the application of an! of the parties to a suit; send for; either from its
own 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 affidavit
showing how the record is material to the suit in which the application is made; and that the applicant cannot
without unreasonale dela! or expense otain a dul! authenticated cop! of the record or of such portion
thereof 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! document
which under the law of evidence would e inadmissile in the suit.
$$. &rovisions as to documents applied to material oGectsI 0he provisions therein contained as to
documents 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 ON
ISS'ES A(REED '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 a
right 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 distinct
issue.
>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 @$%$A@after examination under rule 9 of 6rder 5 and after hearing the parties or their pleadersA; ascertain
upon what material propositions of fact or of law the parties are at variance; and shall thereupon proceed to
frame 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.
@$%9A@9. Court to pronounce Gudgment on all issuesI >$? *otwithstanding that a case ma! e disposed of on
preliminar! 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 or
an! 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 has
een determined; and ma! deal with the suit in accordance with the decision on that issue.A
-. )aterials from which issues ma! e framedI 0he Court ma! frame the issues from all or an! of the
following materials "I
>a? allegations made on oath ! the parties; or ! an! persons present on their ehalf; or made ! the
pleaders 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 that
the issues cannot e correctl! framed without the examination of some person not efore the Court or
without the inspection of some document not produced in the suit; it ma! adGourn the framing of the issues to
a future da!; and ma! >suGect to an! law for the time eing in force? compel the attendance of an! person or
the production of an! document ! the person in whose possession or power it is ! summons or other
process.
.. &ower to amend and striFe out; issuesI >$? 0he Court ma! at an! time efore passing a decree amend
the issues or frame additional issues on such terms as it thinFs fit; and all such amendments or additional
issues 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 e
wrongl! framed or introduced.
2. Muestions of fact or law ma! ! agreement e stated in form of issuesI Where the parties to a suit are
agreed as to the Duestion of fact or of law to e decided etween them; the! ma! state the same in the form
of an issue; and enter into an agreement in writing that upon the finding of the Court in the affirmative or the
negative of such issue;I
>a? a sum of mone! specified in the agreement or to e ascertained ! the Court; or in such manner as the
Court ma! direct; shall e paid ! one of the parties to the other of them; or that one of them e declared
entitled 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 agreement
and relating to the matter in dispute.
3. Court; if satisfied that agreement was executed in good faith; ma! pronounce GudgmentI Where the Court
is satisfied; after maFing such inDuir! as it deems proper;I
>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 the
agreement; and; upon the Gudgment so pronounced a decree shall follow
ORDER )*&DISPOSA# O+ T-E S'IT AT T-E +IRST -EARIN(
$. &arties not at issueI Where at the first hearing of a suit it appears that the parties are not at issue on an!
Duestion of law or of fact; the Court ma! at once pronounce Gudgment.
9. 6ne of several defendants not at issueI @$%-A@>$?A Where there are more defendants than one; and an!
one of the defendants is not at issue with the plaintiff on an! Duestion of law or of fact; the Court ma! at once
pronounce Gudgment for or against such defendant and the suit shall proceed onl! against the other
defendants.
@$%4A @>9? Wherever a Gudgment is pronounced under this rule; a decree shall e drawn up in accordance with
such Gudgment and the decree shall ear the date on which the Gudgment was pronounced.A
-. &arties at issueI >$? Where the parties are at issue on some Duestion of law or of fact; and issues have
een frame ! the Court as herein efore provided; if the Court is satisfied that no further argument or
evidence than the parties can at once adduce is reDuired upon such of the issues as ma! e sufficient for the
decision of the suit; and that no inGustice will result from proceeding with the suit forthwith; the Court ma!
proceed to determine such issues; and ; if the finding thereon is sufficient for the decision; ma! pronounce
Gudgment accordingl!; whether the summons has een issued for the settlement of issues onl! or for the final
disposal of the suit "
&rovided that; where the summons has een issued for the settlement of issues onl!; the parties or their
pleaders are present and none of them oGects.
>9? Where the finding is not sufficient for the decision; the Court shall postpone the further hearing of the suit;
and shall fix a da! for the production of such further evidence; or for such further argument as the case
reDuires.
4. :ailure to produce evidenceI Where the summons has een issued for the final disposal of the suit and
either part! fails without sufficient cause to produce the evidence on which he relies; the Court ma! at once
pronounce Gudgment; or an!; if it thinFs fit; after framing and recording issues; adGourn the suit for production
of such evidence as ma! e necessar! for its decision upon such issues.
S0A0E A)E*7)E*0S
/ttar &radesh.I (n its application to the State of /ttar &radesh add the following rule . after rule 4.
E.. StriFing off defence for failure to deposit admitted rent; etc.I >$? (n an! suit ! a lessor for the eviction of
a lessee after the determination of his lease and for the recover! from him of rent or compensation for use
and occupation; the defendant shall; at or efore the first hearing of the suit; deposit the entire amount
admitted ! him to e due together with interest thereon at the rate of nine per cent. per annum and whether
or not he admits an! amount to e due; he shall throughout the continuation of the suit regularl! deposit the
monthl! amount due within a weeF from the date of its accrual; and in the event of an! default in maFing the
deposit 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 Efirst hearingE means the date for filing written statement for hearing
mentioned in the summons or where more than one of such dates are mentioned; the last of the dates
mentioned.
Explanation 9.I 0he expression Eentire amount admitted
! him to e dueE means the entire gross amount; whether as rent or compensation for use and occupation;
calculated at the admitted rate of rent for the admitted period of arrears after maFing no other deduction
except the taxes; if an!; paid to a local authorit! in respect of the uilding on lessorKs account and the
amount; 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 and
Eviction? Act; $,39.
Explanation -.I >$? 0he expression Emonthl! amount dueE means the amount due ever! month; whether as
rent or compensation for use and occupation at the admitted rate of rent; after maFing no other deduction
except 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 ! the
defendant in that ehalf provided such representation is made within $< da!s of the first hearing or; of the
expir! of the weeF referred to in su#section >$?; 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 the
correctness of the amount deposited"
&rovided further that if the amount deposited includes an! sums claimed ! the depositor to e deductile on
an! account; the Court ma! reDuire the plaintiff to furnish the securit! for such sum efore he is allowed to
withdraw the same.E
@/.&. Act >.3 of $,32? amended vide /.&. 1ovt. 1aCCette dated -.$<.$,%$A.
ORDER )*I&S'$$ONIN( AND ATTENDANCE O+ ,ITNESSES
@$%.A@$. 'ist of witnesses and summons to witnessesI >$? 6n or efore such date as the Court ma! appoint;
and not later than fifteen da!s after the date on which the issues are settled; the parties shall present in Court
a list of witnesses whom the! propose to call either to give evidence or to produce documents and otain
summonses to such person for their attendance in Court.
>9? A part! desirous of otaining an! summons for the attendance of an! person shall file in Court an
application stating therein the purpose for which the witness is proposed to e summoned.
>-? 0he Court ma!; for reasons to e recorded; permit a part! to call; whether ! summoning through Court
or otherwise; an! witness; other than those whose names appear in the list referred to in su#rule >$?; if such
part 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 ! the
parties on an application to the Court or to such officer as ma! e appointed ! the Court in this ehalf.A
@$%2A@$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 $; ring an! witness to give evidence or
to produce documents.A
9. Expenses of witnesses to e paid into Court on appl!ing for summonsI >$? 0he part! appl!ing for a
summons shall; efore the summons is granted and within a period to e fixed; pa! into Court such a sum of
mone! as appears to the Court to e sufficient to defra! the travelling and other expenses of the person
summoned 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! person
summoned to give evidence as an expert; allow reasonale remuneration for the time occupied oth in giving
evidence 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 scale
of such expenses to a an! rules made in that ehalf.
@$%3A @>4?A Expenses to e directl! paid to witnessesIWhere the summons is served directl! ! the part! on
a witness; the expenses referred to in su#rule >$? shall e paid to the witness ! the part! or his agent.A
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;
E&rovided; where 1overnment is the part! appl!ing for a summons to a 1overnment servant; it shall not e
necessar! for it to maFe an! such pa!ment into Court.E
>ii? After su#rule >4? insert the following; namel!"I
E>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 to
produce 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 such
allowances; applicale to the 1overnment servant in Duestion.
Explanation 9I 0he dail! allowance and salar! of the 1overnment servant shall e proportionate to the
numer of da!s of his attendance reDuired ! the Court.E
@/.&. Act .3 of $,32A.

-. 0ender of expenses to witnessI 0he sum so paid into Court shall e tendered to the person summoned;
at 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 it
appoints in this ehalf that the sum paid into Court is not sufficient to cover such expenses or reasonale
remuneration; the Court ma! direct such further sum to e paid to the person summoned as appears to e
necessar! 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! and
discharge such person as aforesaid.
>9? Expenses of witnesses detained more than one da!IWhere it is necessar! to detain the person
summoned for a longer period than one da!; the Court ma!; from time to time; order the part! at whose
instance he was summoned to pa! into Court such sum as is sufficient to defra! the expenses of his
detention for such further period; and; in default of such deposit eing made; ma! order such sum to e
levied ! attachment and sale of the movale propert! of such part!; or the Court ma! discharge the person
summoned without reDuiring him to give evidence; or ma! other order such lev! and discharge such person
as 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
E&rovided that nothing in this rule shall appl! to a case where the witness is a 1overnment servant
summoned at the instance of 1overnment as a part!.

@/.&. Act.; .3 of $,32A.
.. 0ime; place and purpose of attendance to e specified in summonsI Ever! summons for the attendance
of a person to give evidence or to produce a document shall specif! the time and place at which he is
reDuired to attend; and also whether his attendance is reDuired for the purpose of giving evidence or to
produce a document; or for oth purposes; and an! particular document; which the person summoned is
called on to produce; shall e descried in the summons with reasonale accurac!.
2. Summons to produce documentI An! person ma! e summoned to produce a document; without eing
summoned to give evidence; and an! person summoned merel! to produce a document shall e deemed to
have complied with the summons if he causes such document to e produced instead of attending personall!
to produce the same.
3. &ower to reDuire persons present in Court to give evidence or produce documentI An! person present in
Court ma! e reDuired ! the Court to give evidence or to produce an! document then and there in his
possession or power.
@$%%A@3A. Summons given to part! for serviceI >$? 0he Court ma!; on the application of an! part! for the
issue of a summons for the attendance of an! person; permit such part! to effect service of such summons
on 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 to
the 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 $% of 6rder 8 shall appl! to a summons personall! served under this rule
as if the person effecting service were a serving officer.
>4? (f such summons; when tendered; is refused or if the person served refuses to sign and
acFnowledgement of service or for an! reason such summons cannot e served personall!; the Court shall;
on the application of the part!; re#issue such summons to e served ! the Court in the same manner as a
summons to a defendant.
>.? Where a summons is served ! a part! under this rule; the part! shall not e reDuired to pa! the fees
otherwise chargeale for the service of summons.A
%. Summons how servedI Ever! summons @$%,A@under this 6rder; not eing a summons delivered to a
part! for service under rule 3A;A shall e served as nearl! as ma! e in the same manner as a summons to a
defendant and the rules in 6rder 8 as to proof of service shall appl! in the case of all summonses served
under this rule.
,. 0ime for serving summonsI Service shall in all cases e made a sufficient time efore the time specified
in the summons for the attendance of the person summoned; to allow him a reasonale time for preparation
and for travelling to the place at which his attendance is reDuired.
$<. &rocedure whose witness fails to compl! with summonsI @$,<A@>$? Where a person to whom a summons
has een issued either to attend to give evidence or to produce a document; fails to attend or to produce the
document 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 summons
has 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 service;
or cause him to e so examined ! an! Court; touching the service or non#service of the summons.A
>9? Where the Court sees reason to elieve that such evidence or production is material; and that such
person 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 give
evidence or to produce the document at a time and place to e named therein; and a cop! of such
proclamation 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 its
discretion; issue a warrant; either with or without ail; for the arrest of such person; and ma! maFe an order
for the attachment of his propert! to such amount as it thinFs fit; not exceeding the amount of the costs of
attachment 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 his
propert!; 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 last
proceeding 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 the
costs of the attachment as it thinFs fit.
$9. &rocedure if witness fails to appearI @$,$A@>$?A 0he Court ma!; where such person does not appear; or
appears ut fails so to satisf! the Court; impose upon him such fine not exceeding five hundred rupees as it
thinFs fit; having regard to his condition in life and all the circumstances of the case; and ma! order his
propert!; or an! part thereof; to the attached and sold or; if alread! attached under rule $<; to e sold for the
purpose 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; the
Court shall order the propert! to e released from attachment.
@$,9A @>9? *otwithstanding that the Court has not issued a proclamation under su#rule >9? of rule $<; nor
issued a warrant nor ordered attachment under su#rule >-? of that rule; the Court ma! impose fine under
su# rule >$? of this rule after giving notice to such person to show cause wh! the fine should not e
imposed.A
$-. )ode of attachment.I0he provisions with regard to the attachment and sale of propert! in the execution
of a decree shall; so far as the! are applicale; e deemed to appl! to an! attachment and sale under this
6rder 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 this
Code as to attendance and appearance and to an! law for the time eing in force; where the Court at an!
time thinFs it necessar! @$,-A@to examine an! person; including a part! to the suitA 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 to
give evidence; or to produce an! document in his possession on a da! to e appointed; and ma! examine
him 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 it
to e produced; at such time and place.
$2. When the! ma! departI >$? A person so summoned and attending shall; unless the Court otherwise
directs; 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 to
e detained in the civil prison.
$3. Application of rules $< to $-I 0he provisions of rules $< to $- shall; so far as the! are applicale; e
deemed 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! person
arrested under a warrant is rought efore the Court in custod! and cannot; owing to the asence of the
parties or an! of them ; give the evidence or produce the document which he has een summoned to give or
produce; the Court ma! reDuire him to give reasonale ail or other securit! for his appearance at such time
and place as it thinFs fit; on such ail or securit! eing given; ma! release him; and; in default of his giving
such 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 e
ordered 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 @$,4A@one hundredA or >where there is railwa! or steamer
communication or other estalished pulic conve!ance for five#sixths of the distance etween the place
where he resides and the place were the Court is situate? less than @$,.A@five hundred FilometersA distance
from the Court#house "
@$,2A @&rovided that where transport ! air is availale etween the two places mentioned in this rule and the
witness is paid the fare ! air; he ma! e ordered to attend in person.A
9<. ConseDuence of refusal of part! to give evidence when called on ! CourtI Where an! part! to a suit
present in Court refuses; without lawful excuse; when reDuired ! the Court; to give evidence or to produce
an! document then and there in his possession or power; the Court ma! pronounce Gudgment against him or
maFe 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 give
evidence or to produce a document; the provisions as to witnesses shall appl! to him so for as the! are
applicale.
019420ORDER )*IA&ATTENDANCE O+ ,ITNESSES CON+INED OR DETAINED IN PRISONS
$. 7efinitionsI (n this 6rder;I
>a? EdetainedE includes detained under an! law providing for preventive detention;
>? EprisonE includesI
>i? an! place which has een declared ! the State 1overnment; ! general or special order; to e a
susidiar! 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 evidence
of a person confined or detained in a prison within the State is material in a suit; the Court ma! maFe an
order 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 such
order shall e made unless the Court is satisfied that the examination of such person on commission will not
e adeDuate.
-. Expenses to e paid into CourtI >$? =efore maFing an! order under rule 9; the Court shall reDuire the
part! 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 the
traveling 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 expenses;
to 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 State
1overnment ma!; at an! time; having regard to the matters specified in su#rule >9? ! general or special
order; 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 rule
9; 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 following
matters; namel! "I
>a? the nature of the offence for which; or the grounds on which; the person or class of persons have een
ordered 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 removed
from 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 in
respect 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 the
order 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 applies;the officer in charge of
the prison shall astain from carr!ing out the CourtKs order and shall send to the Court a statement of reason
for so astaining.
2. &risoner to e rought to Court in custod!I(n an! other case; the officer in charge of the prison shall;
upon deliver! of the CourtKs order; cause the person named therein to e taFen to the Court so as to e
present at the time mentioned in such order; and shall cause him to e Fept in custod! in or near the Court
until he has een examined or until the Court authorises him to e taFen acF to the prison in which he is
confined or detained.
3. &ower to issue commission for examination of witness in prisonI>$? Where it appears to the Court that
the evidence of a person confined or detained in a pison; whether within the State or elsewhere in (ndia; is
material in a suit ut the attendance of such person cannot e secured under the preceding provisions of this
order; the Court ma! issue a commission for the examination of that person in the prison in which he is
confined or detained.
>9? 0he provisions of 6rder 558( shall; so far ma! e; appl! in relation to the examination on commission of
such person in prison as the! appl! in relation to the examination on commission of an! other person.A
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 and
ma! maFe such order; as it thinFs fit with respect to the costs occasioned ! the adGournment"
@$,%A@&rovided that;I
>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!ond
the 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 eing
engaged in another Court; is put forward as a ground for adGournment; the Court shall not grant the
adGournment unless it is satisfied that the part! appl!ing for adGournment could not have engaged another
pleader in time.
>e? where a witness is present in Court ut a part! or his pleader is not present or the part! or his pleader;
though present in Court; is not read! to examine or cross#examine the witness; the Court ma!; if it thinFs fit;
record 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 not
read! as aforesaid.A
9 . &rocedure if parties fail to appear on da! fixed;I Where; on an! da! to which the hearing of the suit is
adGourned; the parties or an! of them fail to appear; the Court ma! proceed to dispose of the suit in one of
the modes directed in that ehalf ! 6rder (5 or maFe such other order as it thinFs fit.
@$,,A @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; the
Court ma!; in its discretion; proceed with the case as if such part! were present.A
- . Court ma! proceed notwithstanding either part! fails to produce evidence; etc.I Where an! part! to a
suit 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 een
allowed; @9<<A@the Court ma!; notwithstanding such default;I
>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 9A.
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 ! the
plaintiff and contends that either in point of law or on some additional facts alleged ! the defendant the
plaintiff is not entitled to an! part of the relief which he seeFs; in which case the defendant has the right to
egin.
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 his
evidence 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 the
Court generall! on the whole case.
>-? 0he part! eginning ma! then repl! generall! on the whole case.
@9<$A @>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.A
- . Evidence where several issuesI Where there are several issues; the urden of proving some of which
lies 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 the
other 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<9A@-A . &art! to appear efore other witnessesI Where a part! himself wishes to appear as a witness; he
shall so appear efore an! other witness on his ehalf has een examined; unless the Court; for reasons to
e recorded permits him to appear as his own witness at a later stage.A
4 . Witnesses to e examined in open CourtI 0he evidence of the witnesses in attendance shall e taFen
orall! in open Court in the presence and under the personal direction and superintendence of the Gudge.
@9<-A@@9<4A. . How evidence shall e taFen in appealale cases I(n cases in which an appeal is allowed; the
evidence of each witness shall e;I
>a? taFen down in the language of the Court;I
>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 in
the presence of the Judge.A
@9<.A2 . When deposition to e interpretedI Where the evidence is taFen down in language different from
that in which it is given; and the witness does not understand the language in which it is taFen down; the
evidence as taFen down in writing shall e interpreted to him in the language in which it is given.
@9<2A3 . Evidence under Section $-%.I Evidence taFen down under section $-% shall e in the form
prescried ! rule . and shall e read over and signed and; as occasion ma! reDuire; interpreted and
corrected as if it were evidence taFen down under that rule.
@9<3A% . )emorandum when evidence not taFen down ! JudgeI Where the evidence is not taFen down in
writing ! the Judge; @9<%A@or from his dictation in the open Court; or recorded mechanicall! in his presence;A
he shall e ound; as the examination of each witness proceeds; to maFe a memorandum of the sustance
of what each witness deposes; and such memorandum shall e written and signed ! the Judge and shall
form part of the record.
@9<,A@@9$<A, . When evidence ma! e taFen in EnglishI >$? Where English is not the language of the Court;
ut 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; the
Judge 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 such
of the parties as appear ! pleaders; do not oGect to having such evidence eing taFen down in English; the
Judge ma! taFe down; or cause to e taFen down; such evidence in English.A
$< . An! particular Duestion and answer ma! e taFen downI the Court ma!; of its own motion or on the
application 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$$A$$ . 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 Duestion;
the answer; the oGection and the name of the person maFing it; together with the decision of the Court
thereon.
$9 . RemarFs on demeanour of witnessesI 0he Court ma! record such remarFs as it thinFs material
respecting the demeanour of an! witness while under examination.
@9$9A@@9$-A$- . )emorandum of evidence in unappealale casesI (n cases in which an appeal is not
allowed; 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 the
t!pewriter; or cause to e mechanicall! recorded; a memorandum of the sustance of what the witness
deposes; and such memorandum shall e signed ! the Judge or otherwise authenticated; and shall form
part of the record.A
@9$4A$4 . @Judge unale to maFe such memorandum to record reasons of his liailit!.A Rep. ! the Code of
Civil &rocedure >Amendment? Act; $,32 >$<4 of $,32?; s. 2, >w.e.f. $#9#$,33?.
@9$.A$. . &ower to deal with evidence taFen efore another JudgeI >$? Where a Judge is prevented !
death; transfer or other cause from concluding the trial of a suit; his successor ma! deal with an! evidence or
memorandum taFen down or made under the foregoing rules as if such evidence or memorandum had een
taFen down or made ! him or under his direction under the said rules and ma! proceed with the suit from
the stage at which his predecessor left it.
>9? 0he provisions of su#rule >$? shall; so far as the! are applicale; e deemed to appl! to evidence taFen
in a suit transferred under section 94.
@9$2A$2 . &ower to examine witness immediatel!I >$? Where a witness is aout to leave the Gurisdiction of
the Court; or other sufficient cause is shown to the satisfaction of the Court wh! his evidence should e taFen
immediatel!; the Court ma! upon the application of an! part! or of the witness; at an! time after the
institution 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 Court
thinFs 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 who
has een examined and ma! >suGect to the law of evidence for the time eing in force? put such Duestions to
him as the Court thinFs fit.
@9$3A$3A . &roduction of evidence not previousl! Fnown or which could not e produced despite due
diligenceI Where a part! satisfies the Court that after the exercise of due diligence; an! evidence was not
within his Fnowledge or could not e produced ! him at the time when that part! was leading his evidence;
the Court ma! permit that part! to produce that evidence at a later stage on such terms as ma! appear to it
to e Gust.A
$% . &ower of Court to inspectI 0he Court ma! at an! stage of a suit inspect an! propert! or thing
concerning which an! Duestion ma! arise @9$%A@and where the Court inspects an! propert! or thing it shall; as
soon 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.A
ORDER )I)& A++IDA*ITS
$ . &ower to order an! point to e proved ! affidavitI An! Court ma! at an! time for sufficient reason order
that an! particular fact or facts ma! e proved ! affidavit; or that the affidavit of an! witness ma! e read at
the 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 for
cross#examination; and that such witness can e produced; an order shall not e made authoriCing the
evidence of such witness to e given ! affidavit.
S0A0E A)E*7)E*0S
/ttar &radesh.I :or the existing proviso; sustitute the following"I
E&rovided that if it appears to the Court; whether at the instance of either part! or otherwise and whether
efore or after the filing of such affidavit; that the production of such witness for cross#examination is
necessar! and his attendance can e procured; the Court shall order the attendance of such witness;
whereupon the witness ma! e examined; cross# examined and re#examined.E.
@/.&. Act >.3 of $,32?A.
)adh!a &radesh.I (nsert the following rule; after rule $"I
E$#A. &roof of fact ! affidavit in certain cases.I *otwithstanding an!thing contrar! to rule $; the Court shall;
in 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!
appointed under that Act; call upon the parties to prove an! particular fact or facts as it ma! direct; !
affidavit; unless the Court looFing to the nature and complexit! of the suit or proceeding and for reasons to
e recorded in writing deems it Gust and expedient to dispense with the proof of a fact or facts ! affidavits.E.

@).&. Act 9, of $,%4A.
9 . &ower to order attendance of deponent for cross# examinationI >$? /pon an! application evidence ma!
e given ! affidavit; ut the Court ma!; at the instance of either part!; order the attendance for cross#
examination of the deponent.
>9? Such attendance shall e in Court; unless the deponent is exempted from personal appearance in Court
or the Court otherwise directs.
- . )atters to which affidavits shall e confinedI >$? Affidavits shall e confined to such facts as the
deponent is ale of his own Fnowledge to prove; except on interlocutor! applications; on which statements of
his elief ma! e admitted; provided that the grounds thereof are stated.
>9? 0he costs of ever! affidavit which shall unnecessaril! set forth matters of hear sa! or argumentative
matter; or copies of or extracts from document; shall >unless the Court otherwise directs? e paid ! the part!
filing the same.
ORDER ))& .'D($ENT AND DECREE
@9$,A$ . Judgment when pronouncedI @99<A@>$?A 0he Court; after the case has een shall pronounce
Gudgment in open Court either at once or; as soon thereafter as ma! e practicale; on some future da!; and
when the Gudgment is to e pronounced on some future da!;the Court shall fix a da! for that purpose; of
which due notice shall e given to the parties or their pleader"A
@99$A @&rovided that where the Gudgment is not pronounced at once; ever! endeavour shall e made ! the
Court to pronounce the Gudgment within fifteen da!s from the date on which the hearing of the case was
concluded ut; where it is not practicale so to do; the Court shall fix a future da! for the pronouncement of
the Gudgment; and such da! shall not ordinaril! e a da! e!ond thirt! da!s from the date on which the
hearing of the case was concluded; adduce notice of the da! so fixed shall e given to the parties or their
pleader "
&rovided further that; where a Gudgment is not pronounced within thirt! da!s from the date on which the
hearing of the case was concluded; the Court shall record the reasons for such dela! and shall fix a future
da! on which the Gudgment will e pronounced and due notice of the da! so fixed shall e given to the parties
or their pleadersA.
@999A @>9? Where a written Gudgment is to e pronounced; it shall e sufficient if the findings of the Court on
each issue and the final order passed in the case are read out and it shall not e necessar! for the Court to
read out the whole Gudgment; ut a cop! of the whole Gudgment shall e made availale for the perusal of the
parties or the pleaders immediatel! after the Gudgment is pronounced.
>-? 0he Gudgment ma! e pronounced ! dictation in open Court to a shorthand writer if the Judge is
speciall! empowered ! the High Court in this ehalf"
&rovided that; where the Gudgment is pronounced ! dictation in open Court; the transcript of the Gudgment so
pronounced shall; after maFing such correction therein as ma! e necessar!; e signed ! the Gudge; ear
the date on which it was pronounced; and form a part of the record.A
9 . &ower to pronounce Gudgment written ! GudgeKs predecessorI @99-A@A Judge shallA pronounce a
Gudgment written; ut not pronounced; ! his predecessor.
@994A- . Judgment to e signedI 0he Gudgment shall e dated and signed ! the Judge in open Court at the
time of pronouncing it and; when once signed; shall not afterwards e altered or added; to save as provided
! section $.9 or on review.
@99.A4 . Judgments of Small Cause CourtsI >$? Judgments of a Court of Small Causes need not contain
more than the points for determination and the decision thereon.
>9? Judgments of other Courts@$AIJudgments of other Courts contain a concise statement of the case; the
points for determination; the decision thereon; and the reasons for such decision.
@992A. . Court to state its decision on each issueI (n suits in which issue; have een framed; the Court shall
state its finding or decision; with the reasons therefore; upon separate issue; unless the finding upon an! one
or more of the issue is sufficient for the suit.
@993A@.A . Court to inform parties as to where an appeal lies in cases where parties are not represented !
pleadersI Except where oth the parties are represented ! pleaders; the Court shall; when it pronounces
its Gudgment in a case suGect to appeal; inform the parties present in Court as to the Court to which an
appeal lies and the period of limitation for the filing of such appeal and place on record the information so
given to the parties.A
2 . Contents of decreeI >$?0he decree shall agree with the Gudgment; it shall contain the numer of the suit;
the @99%A@names and descriptions of the parties; their registered addresses;A and particulars of the claim and
shall 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! sum
which is admitted or found to e due from the former to the latter.
@99,A@2A . 'ast paragraph of Gudgment to indicate in precise terms the reliefs grantedI >$? 0he last
paragraph 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; and;
in an! case; within fifteen da!s from the date on which the Gudgment is pronounced; ut where the decree is
not drawn up within the time aforesaid; the Court shall if reDuested so to do ! a part! desirous of appealing
against the decree; certif! that the decree has not een drawn up and indicate in the certificate the reasons
for 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 the
lst 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 the
decree 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 a
decree is drawn up; the last paragraph of the Gudgment shall cease to have the effect of decree for the
purpose 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 Gudgment;
such 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#written;
copies of the t!pe#written Gudgment shall; where it is practicale so to do; e made availale to the parties
immediatel! after the pronouncement of the Gudgment on pa!ment; ! the part! appl!ing for such cop!; of
such charges as ma! e specified in the rules made ! the High Court.A
3 . 7ate of decreeI 0he decree shall ear the da! on which the Gudgment was pronounced; and when the
Judge has satisfied himself that the decree has een drawn up in accordance with the Gudgment; he shall
sign the decree.
% . &rocedure where Judge has vacated office efore signing decreeI Where a Judge has vacated office
after 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 to
which 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 such
propert! can e identified oundaries or ! numers in a record of settlement or surve!; the decree shall
specif! such oundaries or numers.
$< . 7ecree for deliver! of movale propert!I Where the suit is for movale propert!; and the decree is for
the deliver! of such propert!; the decree shall also state the amount of mone! to e paid as an alternative if
deliver! cannot e head.
$$ . 7ecree ma! direct pa!ment ! instalmentsI >$? Where and in so far as a decree is for the pa!ment of
mone!; the Court ma! for an! sufficient reason @9-<A@incorporate in the decree after hearing such of the
parties who had appeared personall! or ! pleader at the last hearing; efore Gudgment; an order thatA
pa!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!; on
the application of the Gudgment#detor and with the consent of the decree#holder; order that pa!ment of the
amount decreed shall e postponed or shall e made ! instalments on such terms as to the pa!ment of
interest; the attachment of the propert! of the Gudgment#detor; or the taFing of securit! from him; or
otherwise; as it thinFs fit.
$9 . 7ecree for possession and =(mesne profitsI >$? Where a suit is for the recover! of possession of
immovale propert! and for rent or mesne profits; the Court ma! pass a decreeI
>a? for the possession of the propert!;
@9-$A @>? for the rents which have accrued on the propert! during the period prior to the institution of the suit
or directing an inDuir! as to such rent;
>a? for the mesne profits or directing an inDuir! as to mesne profits;A
>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 the
Court; 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 mesne
profits shall e passed in accordance with the result of such inDuir!.
@9-9A@$9A . 7ecree for specific performance of contract for the sale or lease of immovale propert!I Where
a decree for the specific performance of contract for the sale or lease of immovale propert! orders that the
purchase mone! or other sum e paid ! the purchaser or lessee; it shall specif! the period within which the
pa!ment shall e made.A
$- . 7ecree in administration suitI >$? Where a suit is for an account of an! propert! and for its due
administration under the decree of the Court; the Court shall; efore passing the final decree; pass a
preliminar! decree ordering such accounts and inDuiries to e taFen and made; and giving such other
directions as it thinFs fit.
>9? (n the administration ! the Court of the propert! of an! deceased person; if such propert! proves to e
insufficient for the pa!ment in full of his dets and liailities; the same rules shall e oserved as to the
respective rights of secured and unsecured creditors and as to dets and liailities provale; and as to the
valuation of annuities and future and contingent liailities respectivel!; as ma! e in force for the time eing;
within the local limits of the Court in which the administration suit; is pending with respect to the estates of
persons adGudged or declared insolvent; and all persons who in an! such case would e entitled to e paid
out of such propert!; ma! come in under the preliminar! decree; and maFe such claims against the same as
the! 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 a
particular 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!? decrees
against the plaintiff; on or efore the da! referred to in clause >a?; the defendant shall deliver possession of
the 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 dismissed
with costs.
>9? Where the Court has adGudicated upon rival claims to pre#emption; the decree shall direct;I
>a? if and in so far as the claims decreed are eDual in degree; that the claim of each pre#emptor compl!ing
with 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#emption
shall 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 the
taFing of partnership accounts; the Court; efore passing a final decree; ma! pass a preliminar! decree
declaring the proportionate shares of the parties; fixing the da! on which the partnership shall stand
dissolved or e deemed to have een dissolved; and directing such accounts to e taFen; and other acts to
e 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 it
is necessar!; in order to ascertain the amount of mone! due to or from an! part!; that an account should e
taFen; 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 taFen
or ! an! suseDuent order give special directions with regard to the mode in which the account is to e
taFen or vouched and in particular ma! direct that in taFing the account the ooFs of account in which the
accounts in Duestion have een Fept shall e taFen as prima facie evidence of the truth of the matters therein
contained 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 Court
passes a decree for the partition of propert! or for the separate possession of a share therein; then;I
>$? if and in so far as the decree relates to an estate assessed to the pa!ment of revenue to the 1overnment;
the decree shall declare the rights of the several parties interested in the propert!; ut shall direct such
partition or separation to e made ! the Collector; or an! gaCetted 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 Court
ma!; 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 directions
as ma! e reDuired.
$, . 7ecree when set#off or counter#claims is allowedI >$? Where the defendant has een allowed a set#off
@9--A @or counter#claimA against the claim of the plaintiff; the decree shall state what amount is due to the
plaintiff and what amount is due to the defendant; and shall e for the recover! of an! sum which appears to
e 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
@9-4A@or counter#claimA 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-.A @or counter#claimA had een claimed.
>-? 0he provisions of this rule shall appl! whether the set#off is admissile under rule 2 of 6rder 8((( or
otherwise.
9< . Certified copies of Gudgment and decree to e furnishedI Certified copies of the Gudgment and decree
shall e furnished to the parties on application to the Court; and at their expense.
@9-2A6R7ER 55A
C6S0S
$ . &rovisions relating to certain itemsI Without preGudice to the generalit! of the provisions of this Code
relating to costs; the Court ma! award costs in respect of;I
>a? expenditure incurred for the giving of an! notice reDuired to e given ! law efore the institution of the
suit;
>? 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 decrees
which 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 this
rule shall e in accordance with such rules as the High Court ma! maFe in that ehalf.A
ORDER ))I&E)EC'TION O+ DECREES AND ORDERS
&a!ment under decree
@9-3A@$ . )odes of pa!ing mone! under decreeI >$? All mone!; pa!ale under a decree shall e paid as
follows; 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 wherein
pa!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 give
notice thereof to the decree#holder either through the Court or directl! to him ! registered post;
acFnowledgement 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 the
case 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 or
costs;
>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 from
the 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 of
such pa!ment "
&rovided that; where the decree#holder refuses to accept the postal order or pa!ment through a anF;
interest shall cease to run from the date on which the mone! was tendered to him; or where he avoids
acceptance of the postal mone! order or pa!ment through anF; interest shall cease to run from the date on
which mone! would have een tendered to him in the ordinar! course of usiness of the postal authorities or
the anF; as the case ma! e.A
9 . &a!ment out of Court to decree#holderI >$? Where an! mone! pa!ale under a decree of an! Find is
paid out of Court. @9-%A@or decree of an! Find is otherwise adGustedA 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 is
to execute the decree; and the Court shall record the same accordingl!.
>9? 0he Gudgment#detor @9-,A@or an! person who has ecome suret! for the Gudgment#detorA 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 recorded
as certified; and if; after service of such notice; the decree#holder fails to show cause wh! the pa!ment or
adGustment should not e recorded as certified; the Court record the same accordingl!.
@94<A @>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 notice
given under su#rule >9? of rule $; on efore the Court.A
@94$A >-? A pa!ment or adGustment; which has not een certified or recorded as aforesaid; shall not e
recogniCed ! 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 sell
the 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 set
forth in the plaint did not exceed two thousand rupees and which; as regards its suGect#matter; is not
excepted ! the law for the time eing in force from the cogniCance of either a &residenc! or a &rovincial
Court 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 case
ma! e; the copies and certificates mentioned in rule 2; and such Court of Small Causes shall thereupon
execute the decree as if it had een passed ! itself.
@949A@. . )ode of transferI Where a decree is to e sent for execution to another Court; the Court which
passed such decree shall send the decree directl! to such other Court whether or not such Court is situated
in 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.A
2 . &rocedure where Court desires that its own decree shall e executed ! another CourtI 0he Court
sending 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 to
which 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 to
that 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 for
execution; or of the copies thereof; unless the Court; for an! special reasons to e recorded under the hand
of the Judge; reDuires such proof.
% . Execution of decree or order ! Court to which it is sentI Where such copies are so filed; the decree or
order ma!; if the Court to which it is sent is the 7istrict Court; e executed ! such or e transferred for
execution to an! suordinate Court of competent Gurisdiction.
, . Execution of High Court of decree transferred ! other CourtI Where the Court to which the decree is
sent for execution is a High Court; the decree shall e executed ! such Court in the same manner as if it
had 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 the
Court which passed the decree or to the officer >if an!? appointed in this ehalf; or if the decree has een
sent under the provisions hereinefore contained to another Court then to such Court or to the proper officer
thereof.
$$ . 6ral applicationI >$? Where a decree is for the pa!ment of mone! the Court ma!; on the oral application
of the decree#holder at the time of passing of the decree; order immediate execution thereof ! the arrest of
the Gudgment#detor; prior to the preparation of a warrant if he is within the precincts of the Court.
>9? Written applicationISave as otherwise provided ! su#rule>$?; ever! application for the execution of a
decree shall e in writing; signed and verified ! the applicant or ! some other person proved to the
satisfaction of the Court to e acDuainted with the facts of the case; and shall contain in a taular form the
following 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 made
etween the parties suseDuentl! to the decree;
>f? whether an!; and >if an!? what; previous applications have een made for the execution of the decree; the
dates of such applications and their results;
>g? the amount with interest >if an!? due upon the decree; or other relief granted there!; together with
particulars 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-A @>ii? ! the attachment; or ! the attachment and sale; or ! the sale without attachment; of an!
propert!;A
>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 a
certified cop! of the decree.
@944A@$$A . Application for arrest to state groundsI Where an application is made for the arrest and
detention in prison of the Gudgment#detor; it shall state; or e accompanied ! an affidavit stating; the
grounds on which arrest is applied for.A
$9 . Application for attachment of movale propert! not in Gudgment#detorKs possessionI Where an
application is made for the attachment of an! movale propert! elonging to a Gudgment#detor in his
possession; the decree#holder shall annex to the application an inventor! of the propert! to e attached;
containing a reasonal! accurate description of the same.
$- . Application for attachment of immovale propert! to contain certain particularsI Where an application is
made for the attachment of an! immovale propert! elonging to a Gudgment#detor; it shall contain at the
footI
>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 the
applicant; 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! reDuire
the applicant to produce a certified extract from the register of such office; specif!ing the persons registered
as 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 favour
of more persons than one; an! one or more such persons ma!; unless the decree imposes an! condition to
the contrar!; appl! for the execution of the whole decree for the enefit of them all; or; where of them has
died; 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 made
under this rule; it shall maFe such order as it deems necessar! for protecting the interest of the persons who
have 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 the
Court which passed if; and the decree ma! e executed in the same manner and suGect to the same
conditions as if the application were made ! such decree#holder "
&rovided also that; where the decree; or such interest as aforesaid; has een transferred ! assignment;
notice of such application shall e given to the transferor and the Gudgment#detor; and the decree shall not
e 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 een
transferred to one of them; it shall not e executed against the others.
@94.A @Explanation.I*othing in this rule shall affect the provisions of section $42; and a transferee of rights
in 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.A
$3 . &rocedure on receiving application for execution of decreeI >$? 6n receiving an application for the
execution of a decree as provided ! rule $$; su#rule >9?; the Court shall ascertain whether such of the
reDuirementKs of rules $$ to $4 as ma! e applicale to the case have een complied with; and if; the! have
not een complied with; @942A@the Court shall allowA the defect to e remedied then and there or within a time
to e fixed ! it.
@943A @>$A? (f the defect is not so remedied; the Court shall reGect the application"
&rovided that where; in the Court; there is some inaccurac! as to the amount referred to in clauses >g? and
>h? of su#rule >9? of rule $$; the Court; instead of reGecting the application; decide provisonall! >without
preGudice to the right of the parties to have the amount finall! decided in the course of the proceedings? the
amount and maFe an order for the execution of the decree for the amount so provisionall! decided.A
>9? Where an application is amended under the provisions of su#rule >$?; it shall e deemed to have een an
application 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 and
the date on which it was made; and shall; suGect to the provisions hereinafter contained; order execution of
the 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; as
nearl! 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 of
cross#decrees in separate suits for the pa!ment of two sums of mone! passed etween the same parties and
capale 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 larger
sum 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 in
respect of Gudgment#dets due ! the original assignor as in respect of Gudgment#dets due ! the assignee
himself.
>-? 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 the
other 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#decree
in 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 a
decree for Rs. $;<<< against : singl! and applies for execution to the Court in which the Goint#decree is eing
executed. : 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 the
execution 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 and
for so much onl! as remains after deducting the smaller sum; and satisfaction for the smaller sum shall e
entered upon the decree.
9< . Cross#decrees and cross#claims in mortgage#suitsI 0he provisions contained in rules $% and $, shall
appl! to decrees for sale in enforcement of a mortgage or charge.
9$ . Simultaneous executionI 0he Court ma!; in its discretion; refuse execution at the same time against
the person and propert! of the Gudgment#detor.
99 . *otice to show cause against execution in certain casesI >$? Where an application for execution is
made;I
>a? more than @94%A@two !earsA after the date of the decree; or
>? against the legal representative of a part! to the decree or where an application is made for execution of
a decree filed under the provisions of section 44A;@94,A@orA
@9.<A @>c? against the assignee or receiver in insolvenc!; where the part! to the decree has een adGudged to
e an insolvent;A
the Court executing the decree shall issue a notice to the person against whom execution is applied for
reDuiring him to show cause; on a date to e fixed; wh! the decree should not e executed against him "
&rovided that no such notice shall e necessar! in conseDuence of more than @9.$A@two !earsA having
elapsed etween the date of the decree and the application for execution if the application is made within
@9.9A@two !earsA from the date of the last order against the part! against whom execution is applied for; made
on an! previous application for execution; or in conseDuence of the application eing made against the legal
representative of the Gudgment#detor if upon a previous application for execution against the same person
the 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; it
considers that the issue of such notice would cause unreasonale dela! or would defeat the ends of Gustice.
@9.-A@99A . Sale not to e set aside on the death of the Gudgment#detor efore the sale ut after the service
of the proclamation of sale.I Where an! propert! is sold in execution of a decree; the sale shall not e set
aside merel! ! reason of the death of the Gudgment#detor etween the date of issue of the proclamation of
sale and the date of the sale notwithstanding the failure of the decree#holder to sustitute the legal
representative of such deceased Gudgment#detor; ut; in case of such failure; the Court ma! set aside the
sale if it is satisfied that the legal representative of the deceased Gudgment#detor has een preGudiced ! the
sale.A
9- . &rocedure after issue of noticeI >$? Where the person to whom notice is issued under @9.4A@rule 99A
does not appear or does not show cause to the satisfaction of the Court wh! the decree should not e
executed the Court shall order the decree to e executed.
>9? Where such person offers an! oGection to the execution of the decree; the Court shall consider such
oGection and maFe such order as it thinFs fit.
&rocess for execution
94 . &rocess for executionI >$? When the preliminar! measures >if an!? reDuired ! the foregoing rules have
een taFen; the Court shall; unless it sees cause to the contrar!; issue its process for the execution of the
decree.
>9? Ever! such process shall ear date the da! on which it is issued; and shall e signed ! the Judge or
such officer as the Court ma! appoint in this ehalf; and shall e sealed with the seal of the Court and
delivered to the proper officer to e executed.
@9..A @>-?A (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 to
e void if no da! for its return is specified therein.A
9. . Endorsement on processI >$? 0he officer entrusted with the execution of the process shall endorse
thereon the da! on; and the manner in which it was executed; and; if the latest da! specified in the process
for the return thereof has een exceeded; the reason of the dela!; or; if it is executed; the reason wh! it was
not executed; and shall return the process with such endorsement to the Court.
>9? Where the endorsement is to the effect that such officer is unale to execute the process; the Court shall
examine him touching his alleged inailit!; and ma!; if it thinFs fit; summon and examine witnesses as to
such inailit!; and shall record the result.
Sta! of execution
92 . When Court ma! sta! executionI >$? 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! other
order 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 seiCed under an execution; the Court
which issued the execution ma! order the restitution of such propert! or the discharge of such person
pending the result of the application.
>-? &ower to reDuire securit! from; or impose conditions upon; Gudgment#detorI=efore maFing an order to
sta! execution; or for the restitution of propert! or the discharge of the Gudgment#detor; @9.2A@the Court shall
reDuireA 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 prevent
the 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 the
execution 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 in
an! Court against the holder of a decree of such Court @9.3A @or of a decree which is eing executed ! such
CourtA; on the part of the person against whom the decree was passed; the Court ma!; on such terms as to
securit! or otherwise; as it thinFs fit; sta! execution of the decree until the pending suit has een decided "
@9.%A @&rovided that if the decree is one for pa!ment of mone!; the Court shall; if it grants sta! without
reDuiring securit!; record its reasons for so doing.A
)ode of execution
-< . 7ecree for pa!ment of mone!I Ever! decree for the pa!ment of mone!; including a decree for the
pa!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 >$? Where the decree is for an! specific movale; or for an!
share in a specific movale; it ma! e executed ! the seiCure; if practicale; of the movale or share; and
! the deliver! thereof to the part! to whom it has een adGudged; or to such person as he appoints to
receive deliver! on his ehalf; or ! the detention in the civil prison of the Gudgment#detor; or ! the
attachment of his propert!; or ! oth.
>9? Where an! attachment under su#rule >$? has remained in force for @9.,A@three monthsA 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; in cases
where 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 is
ound to pa!; or where; at the end of @92<A@three monthsA from the date of attachment; no application to have
the 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 >$? Where the
part! against whom a decree for the specific performance of a contract; or for restitution of conGugal rights; or
for an inGunction; has een passed; has had an opportunit! of oe!ing the decree and has wilfull! failed to
oe! it; the decree ma! e enforced in the case of a decree for restitution of conGugal rights ! the
attachment of his propert! or; in the case of a decree for the specific performance of a contract or for an
inGunction ! his detention in the civil prison; or ! the attachment of his propert!; or ! oth.
>9? Where the part! against whom a decree for specific performance or for an inGunctions een passed is a
corporation; the decree ma! e enforced ! the attachment of the propert! of the corporation or; with the
leave of the Court ! the detention in the civil prison of the directors or other principal officers thereof; or !
oth attachment and detention.
>-? Where an! attachment under su#rule >$? or su#rule >9? has remained in force for @92$A@six monthsA if the
Gudgment#detor has not oe!ed the decree and the decree#holder has applied to have the attached propert!
sold; such propert! ma! e sold; and out of the proceeds the Court ma! award to the decree#holder such
compensation s it thinFs fit; and shall pa! the alance >if an!? to the Gudgment#detor on his application.
>4? Where the Gudgment#detor has oe!ed the decree and paid all costs of executing the same which he is
ound to pa!; or here; at the end of @929A@six monthsA from the date of the attachment; no application to have
the propert! sold has een made; or if made has een refused; the attachment shall cease.
>.? Where a decree for the specific performance of a contract or for an inGunction has not een oe!ed; the
Court ma!; in lieu of or in addition to all or an! of the processes aforesaid; direct that the act reDuired to e
done ma! e done so far as practicale ! the decree#holder or some other person appointed ! the Court;
at the cost of the Gudgment#detor; and upon the act eing done the expenses incurred ma! e ascertained
in such manner as the Court ma! direct and ma! e recovered as if the! were included in the decree.
(llustration
A; a person of little sustance; effects a uilding which renders uninhitale a famil! mansion elonging to =.
A; in spite of his detention in prison and the attachment of his propert!; declines to oe! a decree otained
against him ! = and directing him to revoe the uilding. 0he Court is of opinion that no sum realiCale ! the
sale of AKs propert! wold adeDuatel! compensate = for the depreciation in the value of his mansion. = ma!
appl! to the Court to remove the uilding and ma! revocer the cost of such removal from a in the execution#
proceedings.
-- . 7iscretion of Court in executing decrees for restitution of conGugl rightsI >$? *otwithstanding an!thing in
rule -9; the Court; either at the time of passing a decree agaisnt a husand for the restitution of conGugal
rights or at an! time afterwards; ma! order that the decree shall e executed in the manner provided in this
rule.
>9? Where the Court has made an order under su#rule >$?; it ma! order that; in the event of the decree not
eing oe!ed within such period as ma! e fixed in this ehalf; the Gudgment#detor shall maFe to the
decree#holder such periodical pa!ments as ma! e Gust; and; if it thinFs fit; reDuire that the Gudgment#detor
shall; to its satisfaction; secure to the decree#holder such periodical pa!ments.
>-? 0he Court ma! from time to time var! or modif! an! order made under su#rule >9? for the periodical
pa!ment of mone!; either ! altering the times of pa!ment or ! increasing or diminishing the amount; or
ma! temporila! suspend the same as to the whole or an! part of the mone! so ordered to e paid; and again
review the same; either wholl! or in part as it ma! thinF Gust.
>4? An! mone! ordered to e paid under this rule ma! e recovered as though it were pa!le under a decree
for the pa!ment of mone!.
-4 . 7ecree for executin of document; or endoresment of negotiale instrumentI >$? Where a decree is for
the execution of a document or for the endorsement for a negotiale instrument and the Gudgment#detor
neglects or refuses to oe! the decree; the decree#holder ma! prepare a draft of the document or
endoresement 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 notice
reDuiring 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 time;
and 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 Court
ma! 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 the
following form; namel! "I
EC.7.; Judge of the Court of
>or as the case ma! e?; for A.=. in suit ! E.:. against A.=.E
and shall have the same effect as the execution of the document or the endorsement of the negotiale
instrument ! the part! ordered to execute or endorese the same.
@92-A @>2? >a? Where the registration of the document is reDuired under an! law for the time eing in force; the
Court; or such officer of the court as ma! e authorised in this ehalf ! the Court; shall cause the document
to e registered in accordance with such law.
>? Where the registration of the doucment is not so reDuired; ut the decree#holder desires it to e
registered; 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 it
thinFgs fit as to the expenses of registration.A
-. . 7ecree for immovale propert!I >$? Where a decree is for the deliver! of an! immovale propert!;
possession thereof shall e delviered to the part! to whom it has een adGudged; or to such person as he
ma! appoint to receive deliver! on his ehalf; and; if necessar!; ! removing an! person ound ! the
decree who refuses to vacate the propert!.
>9? Where a decree is for the Goint possession of immovale propert!; such possession shall e delivered !
afixing a cop! of the warrant in some conspicuous place on the propert! and proclamining the eat of drum;
or other customar! mode; at some convenient place; the sustance of the decree.
>-? Where possession of an! uilding on enclosure is to e delivered and the person in possession; eing
ound ! the decree; does not afford free access; the Court; through its officers; ma!; after giving reasonale
warning and facilit! to an! woman not appearing in pulic according to the customs of the countr! to
withdraw; remove or open an! locF or olt or reaF open an! door or do an! other act necessar! for putting
the decree#holder in possession.
-2 . 7ecree for deliver! of immovale propert! when in occupanc! of tenantI Where a decree is for the
deliver! of an! immovale propert! in the occupanc! of a tenant or other person entitled to occup! the same
and not ound ! the decree to relinguish such occupanc!; the Court shall order deliver! to e made !
affixing a cop! of the warrant in some conspicuous place on the propert!; and proclaiming to the occupant !
eat of drum or other customar! mode; at some convenient place; the sustance of the decree in regard to
the propert!.
Arrest and detention in the civil prison
-3 . 7iscretionar! power to permit Gudgment detor to show cause against detention in prisonI >$?
*otwithstanding an!thing in these rules; where an application is for the execution of a decree for the
pa!ment of mone! ! the arrest and detention in the civil prison of a Gudgment#detor who is liale to e
arrested in pursuance of the application; the Court shall; instead of issuing a warrant for his arrest; issue a
notice 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; with
the oGect or effect of dela!ing the execution of the decree;the Gudgment# detor is liFel! to ascond or leave
the 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 all
convenient speed; unless the amount which he has een ordered to pa!; together with the interest thereon
and the costs >if an!? to which he is liale; e sooner paid.
-, . Susistence allowanceI >$? *o Gudgment#detor shall e arrested in execution of a decree unless and
until the decree#holder into Court such sum as the Judge thinFs sufficient for the susistence of the
Gudgment# detor from the time of his arrest until he can e rought efore the Court.
>9? Where a Gudgment#detor is committed to the civil prison in execution of a decree; the Court shall fix for
his susistence such monthl! allowance as he ma! e entitled to according to the seales fixed under section
.3; or; where no such scales have een fixed; as it considers sufficient with reference to the class to which
he elongs.
>-? 0he monthl! allowance fixed ! the Court shall e supplied ! the part! on whose application the
Gudgment#detor has een arrested ! monthl! pa!ments in advance efore the first da! of each month.
>4? 0he first pa!ment shall e made to the proper officer of the Court for such portion of the current month as
remains unexpired efore the Gudgment#detor is committed to the civil prison; and the suseDuent pa!ments
>if an!? shall e made to the officer in charge of the civil prison.
>.? Sums disursed ! the decree#holder for the susistence of the Gudgment#detor in the civil prison shall
e deemed to e costs in the suit "
&rovided that the Gudgment#detor shall not e detained in the civil prison or arrested on account of an! sum
so disursed.
4< . &roceedings on appearance of Gudement#detor in oedience to notice or after arrestI >$? When a
Gudgment#detor appears efore the Court in oedience to a notice issued under rule -3; or is rought efore
the Court after eing arrested in execution of a decree for the pa!ment of mone!; the Court shall proceed to
hear the decree#holder and taFe all such evidence as ma! e produced ! him in support of his application
for execution and shall then give the Gudgment#detor an opportunit! of showing cause wh! he should not e
committed to the civil prison.
>9? &ending the conclusion of the inDuir! under su#rule >$? the Court ma!; in its discretion; order the
Gudgment#detor to e detained in the custod! of an officer of the Court or release him on his furnishing
securit! to the satisfaction of the Court for his appearance when reDuired.
>-? /pon the conclusion of the inDuir! under su#rule >$? 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 civil
prison 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 a
specified period not exceeding fifteen da!s or release him on his furnishing securit! to the satisfaction of the
Court 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 @924A@>$?A Where a decree is for the pa!ment of
mone! the decree#holder ma! appl! to the Court for an order thatI
>a? 0he Gudgment#detor; or
>? @92.A@where the Gudgment#detor is a corporationA; an! officer thereof; or
>c? an! other person;
e orall! examined as to whether an! or what dets are owing to the Gudgment#detor and whether the
Gudgment#detor has an! and what other propert! or means of satisf!ing the decree; and the Court ma!
maFe an order for the attendance and examination of such Gudgment#detor; or officer or other person; and
for the production of an! ooFs or documents.
@922A @>9? Where a decree for the pa!ment of mone! has remained unsatisfied for a period of thirt! da!s; the
Court ma!; on the application of the decree#holder and without preGudice to its power under su#rule >$?; !
order reDuire the Gudgment#detor or where the Gudgment#detor is a corporation; an! officer thereof; to maFe
an 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 to
which the proceeding is transferred; ma! direct that the person disoe!ing the order e detained in the civil
prison for a term not exceeding three months unless efore the expir! of such term the Court directs his
release.A
49 . Attachment in case of decree for rent or mesne profits or other matter; amount of which to e
suseDuentl! determinedI Where a decree directs an inDuir! as to rent or mesne profits or an! other matter;
the propert! of the Gudgment#detor ma!; efore the amount due from him has een ascertained; e
attached; 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#detorI
Where the propert! to e attached is movale propert!; other than agricultural produce; in the possession of
the Gudgment#detor; the attachment shall e made ! actual seiCure; and the attaching officer shall Feep the
propert! in his own custod! or in the custod! of one of his suordinates; and shall e responsile for the due
custod! thereof"
&rovided that; when the propert! seiCed is suGect to speed! and natural deca!; or when the expense of
Feeping it in custod! is liFel! to exceed its value; the attaching officer ma! sell it at once.
@923A@4-A . Custod! of movale propert!I >$? Where the propert! attached consists of live#stocF; agricultural
implements or other articles which cannot convenientl! e removed and the attaching officer does not act
under the proviso to rule 4-; he ma!; at the instance of the Gudgment#detor or of the decree#holder or of an!
other person claiming to e interested in such propert!; leave it in the village or place where it has een
attached; in the custod! of an! respectale person >hereinafter referred to as the EcustodianE?.
>9? (f the custodian fails; after due notice; to produce such propert! at the place named ! the Court efore
the officer deputed for the purpose or to restore it to the person in whose favour restoration is ordered ! the
Court; or if the propert!; though so produced or restored; is not in the same condition as it was when it was
entrusted to him;I
>a? the custodian shall e liale to pa! compensation to the decree#holder; Gudgment#detor or an! other
person who is found to e entitled to the restoration thereof; for an! loss or damage cause ! his default; and
>? such liailit! ma! e enforcedI
>i? at the instance of the decree#holder; as if the custodian were a suret! under section $4.;
>ii? at the instance of the Gudgment#detor or such other person; on an application in execution; and
>c? an! order determining such liailit! shall e appealale as a decree.A
44 . Attachment of agricultural produceI Where the propert! to e attached is agricultural produce; the
attachment shall e made ! affixing a cop! of the warrant of attachment;I
>a? where such produce is a growing crop; on the land on which such crop has grown; or
>? where such produce has een cut or gathered; on the threshing floor or place for treading out grain or the
liFe or fodder#stacF on or in which it is deposited;
and another cop! on the outer door or on some other conspicuous part of the house in which the Gudgment#
detor ordinaril! resides or; with the leave of the Court; on the outer door or on some other conspicuous part
of the house in which he carries on usiness or personall! worFs for gain or in which he is Fnown to have last
resided or carried on usiness or personall! worFed for gain; and the produce shall thereupon e deemed to
have passed into the possession of the Court.
4. . &rovisions as to agricultural produce under attachmentI >$? Where agricultural produce is attached; the
Court shall maFe such arrangements for the custod! thereof as it ma! deem sufficient and; for the purpose of
enaling the Court to maFe such arrangements; ever! application for the attachment of a growing crop shall
specif! the time at which it is liFel! to e fit to e cut or gathered.
>9? SuGect to such conditions as ma! e imposed ! the Court in this ehalf either in the order of attachment
or in an! suseDuent order; the Gudgment#detor ma! tend; cut; gather and store the produce and do an!
other act necessar! for maturing or preserving it; and if the Gudgment#detor fails to do all or an! of such acts;
the decree#holder ma!; with the permission of the Court and suGect to the liFe conditions; do all or an! of
them either ! himself or ! an! person appointed ! him in this ehalf and the costs incurred ! the decree#
holder shall e recoverale from the Gudgment#detor as if the! were included in; or formed part of; the
decree.
>-? Agricultural produce attached as a growing crop shall not e deemed to have ceased to e under
attachment or to reDuire re#attachment merel! ecause it has een severed from the soil.
>4? Where an order for the attachment of a growing crop has een made at a considerale time efore the
crop is liFel! to e fit to e cut or gathered; the Court ma! suspend the execution of the order for such time
as it thinFs fit; and ma!; in its discretion; maFe a further order prohiiting the removal of the crop pending the
execution of the order of attachment.
>.? A growing crop which from its nature does not admit of eing stored shall not e attached under the rule
at an! time less than twent! da!s efore the time at which it is liFel! to e fit to e cut or gathered.
42. Attachment of det; share and other propert! not in possession of Judgment#detor I >$? (n the case of
I
>a? a det not secured ! a negotiale instrument;
>? a share in the capital of a corporation;
>c? other movale propert! not in the possession of the Gudgment# detor; except propert! deposited in; or in
the custod! of; an! Court;
the attachment shall e made ! a written order prohiiting;I
>i? in the case of the det; the credit or from recovering the det and the detor from maFing pa!ment thereof
until the further order of the Court;
>ii? in the case of the share; the person in whose name the share ma! e standing from transferring the same
or receiving an! dividend thereon;
>iii? in the case of the other movale propert! except as aforesaid; the person in possession of the same from
giving it over to the Gudgment#detor.
>9? A cop! of such order shall e affixed on some conspicuous part of the court#house; and another cop!
shall e sent in the case of the det; to the detor; in the case of the share; to the proper officer of the
corporation and; in the case of the other movale propert! >except as aforesaid?; to the person in possession
of the same.
>-? A detor prohiited under clause >i? of su#rule >$? ma! pa! the amount of his det into Court; and such
pa!ment shall discharge him as effectuall! as pa!ment to the part! entitled to receive the same.
@92%A@42A . *otice to garnisheeI >$? 0he Court ma! in the case of a det >other than a det secured ! a
mortgage or a charge? which has een attached under rule 42; upon the application of the attaching creditor;
issue notice to the garnishee liale to pa! such det; calling upon him either to pa! into Court the det due
from him to the Gudgment#detor or so much thereof as ma! e sufficient to satisf! the decree and costs of
execution; 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 in
the 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 much
thereof as is sufficient to satisf! the decree and the costs of the execution; the Court ma! direct that the
amount 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 of
execution; and does not appear and show cause in answer to the notice; the Court ma! order the garnishee
to compl! with the terms of such notice; and on such order; execution ma! issue as though such order were
a decree against him.
42C . 0rial of disputed DuestionsI Where the garnishee disputes liailit!; the Court ma! order that an! issue
or Duestion necessar! for the determination of liailit! shall e tried as if it were an issue in a suit; and upon
the 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 of
mone! 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 same
manner 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 that
the det elongs to some third person; or that an! third person has a lien or charge on; or other interest in
such det; the Court ma! order such third person to appear and state the nature and particulars of his claim;
if 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 so
ordered; the Court ma! maFe such order as is hereinefore provided; or such other order or orders upon
such terms; if an!; with respect to the lien; charge or interest; as the case ma! e; of such third or other
person 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 rule
42A or under an! such order as aforesaid shall e a valid discharge to him as against the Gudgment#detor
and an! other person ordered to appear as aforesaid for the amount paid or levied; although the decree in
execution of which the application under rule 42A was made; or the order passed in the proceedings on such
application ma! e set aside or reversed.
421 . CostsI 0he costs of an! application made under rule 42A and of an! proceeding arising therefrom or
incidental 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 far
as ma! e; appl! in relation to negotiale instruments attached under rule .$ as the! appl! in relation to
dets.A
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 shall
e made ! a notice to the Gudgment#detor prohiiting him from transferring the share or interest or charging
it 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 a
servant of a railwa! compan! or local authorit! @92,A@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 in
section 2$3 of the Companies Act; $,.2 >$ of $,.2?A the Court; whether the Gudgment#detor or the
disursing officer is or is not within the local limits of the CourtKs Gurisdiction; ma! order that the 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 such officer as the
appropriate 1overnment ma! e notification in the 6fficial 1aCette appoint in this ehalf;I
>a? where such salar! or allowances are to e disursed within the local limits to which this Code for the time
eing extends; the officer or other person whose dut! it is to disurse the same shall withhold and remits to
the 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 person
within those limits whose dut! it is to instruct the disursing authorit! regarding the amount of the salar! or
allowances 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 the
amounts from time to time; to e disursed ! the aggregate of the amounts from time to time remitted to the
Courts.
>9? Where the attachale proportion of such salar! or allowances is alread! eing withheld and remitted to a
Court in pursuance of a previous and unsatisfied order of attachment; the officer appointed ! the
appropriate 1overnment in this ehalf shall forthwith return the suseDuent order to the Court issuing it with
a full statement of all the particulars of the existing attachment.
@93<A @>-? 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! or
local authorit! or corporation or 1overnment compan!; as the case ma! e; while the Gudgment#detor is
within the local limits to which this Code for the time eing extends and while he is e!ond those limits; if he
is 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 1overnment
Compan! in (ndia; and the appropriate 1overnment or the railwa! compan! or local authorit! or corporation
or 1overnment compan!; as the case ma! e; shall e liale for an! sum paid in contravention of the rule.A
@93$A @Explanation.I(n this rule; Eappropriate 1overnmentE means;I
>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 a
corporation engaged in an! trade or industr! which is estalished ! Central Act; or an! servant of a
1overnment compan! in which an! part of the share capital is held ! the Central 1overnment or ! more
than one State 1overnments or partl! ! the Central 1overnment and partl! ! one or more State
1overnments; 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; or
a servant of an! other 1overnment compan!; the State 1overnment.A
@939A@4%A . Attachment of salar! or allowances of private emplo!eesI >$? Where the propert! to e attached
is the salar! or allowances of an emplo!ee other than an emplo!ee to whom rule 4% applies; the Court;
where the disursing officer of the emplo!ee is within the local limits of the CourtKs Gurisdiction; ma! order that
the amount shall; suGect to the provisions of section 2<; e withheld from such salar! or allowances either in
one pa!ment or ! monthl! instalments as the Court ma! direct; and upon notice of the order to such
disursing officer; such disursing officer shall remit to the Court the amount due under the order; or the
monthl! instalments; as the case ma! e.
>9? Where the attachale portion of such salar! or allowances is alread! eing withheld or remitted to the
Court in pursuance of a previous and unsatisfied order of attachment; the disursing officer shall forthwith
return the suseDuent order to the Court issuing it with a full statement of all the particulars of the existing
attachment.
>-? Ever! order made under this rule; unless it is returned in accordance with the provisions of su#rule >9?;
shall; without further notice or other process; ind the emplo!er while the Gudgment#detors is within the local
limits to which this Code for the time eing extents and while he is e!ond those#limits; if he is in receipt of
salar! or allowances pa!ale out of the funds of an emplo!er in an! part of (ndia; and the emplo!er shall e
liale for an! sum paid in contravention of this rule.A
4, . Attachment of partnership propert!I >$? Save as otherwise provided ! this rule; propert! elonging to a
partnership shall not e attached or sold in execution of a decree other than a decree passed against the firm
or 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 the
interest of such partner in the partnership propert!; and profits with pa!ment of the amount due under the
decree; and ma!; ! the same or a suseDuent order; appoint a receiver of the share of such partner in the
profits >whether alread! declared or accruing? and of an! other mone! which ma! e coming to him in
respect of the partnership; and direct accounts and inDuiries and maFe an order for the sale of such interest
or 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 his
partners or such of them as are within (ndia.
>.? Ever! application made ! an! partner of the Gudgment#detor under su#rule >-? shall e served on the
decree#holder and on the Gudgment#detor; and on such of the other partners as do not Goin in the application
and 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 orders
made 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 has
admitted 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 to
appear"
&rovided that nothing in this su#rule shall e deemed to limit or otherwise affect the provisions of @93-A
@section -< of the (ndial &artnership Act; $,-9 >, of $,-9?A.
>9? Where the decree#holder claims to e entitled to cause the decree to e executed against an! person
other than such a person as is referred to in su#rule >$?; clauses >? and >c?; as eing a partner in the firm he
ma! appl! to the Court which passed the decree for leave; and where the liailit! is not disputed; such court
ma! grant such leave; or; where such liailit! is disputed; ma! order that the liailit! of such person e tried
and determined in an! manner in which an! issue in a suit ma! e tried and determined.
>-? Where the liailit! of an! person has een tried and determined under su#rule >9? the order made
thereon shall have the same force and e suGect to the same conditions as to appeal or otherwise as if it
were a decree.
>4? Save as against an! propert! of the partnership; a decree against a firm shall not lease; render liale or
otherwise affect an! partner therein unless he has een served with a summons to appear and answer.
@934A @>.? *othing in this rule shall appl! to a decree passed against a Hindu /ndivided :amil! ! virtue of
the provision of rule $< of 6rder 555.A
.$ . Attachment of negotiale instrumentsI Where the propert! is a negotiale instrument not deposited in a
Court; not in the custod! of a pulic officer; the attachment shall e made ! actual seiCure; and the
instrument shall e rought into Court and held suGect to further orders of the Court.
.9 . Attachment of propert! in custod! of Court or pulic officerI Where the propert! to e attached is in the
custod! of an! Court or pulic officer; the attachment shall e made ! a notice to such Court or officer;
reDuesting that such propert!; and an! interest or dividend ecoming pa!ale thereon; ma! e held suGect
to the further orders of the Court from which the notice is issued"
&rovided that; where such propert! is in the custod! of a Court; an! Duestion of title or priorit! arising
etween the decree#holder and an! other person; not eing the Gudgment#detor; claiming to e interested in
such propert! ! virtue of an! assignment; attachment or otherwise; shall e determined ! such Court.
.- . Attachment of decreesI >$? Where the propert! to e attached is a decree; either for the pa!ment of
mone! or for sale in enforcement of a mortgage or charge; the attachment shall e made;I
>a? if the decrees were passed ! the same Court; then ! order of such Court; and
>? if the decree sought to e attached was passed ! another Court; then ! the issue to such other Court of
a notice ! the Court which passed the decree sought to e executed; reDuesting such other Court to sta!
the execution of its decree unless and untilI
>i? the Court which passed the decree sought to e executed cancels the notice; or
@93.A @>ii? >a? the holder of the decree sought to e executed; or
>? his Gudgment#detor with the previous consent in writing of such decree#holder; or with the permission of
the attaching Court;
applies to the Court receiving such notice to execute the attached decree.A
>9? Where a Court maFes an order under clause >a? of su#rule >$?; or receives an application under suhead
>ii? of clause >? of the said su#rule; it shall; on the application of the creditor who has attached the decree or
his Gudgment#detor; proceeds to execute the attached decree and appl! the net proceeds in satisfaction of
the decree sought to e executed.
>-? 0he holder of a decree sought to e executed ! the attachment of another of decree the nature specified
in su#rule >$? shall e deemed to e the representative of the holder of the attached decree and to e
entitled to executive such attached decree in an! manner lawful for the holder thereof.
>4? Where the propert! to e attached in the execution of a decree is a decree other than a decree of the
nature referred to in su#rule >$? the attachment shall e made ! a notice ! the Court which passed the
decree sought to e executed; to the holder of the decree sought to e attached; prohiiting him from
transferring or charging the same in an! wa!; and; where such decree has een passed ! an! other Court;
also ! sending to such other Court a notice to astain from executing the decree sought to e attached until
such notice is cancelled ! the Court from which it was sent.
>.? 0he holder of a decree attached under this rule shall give the Court executing the decree such
information and aid as ma! reasonal! e reDuired.
>2? 6n the application of the holder of a decree sought to e executed ! the attachment of another decree;
the 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 @932A@with Fnowledge thereof orA after receipt of notice
thereof; either through the Court or otherwise; shall e recogniCed ! an! Court so long as the attachment
remains in force.
.4 . Attachment of immovale propert!I >$? Where the propert! is immovale; the attachment shall e made
! an order prohiiting the Gudgment#detor from transferring or charging the propert! in an! wa!; and all
persons from taFing an! enefit from such transfer or charge.
@933A @>$A? 0he order shall also reDuire the Gudgment#detor to attend Court on a specified date to taFe notice
of the date to e fixed for settling the terms of the proclamation of sale.A
>9? 0he order shall e proclaimed at some place on or adGacent to such propert! ! eat of drum or other
customar! mode; and a cop! of the order shall e affixed on a conspicuous part of the propert! and then
upon a conspicuous part of the court#house; and also; where the propert! is land pa!ing revenue to the
1overnment in the office of the Collector of the district in which the land is situate @93%A@and; where the
propert! is land situate in a village; also in the office of the 1ram &ancha!at; if an!; having Gurisdiction over
that village.A
.. . 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 withdrawal
shall; if the Gudgment#detor so desires; e proclaimed at his expense; and a cop! of the proclamation shall
e 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 the
attachment; 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,A@.3 . 7etermination of attachmentI >$? Where an! propert! has een attached in execution of a decree
and the Court; for an! reason; passes an order dismissing the application for the execution of the decree; the
Court shall direct whether the attachment shall continue or cease and shall also indicate the period up to
which such attachment shall continue or the date on which such attachment shall cease.
>9? (f the Court omits to give such direction; the attachment shall e deemed to have ceased.A
@9%<A @AdGudication of claims and oGections
.% . AdGudication of claims to; or oGections to attachment of; propert!I >$? Where an! claim is preferred to;
or an! oGection is made to the attachment of; an! propert! attached in execution of a decree on the ground
that such propert! is not liale to such attachment; the Court shall proceed to adGudicate upon the claim or
oGection 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? arising
etween the parties to a proceeding or their representatives under this rule and relevant to the adGudication
of the claim or oGection; shall e determined ! the Court dealing with the claim or oGection and not ! a
separate suit.
>-? /pon the determination of the Duestions referred to in su# rule >9?; the Court shall; in accordance with
such determination;I
>a? allow the claim or oGection and release the propert! from attachment either wholl! or to such extent as it
thinFs 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 shall
have 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 >$?; refuses to
entertain it; the part! against whom such order is made ma! institute a suit to estalish the right which he
claims to the propert! in dispute; ut; suGect to the result of such suit; if an!; an order so refusing to entertain
the claims or oGection shall e conclusive.
., . Sta! of saleI Where efore the claim was preferred or the oGection was made; the propert! attached
had alread! een advertised for sale; the Court ma!I
>a? if the propert! is movale; maFe an order postponing the sale pending the adGudication of the claim or
oGection; or
>? if the propert! is immovale; maFe an order that; pending the adGudication of the claim or oGection; the
propert! shall not e sold; or; that pending such adGudication; the propert! ma! e sold ut the sale shall not
e confirmed;
and an! such order ma! e made suGect to such terms and conditions as to securit! or otherwise as the
Court thinFs fit.A
2< to 2-. @6mittedA.
Sale genrall!
24 . &ower to order propert! attached to e sold and proceeds to e paid to person entitledI An! Court
executing a decree ma! order that an! propert! attached ! it and liale to sale; or such portion thereof as
ma! see necessar! to satisf! the decree; shall e sold; and that the proceeds of such sale; or a sufficient
portion thereof; shall e paid to the part! entitled under the decree to receive the same.
2. . Sales ! whom conducted and how madeI Save as otherwise prescried; ever! sale in execution of a
decree shall e conducted ! an officer of the Court or ! such other person as the Court ma! appoint in this
ehalf; and shall e made ! pulic auction in manner prescried.
22 . &roclamation of sales ! pulic auctionI >$? Where an! propert! is ordered to e sold ! pulic auction
in execution of a decree; the Court shall cause a proclamation of the intended sale to e made in the
language of such Court.
>9? Such proclamation shall e draw up after notice to the decree#holder and the Gudgment#detor and shall
state the time and place of sale; and specif! as fairl! and accuratel! as possileI
>a? the propert! to e sold @9%$A@or; where a part of the propert! would e sufficient to satisf! the decree;
such partA;
>? the revenue assessed upon the estate; where the propert! to e sold is an interest in an estate or in part
of an estate pa!ing revenue to the 1overnment;
>c? an! incumrance to which the propert! is liale;
>d? the amount for the recover! of which the sale is ordered; and
>e? ever! other thing which the Court considers material for a purchaser to Fnow in order to Gudge of the
nature and value of the propert!"
@9%9A @&rovided that where notice of the date for settling the terms of the proclamation has een given to the
Gudgement#detor ! means of an order under rule .4; it shall not e necessar! to give notice under this rule
to the Gudgment#detor unless the Court otherwise directs"
&rovided further that nothing in this rule shall e construed as reDuiring the Court to enter in the proclamation
of sale its own estimate of the value of the propert!; ut the proclamation shall include the estimate if an!;
given; ! either or oth of the parties.A
>-? Ever! application for an order for sale under this rule shall e accompanied ! a statement signed and
verified in the manner hereinefore prescried for the signing and verification of pleadings and containing; so
far as the! are Fnown to or can e ascertained ! the person maFing the verification; the matters reDuired !
su#rule >9? to e specified in the proclamation.
>4? :or the purpose of ascertaining the matters to e specified in the proclamation; the Court ma! summon
an! person whom it thinFs necessar! to summon and ma! examine him in respect to an! such matters and
reDuire him to produce an! document in his possession or power relating thereto.
23 . )ode of maFing proclamationI >$? 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 1aCette or in a local
newspaper; 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! to
maFe a separate proclamation for each lot; unless proper notice of the sale cannot; in the opinion of the
Court; otherwise e given.
2% . 0ime of saleI Save in the case of propert! of the Find descried in the proviso to rule 4-; no sale
hereunder shall; without the consent in writing of the Gudgment#detor; taFe place until after the expiration of
at least @9%-A@fifteen da!sA in the case of immovale propert!; and of at least @9%4A@seven da!sA in the case of
movale propert!; calculated from the date on which the cop! of the proclamation has een affixed on the
court#house of the Judge ordering the sale.
2, . AdGournment or stoppage of saleI >$? 0he Court ma!; in its discretion; adGourn an! sale hereunder to a
specified da! and hour; and the officer conducting an! such sale ma! in his discretion adGourn the sale;
recording his reasons for such adGournment"
&rovided that; where the sale is made in; or within the precincts of; the court#house; no such adGournment
shall e made without the leave of the Court.
>9? Where a sale is adGourned under su#rule >$? or a longer period than @9%.A@thirt!A da!s a fresh
proclamation 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 the
sale? are tendered to the officer conducting the sale; or proof is given to his satisfaction that the amount of
such det and costs has een paid into the Court which ordered the sale.
3< . @Saving of certain sales.A 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 a
re#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 or
the Gudgment#detor; e recoverale from the defaulting purchaser under the provisions relating to the
execution of a decree for the pa!ment of mone!.
39 . 7ecree holder not to id for or u! propert! without permissionI >$? *o holder of a decree in execution
of which propert! is sold shall; without the express permission of the Court; id for or purchase the propert!.
>9? Where decree#holder purchases; amount of decree ma! e taFen as pa!mentIWhere a decree#holder
purchases with such permission; the purchase#mone! and the amount due on the decree ma!; suGect to the
provisions of section 3-; e set off against one another; and the Court executing the decree small enter up
satisfaction of the decree in whole or in part accordingl!.
>-? Where a decree#holder purchases; ! himself or through another person; without such permission; the
Court ma!; if it thinFs fit; on the application of the Gudgment#detor or an! other person whose interests are
affected ! the sale; ! order set aside the sale; and the costs of such application and order; and an!
deficienc! of price which ma! happen on the re#sale and all expenses attending it; shall e paid ! the
decree#holder.
@9%2A@39A . )ortgagee not to id at sale without the leave of the CourtI >$? *otwithstanding an!thing
contained 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 the
mortgagee; 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 the
propert! 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.A
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 in
the propert! sold.
Sale of movale propert!
34 . Sale of agricultural produceI >$? Where the propert! to e sold is agricultural produce; the sale shall e
held;I
>a? if such produce is a growing crop; on or near the land on which such crop has grown; or
>? if such produce has een cut or gathered; at or near the threshing floor or place for treading out grain or
the liFe or fodder#stacF on or in which it is deposited"
&rovided that the Court ma! direct the sale to e held at the nearest place of pulic resort; if it is of opinion
that the produce is there! liFel! to sell to greater advantage.
>9? Where; on the produce eing put up for sale;I
>a? a fair price; in the estimation of the person holding the sale; is not offered for it; and
>? the owner of the produce or a person authoriCed to act in his ehalf applies to have the sale postponed till
next da! or; if a marFet is held at the place of sale; the next marFet#da!;
the sale shall e postponed accordingl! and shall e then completed; whatever price ma! e offered for the
produce.
3. . Special provisions relating to growing cropsI >$? Where the propert! to e sold is a growing crop and
the crop from its nature admits of eing stored ut has not !et een stored; the da! of the sale shall e so
fixed as to admit of its eing made read! for storing efore the arrival of such da!; and the sale shall not e
held 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 gathered
and the purchaser shall e entitled to enter on the land; and to do all that is necessar! for the purpose of
tending and cutting or gathering it.
32 . *egotiale instruments and shares in corporationsI Where the propert! to e sold is a negotiale
instrument or a share in a corporation; the Court ma!; instead of directing the sale to e made ! pulic
auction; authoriCe the sale of such instrument or share through a roFer.
33 . Sale ! pulic auctionI >$? Where movale propert! is sold ! pulic auction the price of each lot shall
e paid at the time of sale or as soon after as the officer or other person holding the sale directs; and in
default of pa!ment the propert! shall forthwith e re#sold.
>9? 6n pa!ment of the purchase#mone!; the officer or other person holding the sale shall grant a receipt for
the same; and the sale shall ecome asolute.
>-? Where the movale propert! to e sold is a share in goods elonging to the Gudgment#detor and a co#
owner; and two or more persons; of whom one is such co#owner; respectivel! id the same sum for such
propert! or for an! lot; the idding shall e deemed to e the idding of the co#owner.
3% . (rregularit! not to vitiate sale; ut an! person inGured ma! sueI *o irregularit! in pulishing or
conducting the sale of movale propert! shall vitiate the sale; ut an! person sustaining an! inGur! ! reason
of such irregularit! at the hand of an! other person ma! institute a suit against him for compensation or >if
such other person is the purchaser? for the recover! of the specific propert! and for compensation in default
of such recover!.
3, . 7eliver! of movale propert!; dets and sharesI >$? Where the propert! sold is movale propert! of
which actual seiCure 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 possession
prohiiting 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 corporation;
the deliver! thereof shall e made ! a written order of the Court prohiiting the creditor from receiving the
det 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 of
the share to an! person except the purchaser; or receiving pa!ment of an! dividend or interest thereon; and
the manager; secretar! or other proper officer of the corporation from permitting an! such transfer or maFing
an! such pa!ment to an! person except the purchaser.
%< . 0ransfer of negotiale instruments and sharesI >$? Where the execution of a document or the
endorsement of the part! in whose name a negotiale instrument or a share in a corporation is standing is
reDuired to transfer such negotiale instrument or share; the Judge or such officer as he ma! appoint in this
ehalf ma! execute such document or maFe such endorsement as ma! e necessar!; and such execution or
endorsement shall have the same effect as an execution or endorsement ! the part!.
>9? Such execution or endorsement ma! e in the following form; namel!"I
A.=. ! C.7. Judge of the Court of >or as the case ma! e?; in a suit ! E.:. against A.=.
>-? /ntil the transfer of such negotiale instrument or share; the Court ma!; ! order appoint some person to
receive an! interest or dividend due thereon and to sign a receipt for the same; and an! receipt so signed
shall e as valid and effectual for all purposes as if the same had een signed ! the part! himself.
%$ . 8esting order in case of other propert!I (n the case of an! movale propert! not hereinefore provided
for; the Court ma! maFe an order vesting such propert! in the purchaser or as he ma! direct; and such
propert! 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 >$?Where an order for the
sale of immovale propert! has een made; if the Gudgment#detor can satisf! the Court that there is reason
to elieve that the amount of the decree ma! e raised ! the mortgage or lease or private sale of such
propert!; or some part thereof; or of an! other immovale propert! of the Gudgment#detor; the Court ma!; on
his application; postpone the sale of the propert! comprised in the order for sale on such terms and for such
period as it thinFs proper; to enale him to raise the amount.
>9? (n such case the Court shall grant a certificate to the Gudgment#detor authoriCing him within a period to
e mentioned therein; and notwithstanding an!thing contained in section 24; to maFe the proposed
mortgage; lease or sale"
&rovided that all mone!s pa!ale under such mortgage; lease or sale shall e paid; not to the Gudgment#
detor; ut; save in so far as a decree#holder is entitled to set#off such mone! under the provisions of rule 39;
into Court"
&rovided also that not mortgage; lease or sale under this rule shall ecome asolute until it has een
confirmed ! the Court.
>-? *othing in this rule shall e deemed to appl! to a sale of propert! directed to e sold in execution of a
decree for sale in enforcement of a mortgage of; or charge on; such propert!.
%4 . 7eposit ! purchaser and re#sale on defaultI >$? 6n ever! sale of immovale propert! the person
declared to e the purchaser shall pa! immediatel! after such declaration a deposit of twent!#five per cent;
on the amount of his purchase#mone! to the officer or other person conducting the sale; and in default of
such 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; the
Court 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 of
an! 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 last
preceding rule; the deposit ma!; if the Court thinFs fit; after defra!ing the expenses of the sale; e forfeited to
the 1overnment; and the propert! shall e re#sold; and the defaulting purchaser shall forfeit all claim to the
propert! 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 the
manner 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 immovale
propert! and two or more persons; or whom one is a co#sharer; respectivel! id the same sum for such
propert! or for an! lot; the id shall e deemed to e the id of the co#sharer.
%, . Application to set aside sale on depositI >$? Where immovale propert! has een sold in execution of a
degree; @9%3A@an! person claiming an interest in the propert! sold at the time of the sale or at the time of
maFing the application; or acting for or in the interest of such person;A ma! appl! to have the sale set aside
on his deposition in Court;I
>a? for pa!ment to the purchaser; a sum eDual to five per cent of the purchase#mone!; and
>? for pa!ment; to the decree#holder; the amount specified in the proclamation of sale as that for the
recover! of which the sale was ordered less an! amount which ma!; since the date of such proclamation of
sale; have een received ! the decree# holder.
>9? Where a person applies under rule ,< to set aside the sale of his immovale propert!; he shall not unless
he withdraws his application; e entitled to maFe or prosecute an application under this rule.
>-? *othing in this rule shall relieve the Gudgment#detor from an! liailit! he ma! e under in respect of costs
and interest not covered ! the proclamation of sale.
@9%%A@,< . Application to set aside sale on ground of irregularit! or fraudI >$? Where an! immovale propert!
has een sold in execution of a decree; the decree#holder; or the purchaser; or an! other person entitled to
share in a rateale distriution of assets; whose interests are affected ! the sale; ma! appl! to the Court to
set 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; upon
the facts proved; the Court is satisfied that the applicant has sustained sustantial inGur! ! reason of such
irregularit! or fraud.
>-? *o application to set aside a sale under this rule shall e entertained upon an! ground which the
applicant 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 a
ground for setting aside a sale under this rule.A
,$ . Application ! purchaser to set aside sale on ground of Gudgment#detor having no saleale interestI
0he purchaser at an! such sale in execution of a decree ma! appl! to the Court to set aside the sale; on the
ground 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 the
sale; and thereupon the sale shall ecome asolute"
@9%,A@&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 the
final disposal of such claim or oGection.A
>9? Where such application is made and allowed; and where; in the case of an application under rule %,; the
deposit reDuired ! that rule is made within thirt! da!s from the date of sale; @9,<A@or in cases where the
amount deposited under rule %, is found to e deficient owing to an! clerical or arithmetical mistaFe on the
part of the depositor and such deficienc! has een made good within such time as ma! e fixed ! the
Court; the Court shall maFe an order setting aside the saleA"
&rovided that no order shall e made unless notice of the application has een given to all persons affected
there!.
>-? *o suit to set aside an order made under this rule shall e rought ! an! person against whom such
order is made.
@9,$A @>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 the
mone! to the auction#purchaser; and where such an order is passed the execution proceeding in which the
sale had een held shall; unless the Court directs; e revived at the stage at which the sale was ordered.A
,- . Return of purchase#mone! in certain casesI Where a sale of immovale propert! is set aside under
rule ,9; the purchaser shall e entitled to an order for repa!ment of his purchase#mone!; with or without
interest 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 shall
grant a certificate specif!ing the propert! sold and the name of the person who at the time of sale of is
declared 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 the
occupanc! of the Gudgment#detor or of some person on his ehalf or of some person claiming under a title
created ! the Gudgment#detor suseDuentl! to the attachment of such propert! and a certificate in respect
thereof 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 ehalf
in 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 or
other person entitled to occup! the same and a certificate in respect thereof has een granted under rule ,4;
the 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 of
drum or other customar! mode; at some convenient place; that the interest of the Gudgment#detor has een
transferred 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 for
the possession of immovale propert! or the purchaser of an! such propert! sold in execution of a decree is
resisted or ostructed ! an! person in otaining possession of the propert!; he ma! maFe an application to
the Court complaining of such resistance or ostruction.
@9,9A@>9? Where an! application is made under su#rule >$?; the Court shall proceed to adGudicate upon the
application in accordance with the provisions herein contained.A
@9,-A @,% . 6rders after adGudicationI >$? /pon the determination of the Duestions referred to in rule $<$; the
Court 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 the
propert! 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 occasioned
without 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; it
shall direct that the applicant e put into possession of the propert!; and where the applicant is still resisted
or 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 a
term which ma! extend to thirt! da!s.
,, . 7ispossession ! decree#holder or purchaserI >$? Where an! person other than the Gudgment#detor is
dispossessed of immovale propert! ! the holder of a decree for possession of such propert! or; where
such propert! has een sold in execution of a decree; ! the purchaser thereof; he ma! maFe an application
to the Court complaining of such dispossession.
>9? Where an! such application is made; the Court shall proceed to adGudicate upon the application in
accordance with the provisions herein contained.
$<< . 6rder to e passed upon application complaining of dispossessionI /pon the determination of the
Duestions referred to in rule $<$; the Court shall; in accordance with such determination;I
>a? maFe an order allowing the application and directing that the applicant e put into the possession of the
propert! 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 the
propert!? arising etween the parties to a proceeding on an application under rule ,3 or rule ,, or their
representatives; 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!thing
to the contrar! contained in an! other law for the time eing in force; e deemed to have Gurisdiction to
decide such Duestions.
$<9 . Rules not applicale to transferee =(pendent liteI *othing in rules ,% and $<< shall appl! to resistance
or 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 passed
or to the dispossession of an! such person.
ExplanationI(n this rule; EtransferE includes a transfer ! operation of law.
$<- . 6rders to e treated as decreesI Where an! application has een adGudicated upon under rule ,% or
rule $<< the other made thereon shall have the same force and e suGect to the same conditions as to an
appeal or otherwise as if it were a decree.A
@9,4A@$<4 . 6rder under rule $<$ or rule $<- to e suGect to the result or pending suitI Ever! order made
under rule $<$ or rule $<- shall e suGect to the result of an! suit that ma! e pending on the date of
commencement of the proceeding in which such order is made; if in such suit the part! against whom the
order under rule $<$ or rule $<- is made has sought to estalish a right which he claims to the present
possession of the propert!.
$<. . Hearing of applicationI >$? 0he Court; efore which an application under an! of the foregoing rules of
this 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 not
appear when the case is called on for hearing; the Court ma! maFe an order that the application e
dismissed.
>-? Where the applicant appears and the opposite part! to whom the notice has een issued ! the Court
does not appear; the Court ma! hear the application ex parte and pass such order as it thinFs fit.
Explanation.IAn application referred to in su#rule >$? includes a claim or oGection made under rule .%.
$<2 . Setting aside order passed =(ex parte; etc.I >$? 0he applicant; against whom an order is made under
su#rule >9? rule $<. or the opposite part! against whom an order is passed ex parte under su#rule >-? of
that rule or under su#rule >$? of rule 9-; ma! appl! to the Court to set aside the order; and if he satisfies the
Court that there was sufficient cause for his non# appearance when the application was called on for hearing;
the Court shall set aside the order or such terms as to costs; or otherwise as it thinFs fit; and shall appoint a
da! for the further hearing of the application.
>9? *o order shall e made on an application under su#rule >$? unless notice of the application has een
served on the other part!.
>-? An application under su#rule >$? shall e made within thirt! da!s from the date of the order; or where; in
the case of an ex parte order; the notice was not dul! served; within thirt! da!s from the date when applicant
had Fnowledge of the order.A
ORDER ))II& DEAT-, $ARRIA(E AND INSO#*ENC% OR PARTIES
$ . *o aatement ! part!Ks death if right to sue survivesI 0he death of a plaintiff or defendant shall not
cause the suit to aate if the right to sue survives.
9 . &rocedure where one of several plaintiffs or defendants dies and right to sue survivesI Where there are
more plaintiffs or defendants than one; and an! of them dies; and where the right to sue survives to the
surviving plaintiff or plaintiffs alone; or against the surviving defendant or defendants alone; the Court shall
cause an entr! to the effect to e made on the record; and the suit shall proceed at the instance of the
surviving plaintiff or plaintiffs; or against the surving defendant or defendants.
- . &rocedure in case of death of one of several plaintiffs or of sole plaintiffI >$? Where one of two or more
plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone; or a sole plaintiff
or sole surviving plaintiff dies and the right to the sue survives; the Court; on an application made in that
ehalf; shall cause the legal representative of the deceased plaintiff to e made a part! and shall proceed
with the suit.
>9? Where within the time limited ! law no application is made under su#rule >$?; the suit shall aate so far
as the deceased plaintiff is concerned; and; on the application of the defendant; the Court ma! award to him
the costs which he ma! have incurred in defending the suit; to e recovered from the estate of the deceased
plaintiff.
4 . &rocedure in case of death of one of several defendants or of sole defendantI >$? Where one of two or
more defendants dies and the right to sue does not survive against the surviving defendant or defendants
alone; or a sole defendant or sole surviving defendant dies and the right to sue survives; the Court; on an
application made in that ehalf; shall cause the legal representative of the deceased defendant to e made a
part! and shall proceed with the suit.
>9? An! person so made a part! ma! maFe an! defence appropriate to his character as legal representative
of the deceased defendant.
>-? Where within the time limited ! law no application is made under su#rule >$?; the suit shall aate as
against the deceased defendant.
@9,.A @>4? 0he Court whenever it thinFs fit; ma! exempt the plaintiff from the necessit! of sustituting the legal
representatives of an! such defendant who has failed to file a written statement or who; having filed it; has
failed to appear and contest the suit at the hearing; and Gudgment ma!; in such case; e pronounced against
the said defendant not withstanding the death of such defendant and shall have the same force and effect as
if it has een pronounced efore death tooF place.
>.? WhereI
>a? the plaintiff was ignorant of the death of a defendant; and could not; for that reason; maFe an application
for the sustitution of the legal representative of the defendant under this rule within the period specified in
the 'imitation Act; $,2- >-2 of $,2-? and the suit has; in conseDuence; aated; and
>? the plaintiff applies after the expir! of the period specified therefor in the 'imitation Act; $,2- >-2 of $,2-?;
for setting aside the aatement and also for the admission of that application under section . of that Act on
the ground that he had; ! reason of such ignorance; sufficient cause for not maFing the application within
the period specified in the said Act;
the Court shall; in considering the application under the said section .; have due regard to the fact of such
ignorance; if proved.A
@9,2A@4A . &rocedure where there is no legal representativeI >$? (f; in an! suit; it shall appear to the Court
that an! part! who has died during the pendenc! of the suit has no legal representative; the Court ma!; on
the application of an! part! to the suit; proceed in the asence of a person representing the estate of the
deceased person; or ma! ! order appoint the Administrator#1eneral; or an officer of the Court or such other
person 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 the
same extent as he would have een ound if a personal representative of the deceased person had een a
part! 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 an
interest 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.A
. . 7etermination of Duestion as to legal representativeI Where a Duestion arises as to whether an! person
is or is not the legal representative of a deceased plaintiff or a deceased defendant; such Duestion shall e
determined ! the Court"
@9,3A@&rovided that where such Duestion arises efore an Appellate Court; that Court ma!; efore
determining the Duestion; direct an! suordinate Court to tr! the Duestion and to return the records together
with 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.A
2 . *o aatement ! reason of death after hearingI *othwithstanding an!thing contained in the foregoing
rules; whether the cause of action survives or not; there shall e no aatement ! reason of the death of
either 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 had
een pronounced efore the death tooF place.
3 . Suit not aated ! marriage of female part!I >$? 0he marriage of a female plaintiff or defendant shall not
cause the suit to aate; ut the suit ma! notwithstanding e proceeded with to Gudgment; and; where the
decree is against a female defendant; it ma! e executed against her alone.
>9? Where the husand is ! law liale for the dets of his wife; the decree ma!; with the permission of the
Court; e executed against the husand also; and in case of Gudgment for the wife; execution of the decree
ma!; with such permission; e issued upon the application of the husand; where the husand is ! law
entitled to the suGect matter of the decree.
% . When plaintiffs insolvenc! ars suitI >$? 0he insolvenc! of a plaintiff in an! suit which the assignee or
receiver 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 give
securit! 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 receiver
neglects or refuses to continue the suit and to give such securit! within the time so ordered; the defendant
ma! appl! for the dismissal of the suit on the ground of the plaintiffKs insolvenc!; and the Court ma! maFe an
order dismissing the suit and awarding to the defendant the costs which he has insured in defending the
same 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 suit
shall 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 or
dismissal; and if it is proved that he was prevented ! an! sufficient cause from continuing the suit; the Court
shall 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,%A@(ndian 'imitation Act; $%33 >$. of $%33?A shall appl! to
applications under su#rule >9?.
@9,,A@ExplanationI*othing in this rule shall e construed as arring; in an! later suit; a defence ased on
the facts which constituted the cause of action in the suit which had aated or had een dismissed under this
6rderA
$< . &rocedure in case of assignment efore final order in suitI >$? (n other cases of an assignment;
creation 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 the
person who procured such attachment to the enefit of su#rule >$?.
@-<<A@$<A . 7ut! or pleader to communicate to Court death of a part!I Wherever a pleader appearing for a
part! to the suit comes to Fnow of the death of that part!; he shall inform the Court aout it; and the Court
shall there upon give notice of such death to the other part!; and; for this purpose; the contract etween the
pleader and the deceased part! shall e deemed to susist.A
$$ . Application of 6rder to appealsI (n the application of this 6rder to appeals; so far as ma! e; the word
EplaintiffE shall e held to include an appellant; the word EdefendantE a respondent; and the word EsuitE an
appeal.
$9 . Application of 6rder to proceedingsI *othing in rules -; 4 and % shall appl! to proceedings in executive
of a decree or order.
ORDER ))III& ,IT-DRA,A# AND AD.'ST$ENT O+ S'ITS
@-<$A@$ . Withdrawal of suit or aandonment of part of claimI >$? At an! time after the institution of a suit; the
plaintiff 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 $4
of 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 next
friend and also; if the minor or such other person is represented ! a pleader; ! a certificate of the pleader
to the effect that the aandonment proposed is; in his opinion; for the enefit of the minor or such other
persons.
>-? Where the Court is satisfied;I
>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 a
suit 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 the
claim.
>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 suit
in 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 a
suit or part of a claim under su#rule >$?; or to withdraw; under su#rule >-?; an! suit or part of a claim; without
the consent of the other plaintiffs.A
@-<9A@$A . When transposition of defendants as plaintiffs ma! e permittedI Where a suit is withdrawn or
aandoned ! 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 the
applicant has a sustantial Duestion to e decided as against an! of the other defendants.A
9 . 'imitation law not affected ! first suitI (n an! fresh suit instituted on permission granted under the last
preceding rule; the plaintiff shall e ound ! the law of limitation in the same manner as if the first suit had
not een instituted.
- . Compromise of suitI Where it is proved to the satisfaction of the Court that a suit has een adGusted
wholl! or in part ! an! lawful agreement or compromise @-<-A@in writing and signed ! the partiesA or where
the defendant satisfied the plaintiff in respect of the whole or an! part of the suGect#matter of the suit; the
Court shall order such agreement; compromise satisfaction to e recorded; and shall pass a decree is
accordance therewith @-<4A@so far as it relates to the parties to the suit; whether or not the suGect#matter of
the agreement; compromise or satisfaction is the same as the suGect#matter of the suit"A
@-<.A @&rovided that where it is alleged ! one part! and denied ! the other that an adGustment or
satisfaction 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 such
adGournment.A
@-<2A @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;A
@-<3A@-A . =ar to suitI *o suit shall lie to set aside a decree on the ground that the compromise on which the
decree is ased was not lawful.
-= . *o agreement or compromise to e entered in a representative suit without leave of CourtI >$? no
agreement or compromise in a representative suit shall e entered into without the leave of the Court
expressl! recorded in the proceedings; and an! such agreement or compromise entered into without the
leave 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; Erepresentative suitE means;I
>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 other
memers of the famil!;
>d? an! other suit in which the decree passed ma!; ! virtue of the provisions of this Code or of an! other law
for the time eing in force; ind an! person who is not named as part! to the suit.A
4 . &roceeding in execution of decrees not affectedI *othing in this 6rder shall appl! to an! proceedings in
execution 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 or
damage ma!; at an! stage of the suit; deposit in Court such sum of mone! as he considers a satisfaction in
full of the claim.
9 . *otice of depositI *otice of the deposit shall e given through the Court ! the defendant to the plaintiff;
and the amount of the deposit shall >unless the Court otherwise directs? e paid to the plaintiff on his
application.
- . (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 in
full of the claim or falls short thereof.
4 . &rocedure where plaintiff accepts deposit as satisfaction in partI >$? Where the plaintiff accepts such
amount as satisfaction in part onl! of his claim he ma! prosecute suit for the alance; and; if the Court
decides 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 as
satisfaction in full of his claim he shall present to the Court a statement to that effect; and such statement
shall e filed and the Court shall pronounce Gudgment accordingl!; and; in directing ! whom the costs of
each 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 reason
to elieve that the dela! caused ! maFing a demand would place him at a disadvantage. 6n the plaint eing
filed. A pa!s the mone! into Court; = accepts it in full satisfaction of his claim; ut the Court should not allow
him 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 should
also 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 that
amount. 6n the plaint eing filed; A pa!s Rs. $<< into Court and disputes onl! his liailit! to pa! the
remaining 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 give
with 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 is;
or >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 (ndia
other than the propert! in suit.
>9? Whoever leaves (ndia under such circumstances as to afford reasonale proailit! that he will not e
forthcoming whenever he ma! e called upon to pa! costs shall e deemed to e residing out of (ndia within
the 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 time
fixed; the Court shall maFe an order dismissing the suit unless the plaintiff or plaintiffs are permitted to
withdraw 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 from
furnishing the securit! within the time allowed; the Court shall set aside the dismissal upon such terms as to
securit!; 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 a
commission for the examination on interrogatories or otherwise of an! person resident within the local limits
of its Gurisdiction who is exempted under this Code from attending the Court or who is from sicFness or
infirmit! unale to attend it"
@-<%A @&rovided that a commission for examination on interrogatories shall not e issued unless the Court; for
reasons to e recorded; thinFs it necessar! so to do.
ExplanationI0he Court ma!; for the purpose of this rule; accept a certificate purporting to e signed ! a
registered medical practitioner as evidence of the sicFness or infermit! of an! person; without calling the
medical practitioner as a witness.A
9 . 6rder for commissionI An order for the issue of a commission for the examination of a witness ma! e
made ! the Court either of its own motion or on the application; supported ! affidavit or otherwise; of an!
part! to the suit or of the witness to e examined.
- . Where witness resides within CourtKs GurisdictionI A commission for the examination of a person who
resides within the local limits of the Gurisdiction of the Court issuing the same ma! e issued to an! person
whom the Court thinFs fit to execute it.
4 . &ersons for whose examination commission ma! issueI >$? An! Court ma! in an! suit issue a
commission @-<,A@for the examination on interrogatories or otherwise ofIA
>a? an! person resident e!ond the local limits of its Gurisdiction;
>? an! person who is aout to leave such limits efore the date on which he is reDuired to e examined in
Court; and
>c? an! person in the service of the 1overnment who cannot in the opinion of the Court; attend without
detriment to the pulic service"
@-$<A @&rovided that where; under rule $, of 6rder 58(; a person cannot e ordered to attend a Court in
person; a commission shall e issued for his examination if his evidence is considered necessar! in the
interests of Gustice"
&rovided further that a commission for examination of such person on interrogatories shall not e issued
unless the Court; for reasons to e recorded; thinFs it necessar! so to do.A
>9? Such commission ma! e issued to an! Court; not eing a High Court; within the local limits of whose
Gurisdiction such person resides; or to an! pleader or other person whom the Court issuing the commission
ma! appoint.
>-? 0he Court on issuing an! commission ma! this rule shall direct whether the commission shall e returned
to itself or to an! suordinate Court.
. . Commission or reDuest to examine witness not within (ndiaI Where an! Court to which application is
made for the issue of a commission for the examination of a person residing at an! place not within (ndia is
satisfied that the evidence of such person is necessar!; the Court ma! issue such commission or a letter of
reDuest.
2 . Court to examine witness pursuant to CommissionI Ever! Court receiving a commission for the
examination of an! person shall examine him or cause him to e examined pursuant thereto.
3 . Return of commission with depositions of witnessesI Where a commission has een dul! executed; it
shall e returned; together with the evidence taFen under it; to the Court from which it was issued; unless the
order for issuing the commission has otherwise directed; in which case the commission shall e returned in
terms of such order; and the commission and the returned thereto and the evidence taFen under it shall @-$$A
@suGect to the provisions of rule %A from part of the record of the suit.
% . When depositions ma! e read in evidenceI Evidence taFen under a commission shall not e read as
evidence in the suit without the consent of the part! against whom the same is offered; unlessI
>a? the person who gave the evidence is e!ond the Gurisdiction of the Court; or dead or unale from sicFness
or infermit! to attend to e personall! examined; or exempted from personal appearance in Court or is a
person in the service of the 1overnment who cannot; in the opinion of the Court; attend without detriment to
the pulic service; or
>? the Court in its discretion dispenses with the proof of an! of the circumstances mentioned in clause >a?
and authoriCes the evidence of an! person eing read as evidence in the suit; notwithstanding proof that the
cause 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 to
e 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 a
commission to such person as it thinFs fit directing him to maFe such investigation and to report thereon to
the Court"
&rovided that; where the State 1overnment has made rules as to the persons to whom such commission
shall e issued; the Court shall e ound ! such rules.
$< . &rocedure of CommissionerI >$? 0he Commissioner; after such local inspection as he deems
necessar! and after reducing to writing the evidence taFen ! him; shall return such evidence; together with
his report in writing signed ! him; to the Court.
>9? Report and deposition to e evidence in suit. Commissioner ma! e examined in personI0he report of
the Commissioner and the evidence taFen ! him >ut not the evidence without the report? shall e evidence
in the suit and shall form part of the record; ut the Court or; with the permission of the Court; an! of the
parties 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 the
investigation.
>-? Where the Court is for an! reason dissatisfied with the proceedings of the Commissioner; it ma! direct
such further inDuir! to e made as it shall thinF fit.
@-$9A @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! scientific
investigation which cannot; in the opinion of the Court; e convenientl! conducted efore the Court; the Court
ma!; if it thinFs it necessar! or expedient in the interests of Gustice so to do; issue a commission to such
person 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 the
performance of an! ministerial act which cannot; in the opinion of the Court; e convenientl! performed
efore the Court; 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 him
to 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 cannot
e 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 him
to 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 sale
of movale propert! in execution of a decree.A
Commissions to examine accounts
$$ . Commission to examine or adGust accountsI (n an! suit in which an examination or adGustment of the
accounts is necessar!; the Court ma! issue a commission to such person as it thinFs fit directing him to
maFe such examination or adGustment.
$9 . Court to give Commissioner necessar! instructionsI >$? 0he Court shall furnish the Commissioner with
such 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 >if
an!? of the Commissioner shall e evidence in the suit; ut where the Court has reason to e dissatisfied
with 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 has
een passed; the Court ma!; in an! case not provided for ! section .4; issue a commission to such person
as 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 was
issued; and shall allot such shares to the parties; and ma!; if authorised thereto ! the said order; award
sums to e paid for the purpose of eDualiCing the value of the shares.
>9? 0he commissioner shall then prepare and sign a report or the Commission >where the commission was
issued to more than one person and the! cannot agree? shall prepare and sign separate reports appointing
the 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; after
hearing 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 the
same as confirmed or varied; ut where the Court sets aside the report or reports it shall either issue a new
commission 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; the
Court ma! order such sum >if an! ? as it thinFs reasonale for the expenses of the commission to e; within a
time to e fixed; paid into Court ! the part! at whose instance or for whose enefit the commission is
issued.
$2 . &owers of CommissionersI An! Commissioner appointed under this 6rder ma!; unless otherwise
directed ! the order of appointed.
>a? examine the parties themselves and an! witness whom the! or an! of them ma! produce; and an! other
person whom the Commissioner thinFs proper to call upon to give evidence in the matter referred to him;
>? call for and examine documents and other things relevant to the suGect of inDuir!;
>c? at an! reasonale time enter upon or into an! land or uilding mentioned in the order.
@-$-A@$2A . Muestions oGected to efore the CommissionerI >$? Where an! Duestion put to a witness is
oGected to ! a part! or his pleader in proceedings efore a Commissioner appointed under this 6rder; the
Commissioner shall taFe down the Duestion; the answer; the oGections and the name of the part! or; as the
case ma! e; the pleader so oGecting"
&rovided that the Commissioner shall not taFe down the answer to a Duestion which is oGected to on the
ground of privilege ut ma! continue with the examination of the witness; leaving the part! to get the
Duestion of privilege decided ! the Court; and; where the Court decides that there is no Duestion of
privilege; the witness ma! e recalled ! the Commissioner and examined ! him or the witness ma! e
examined ! 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 of
the Court.A
$3 . Attendance and examination of witnesses efore CommissionerI >$? 0he provisions of this Code
relating to the summoning; attendance and examination of witnesses; and to the remuneration of; and
penalties to e imposed upon; witnesses; shall appl! to persons reDuired to give evidence or to produce
documents 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 this
rule the Commissioner shall e deemed to e a Civil Court"
@-$4A @&rovided that when the Commissioner is not a Judge of a Civil Court he shall not e competent to
impose penalties; ut such penalties ma! e imposed on the application of such Commissioner ! the Court
! which the commission was issued.A
>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 or
against such witness; and such Court ma!; in its discretion; issue such process as it considers reasonale
and proper.
$% . &arties to appear efore CommissionerI >$? Where a commission is issued under this 6rder; the Court
shall direct that the parties to the suit shall appear efore the Commissioner in person or ! their agents or
pleaders.
>9? Where all or an! of the parties do not so appear; the Commissioner ma! proceed in their asence.
@-$.A@$%A . Application of 6rder to execution proceedingsI 0he provisions of this 6rder shall appl! so far as
ma! 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 or
efore 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 for
extending the date.A
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 and
transmitted 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 Central
1overnment; or
>c? ! a letter of reDuest issued ! the foreign Court and produced efore the High Court ! a part! to the
proceeding.
9< . Application for issue of commissionI 0he High Court ma! issue a commission under rule $,I
>a? upon application ! a part! to the proceeding efore the foreign Court; or
>? upon an application ! a law officer of the State 1overnment acting under instructions from the State
1overnment.
9$ . 0o whom commission ma! e issuedI A commission under rule $, ma! e issued to an! Court within
the local limits of whose Gurisdiction the witness resides; or the witness resides within the local limits of the
ordinar! original civil Gurisdiction of the High Court to an! person whom the Court thinFs fit to execute the
commission.
99 . (ssue; execution and return of commissions; and transmission of evidence to foreign CourtI 0he
provisions of rules 2; $. @-$2A@Su#rule >$? of rule $2A; $3; $% and $%=A of this 6rder in so far as the! are
applicale shall appl! to the issue; execution and return of such commissions; and when an! such
commission has een dul! executed it shall e returned; together with the evidence taFen under it; to the
High Court; which shall forward it to the Central 1overnment; along with the letter of reDuest for transmission
to the foreign court.
ORDER ))*II&S'ITS B% OR A(AINST T-E (O*ERN$ENT OR P'B#IC O++ICERSRIN T-EIR
O++ICIA# CAPACIT%
$ . Suits ! or against 1overnmentI (n an! suit ! or against the 1overnment the plaint or written statement
shall 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 the
facts of the case.
S0A0E A)E*7)E*0S
/ttar &radesh.I (n the marginal heading of the 6rder; after the words Eofficial capacit!E; insert the words Eor
Statutor! Authorities; etc.E
@/.&. Act .3 of $,32A.
9 . &ersons authorised to act for 1overnmentI &ersons eing ex officio or otherwise authorised to act for
the 1overnment in respect of an! Gudicial proceeding shall e deemed to e the recognised agents ! whom
appearances; 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 in
the plaint the name and description and place of residence of the plaintiff or defendant; it shall e sufficient to
insert 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 of
the 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 1overnment
to answer to the plaint; shall allow a reasonale time for the necessar! communication with the 1overnment
through the proper channel; and for the issue of instructions to the 1overnment pleader to appear and
answer on ehalf of the 1overnment and ma! extend the time at its discretion ut the time so extended shall
not exceed two months in the aggregate.A
@-$3A@.A . 1overnment to e Goined as a part! in a suit against a pulic officerI Where a suit is instituted
against a pulic officer for damages or other relief in respect of an! act alleged to have een done ! him in
his official capacit!; the 1overnment shall e Goined as a part! to the suit.
.= . 7ut! of Court in suits against the 1overnment or a pulic officer to assist in arriving at a settlementI >$?
(n ever! suit or proceeding to which the 1overnment; or a pulic officer acting in his official capacit!; is a
part!; it shall e the dut! of the Court to maFe; in the first instance; ever! endeavour; where it is possile to
do so consistentl! with the nature and circumstances of the case; to assist the parties in arriving at a
settlement 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 reasonale
possiilit! of a settlement etween the parties; the Court ma! adGourn the proceeding for such period as it
thinFs 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 adGourn
proceedings.A
2 . Attendance of person ale to answer Duestions relating to suit against 1overnmentI 0he Court ma! also
in an! case in which the 1overnment pleader is not accompanied ! an! person on the part of the
1overnment who ma! e ale to answer an! material Duestions relating to the suit; direct the attendance of
such a person.
3 . Extension of time to enale pulic officer to maFe reference to 1overnmentI >$?Where the defended is a
pulic officer and; on receiving the summons; considers it proper to maFe a reference to the 1overnment
efore answering the plaint; he ma! appl! to the Court to grant such extension of the time fixed in the
summons as ma! necessar! to enale him to maFe such reference and to receive orders thereon through
the proper channel.
>9? /pon such application the Court shall extend the time for so long as appears to it to e necessar!.
% . &rocedure in suits against pulic officerI >$? Where the 1overnment undertaFes the defence of a suit
against a pulic officer; the 1overnment pleader; upon eing furnished with authorit! to appear and answer
the plaint; shall appl! to the Court; and upon such application the Court shall cause a note of his authorit! to
e entered in the register of civil suits.
>9? Where no application under su#rule >$? is made ! the 1overnment pleader on or efore the da! fixed in
the notice for the defendant to appear and answer; the case shall proceed as in a suit etween private
parties"
&rovided that the defendant shall not e liale to arrest; nor his propert! to attachment; otherwise than in
execution of a decree.
S0A0E A)E*7)E*0S
/ttar &radesh.I After rule , as inserted ! Allahaad High Court insert the following"I
E$<. 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! in
an! district and give information of such appointment to the 7istrict Judge and to Registrar of the High Court
at 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! or
Corporation for purposes of receiving processes against it ut shall not act or plead without filing a
vaFalatnama or memorandum of appearance.E
@/.&. Act .3 of $,32 amended ! *otification dated $<.9.$,%$A.
%A . *o securit! to e reDuired from 1overnment or a pulic officer in certain casesI *o such securit! as is
mentioned in rules . and 2 of 6rder 5'( shall e reDuired from the 1overnment or; where the 1overnment
has undertaFen the defence of the suit; from an! pulic officer sued in respect of an act alleged to e done
! him in his official capacit!.
%= . 7efinitions of E1overnmentE and E1overnment pleaderEI (n this 6rder @unless otherwise expressl!;
provided E1overnmentE and E1overnment pleaderE mean respectivel!I
>a? in relation to an! suit ! or against the Central 1overnment; or against a pulic officer in the service of
that 1overnment; the Central 1overnment and such pleader as that 1overnment ma! appoint whether
generall! or speciall! for the purposes of this 6rder;
>c? in relation to an! suit ! or against a State 1overnment or against a pulic officer in the service of a State;
the State 1overnment and the 1overnment pleader as defined in clause >3? of section 9; or such other
pleader as the State 1overnment ma! appoint; whether generall! or speciall!; for the purposes of this 6rder.
6R7ER 558((A
S/(0S (*86'8(*1 A S/=S0A*0(A' M/ES0(6* 6: 'AW AS 06 0HER(*0ER&RE0A0(6* 6: 0HE
C6*S0(0/0(6* @-$%A@6R AS 06 0HER8A'(7(0+ 6: A*+ S0A0/06R+ (*S0R/)E*0A
$ . *otice to the Attorne! 1eneral or the Advocate# 1eneralI (n an! suit in which it appears to the Court that
an! such Duestion as is referred to in clause >$? of Article $-9; read with Article $43 of the Constitution is
involved; the Court shall not proceed to determine that Duestion until after notice has een given to the
Attorne! 1eneral for (ndia if the Duestion of law concerns the Central 1overnment and to the Advocate#
1eneral of the State if the Duestion of law concerns a State 1overnment.
@-$,A@$A . &rocedure in suits involving validit! of an! statutor! instrumentI (n an! suit in which it appears to
the Court that an! Duestion as to the validit! of an! statutor! instrument; not eing a Duestion of the nature
mentioned in rule $; is involved; the Court shall not proceed to determine that Duestion except after giving
noticeI
>a? to the 1overnment pleader; if the Duestion concerns the 1overnment; or
>? to the authorit! which issued the statutor! instrument; if the Duestion concerns an authorit! other than
1overnment.A
9 . Court ma! add 1overnment as part!I 0he Court ma! at an! stage of the proceedings order that the
Central 1overnment or a State 1overnment shall e added as a defendant in an! suit involving an! such
Duestion as it referred to in clause >$? of Article $-9 read with Article $43; of the Constitution; if the Attorne!
1eneral for (ndia or the Advocate#1eneral of the State; as the case ma! e; whether upon receipt of notice
under rule $; or otherwise; applies for such addition and the Court is satisfied that such addition is necessar!
or desirale for the satisfactor! determination of the Duestion of law involved.
@-9<A@9A . &ower of Court to add 1overnment or other authorit! as a defendant in a suit relating to the validit!
of an! statutor! instrumentI 0he Court ma!; at an! stage of the proceedings in an! suit involving an! such
Duestion as is referred to in rule $A; order that the 1overnment or other authorit! shall e added as a
defendant if the 1overnment pleader or the pleader appearing in the case for the authorit! which issued the
instrument; as the case ma! e; whether upon receipt of notice under rule $A or otherwise; applies for such
addition; and the Court is satisfied that such addition is necessar! or desirale for the satisfactor!
determination of the Duestion.A
@-9$A@- . CostsI Where; under rule 9 or rule 9A the 1overnment or an! other authorit! is added as a
defendant in a suit; the Attorne!#1eneral; Advocate#1eneral or 1overnment &leader or 1overnment or other
authorit! shall not e entitled to; or liale for; costs in the Court which ordered the addition unless the Court;
having regard to all the circumstances of the case for an! special reason; otherwise orders.A
4 . Application or 6rder to appealsI (n application of this 6rder to appeals the word EdefendantE shall e
held to include a respondent and the word EsuitE an appeal.
@-99A @ExplanationI(n this 6rder; Estatutor! instrumentE means a rule; notification; !e#law order; scheme or
form made as specified under an! enactment.A
ORDER ))*III&S'ITS B% OR A(AINST $I#ITAR% OR NA*A# $EN OR AIR$EN
$ . 6fficers; soldiers; sailors or airmen who cannot otain leave ma! authoriCe an! person to sue or defend
for themI >$? Where an! officer; soldier; sailor or airman; actual serving under the 1overnment in such
capacit! is a part! to a suit; and cannot otain leave of asence for the purpose of prosecuting or defending
the suit in person; he ma! authoriCe an! person to sue or defend in his stead.
>9? 0he authorit! shall e writing and shall e signed ! the officer; soldier; sailor or airman in the presence of
>a? his commanding officer; or the next suordinate officer; if the part! is himself the commanding officer; or
>? where the officer; soldier; sailor or airman; is serving in militar!; naval or air force staff emplo!ment the
head or other superior officer of the office in which he is emplo!ed. Such commanding or other officer shall
countersign the authorit!; which shall e filed in Court.
>-? When so filed the countersignature shall e sufficient proof that the authorit! was dul! executed; and that
the officer; soldier; sailor or airman ! whom it was granted could not otain leave of asence for the purpose
of prosecuting of defending the suit in person.
ExplanationI(n this 6rder the expression Ecommanding officerE means the officer in actual command for the
time eing of an regiment; corps; ship; detachment or depot which the officer; soldier sailor or airman
elongs.
9 . &erson so authoriCed ma! act personall! or appoint pleaderI An! person authoriCed ! an officer;
soldier; sailor or airman to prosecute or defend a suit in his stead ma! prosecute or defend it in person in the
same manner as the officer; soldier; sailor or airman could do if present; or he ma! appoint a pleader to
prosecute or defend the suit on ehalf of such officer; soldier; sailor or airman.
- . Service on person so authoriCed; or on his pleader; to e serviceI &rocess served upon an! person
authoriCed ! an officer soldier; sailor or airman under rule $ or upon an! pleader appointed as aforesaid !
such person shall e as effectual as if the! had een served on the part! in person.
ORDER ))I)& S'ITS B% OR A(AINST CORPORATIONS
$ . Suscription and verification of pleadingI (n suits ! or against a corporation; an! pleading ma! e
signed and verified on ehalf of the corporation ! the securit! or ! an! director or other principal officer of
the corporation who is ale to depose to the facts of the case.
9 . Service on corporationI SuGect to an! statutor! provision regulating service of process; where the suit is
against a corporation; the summons ma! e servedI
>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 no
registered 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 following;
after clause >a?"I
E>aa? on its corporation pleader in the district where the Court issuing summons is located; if one has een
appointed and the appointment has een notified to the 7istrict Judge under rule $< of 6rder 558((; or.E
@/.&. Act .3 of $,32A.
- . &ower to reDuire personal attendance of officer of corporationI 0he Court ma!; at an! stage of the suit;
reDuire the personal appearance of the secretar! or of an! director; or other principal officer of the
corporation who ma! e ale to answer material Duestions relating to the suit.
ORDER )))& S'ITS B% OR A(AINST +IR$S AND PERSONS CARR%IN( ON B'SINESS IN NA$ES
OT-ER T-AN T-EIR O,N
$ . Suing of partners in name of firmI >$? An! two or more persons claiming or eing liale as partners and
carr!ing on usiness; in (ndia ma! sue or e sued in the name of the firm >if an!? of which such persons were
partners at the time of the accruing of the cause of action; and an! part! to a suit ma! in such case appl! to
the Court for a statement of the names and addresses of the persons who were; at the time of the accruing
of the cause of action; partners in such firm; to e furnished and verified in such manner as the Court ma!
direct.
>9? Where persons sue or are sued partners in the name of their firm under su#rule >$?; it shall; in the case
of an! pleading or other document reDuired ! or under this Code to e signed; verified or certified ! the
plaintiff or the defendant; suffice such pleading or other document is signed; verified or certified ! an! one of
such persons.
9 . 7isclosure of partnersK namesI >$? Where a suit is instituted ! partners in the name of their firm; the
plaintiffs or their pleader shall; on demanding writing ! or on ehalf of an! defendant; forthwith declare in
writing the names and places of residence of all the persons constituting the firm on whose ehalf the suit is
instituted.
>9? Where the plaintiffs or their pleader fail to compl! with an! demand made under su#rule >$? all
proceedings in the suit ma!; upon an application for that purpose; e sta!ed upon such terms as the Court
ma! direct.
>-? Where the names of the partners are declared in the manner referred to in su#rule >$? the suit shall
proceed in the same manner; and the same conseDuences in all respects shall follow; as if the! had een
named as plaintiffs in the plaint"
@-9-A @&rovided that all proceedings shall nevertheless continue in the name of the firm; ut the name of the
partners disclosed in the manner specified in su#rule >$? shall e entered in the decree.A
- . ServiceI Where persons are sued as partners in the name of their firm; the summons shall e served
eitherI
>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 having;
at 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 all
or 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 efore
the institution of the suit; the summons shall e served upon ever! person within (ndia whom it is sought to
maFe liale.
4 . Rights of suit on death of partnerI >$? *otwithstanding an!thing contained in section 4. of the (ndian
Contract Act; $%39 >, of $%39? where two or more persons ma! sue or e sued in the name of a firm under
the foregoing provisions and an! of such persons dies; whether efore the institution or during the pendenc!
of an! suit; it shall not e necessar! to Goin the legal representative of the deceased as a part! to the suit.
>9? *othing in su#rule >$? shall limit or otherwise effect an! right which the legal representative of the
deceased 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 manner
provided ! rule - ; ever! person upon whom it is served shall e informed ! notice in writing given at the
time of such service; whether he is served as a partner or as a person having the control or management of
the partnership usiness; or in oth characters; and; in default of such notice; the person served shall e
deemed 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 of
the 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 e
necessar! unless he is a partner of the firm sued.
@-94A@% . Appearance under protestI >$? An! person served with summons as a partner under rule - ma!
enter an appearance under protest; den!ing that he was a partner at an material time.
>9? 6n such appearance eing made; either the plaintiff or the person entering the appearance ma!; at an!
time efore the date fixed for hearing and final disposal of the suit; appl! to the Court for determinig whether
that person was a partner of the firm and liale as such.
>-? (f; on such application; the Court holds that he was a partner at the material time; that shall not preclude
the person from filing a defence den!ing the liailit! of the firm in respect of the claim against the defendant.
>4? (f the Court; however; holds that such person was not a partner of the firm and was not liale as such that
shall not preclude the plaintiff from otherwise serving a summons on the firm and proceeding with the suit;
ut in that event; the plaintiff shall e precluded from alleging the laiilit! of that person as a partner of the
firm in execution of an! decree that ma! e passed against the firm.A
, . Suits etween co#partnersI 0his 6rder shall appl! to suits etween a firm and one or more of the
partners therein and to suits etween firms having one or more partners; in common; ut not execution shall
e issued in such suits except ! leave of the Court; and; on an application for leave to issue such execution;
all such accounts and inDuiries ma! e directed to e taFen and made and directions given as ma! e Gust.
@-9.A@$< . Suit against person carr!ing on usiness in name other than his ownI An! person carr!ing on
usiness 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 such
case permits; all rules under this 6rder shall appl! accordingl!.A
ORDER )))I&S'ITS B% OR A(AINST TR'STEES, E)EC'TORS AND AD$INISTRATORS
$ . Representation of eneficiaries in suits concerning propert! vested in trustees; etc.I (n all suits
concerning propert! vested in a trustee; executor or administrator; where the contention is etween the
persons eneficiall! interested in such propert! and a third person; the trustee; executor or Administator shall
represent 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 or
administrators; 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 and
administrators outside (ndia need not e made parties.
- . Husand of married executrix not to GoinI /nless the Court directs otherwise; the husand of a married
trustee; 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 such
shall e called the next friend of the minor.
@-92AExplanationI(n this 6rder; EminorE means a person who has not attained his maGorit! within the
meaning of section - of the (ndian )aGorit! Act; $%3. >, of $%3.? where the suit relates to an! of the matters
mentioned in clauses >a? and >? of section 9 of that Act or to an! other matter.A
9 . Where suit is instituted without next friend; plaint to e taFen off the fileI >$? 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 file;
with 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 >if
an!? ma! maFe such order in the matter as it thinFs fit.
@-93A@9A . Securit! to e furnished ! next friend when so orderedI >$? Where a suit has een instituted on
ehalf of the minor ! his next friend; the Court ma!; at an! stage of the suit; either of its own motion or on
the application of an! defendant; and for the reasons to e recorded; order the next friend to give securit! for
the pa!ment of all costs incurred or liFel! to e incurred ! the defendant.
>9? Where such a suit is instituted ! an indigent person; the securit! shall include the court#fees pa!ale to
the 1overnment.
>-? 0he provisions of rule 9 of 6rder 558 shall; so far as ma! e; appl! to a suit where the Court maFes an
order under this rule directing securit! to e furnished.A
- . 1uardian for the suit to e appointed ! Court for minor defendantI >$? Where the defendant is a minor
the Court; on eing satisfied of the fact of his minorit!; shall appoint a proper person to e guardian for the
suit for such minor.
>9? An order for the appointment of a guardian for the suit ma! e otained upon application in the name and
on ehalf of the minor or ! the plaintiff.
>-? Such application shall e supported ! an affidavit verif!ing the fact that the proposed guardian has no
interest in the matters in controvers! in the suit adverse to that of the minor and that he is a fit person to e
so appointed.
>4? 6rder shall e made on an! application under this rule except upon notice to an! @-9%AHHH to an! guardian
of the minor appointed or declared ! an authorit! competent in that ehalf; or; where there is no such
guardian; @-9,A@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 guardianA of the minor; or; where there is @--<A@no father; mother or other natural
guardianA; to the person in whose care the minor is; and after hearing an! oGection which ma! e urged on
ehalf of an! person served with notice under this su#rule.
@--$A@>4A? 0he Court ma!; in an! case; if it thinFs fit; issue notice under su#rule >4? to the minor also.A
>.? A person appointed under su#rule >$? 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 the
suit including proceedings in an! Appellate or Revisional Court and an! proceedings in the execution of a
decree.
@--9A@-A . 7ecree against minor to e set aside unless preGudice has een caused to his interestsI >$? *o
decree passed against a minor shall e set aside merel! on the ground that the next friend or guardian for
the suit of the minor had an interest in the suGect#matter of the suit adverse to that of the minor; ut the fact
that ! reasons of such adverse interest of the next friend of guardian for the suit; preGudice has een caused
to the interests of the minor; shall e a ground for setting aside the decree.
>9? *othing in this rule shall preclude the minor from otaining an! relief availale under an! law ! reason of
the misconduct or gross negligence on the part of the next friend or guardian for the suit resulting in preGudice
to the interests of the minor.A
4 . Who ma! act as next friend or e appointed guardian for the suitI >$? An! person who is of sound mind
and 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 such
guardian shall act as the next friend of the minor or e appointed his guardian for the suit unless the Court
considers; for reasons to e recorded; that it is for the minorKs welfare that another person e permitted to act
or e appointed; as the case ma! e.
>-? *o person shall without his consent @---A@in writingA 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! of
its officers to e such guardian; and ma! direct that the costs to e incurred ! such officer in the
performance of his duties as such guardian shall e orne either ! the parties or ! an! one or more of the
parties to the suit; or out of an! fund in Court in which the minor is interested @--4A@or out of the propert! of
the minorA; and ma! give directions for the repa!ment or allowance of such costs as Gustice and the
circumstances of the case ma! reDuire.
. . Representation of minor ! next friend or guardian for the suitI >$? Ever! application to the Court on
ehalf of a minor; other than an application under rule $<; su#rule >9?; shall e made ! his next friend or !
his guardian for the suit.
>9? Ever! order made in a suit or on an! application; efore the Court in or ! which a minor is in an! wa!
concerned or affected; without such minor eing represented ! a next friend or guardian for the suit; as the
case ma! e; ma! e discharged; and; where the pleader of the part! at whose instance such order was
otained Fnew; or might reasonal! have Fnown; the fact of such minorit!; with costs to e paid ! such
pleader.
2 . Receipt ! next friend or guardian for the suit of propert! under decree for minorI >$? A next friend or
guardian 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 to
receive the propert!; reDuire such securit! and give such directions as will; in its opinion; sufficientl! protect
the propert! from waste and ensure its proper application"
@--.A@&rovided that the Court ma!; for reasons to e recorded; dispense with such securit! while granting
leave 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 of
the famil!; or
>? is the parent of the minor.A
3 . Agreement or compromise ! next friend or guardian for the suitI >$? *o next friend or guardian for the
suit shall; without the leave of the Court; expressl! recorded in the proceedings; enter into an! agreement or
compromise on ehalf of a minor with reference to the suit in which he acts as next friend or guardian.
@--2A@>$A? An application for leave under su#rule >$? shall e accompanied ! an affidavit of the next friend
of the guardian for the suit; as the case ma! e; and also; if the minor is represented ! a pleader; ! the
certificate of the pleader; to the effect that the agreement or compromise proposed is; in his opinion; for the
enefit of the minor"
&rovided that the opinion so expressed; whether in the affidavit or in the certificate shall not preclude the
Court from examining whether the agreement or compromise proposed is for the enefit of the minor.A
>9? An! such agreement or compromise entered into without the leave of the Court so recorded shall e
voidale against all parties other than the minor.
% . Retirement of next friendI >$? /nless otherwise ordered ! the Court; a next friend shall not retire without
first 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 the
fitness 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 minor
or where he is so connected with a defendant whose interest is adverse to that of the minor as to maFe it
unliFel! that the minorKs interest will e properl! protected ! him; or where he does not do his dut!; or during
the pendenc! of the suit; ceases to reside within (ndia or for an! other sufficient cause; application ma! e
made on ehalf of the minor or ! a defendant for his removal; and the Court; if satisfied of the sufficienc! of
the cause assigned; ma! order the next friend to e removed accordingl!; and maFe such other order as to
costs as it thinFs fit.
>9? Where the next friend is not a guardian appointed or declared ! an authorit! competent in this ehalf;
and an application is made ! a guardian so appointed or declared; who desires to e himself appointed in
the 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 thereupon
appoint the applicant to e next friend in his place upon such terms as to the costs alread! incurred in the
suit as it thinFs fit.
$< . Sta! of proceedings on removal; etc.; of next friendI >$? 6n the retirement; removal or death of the next
friend 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 friend
appointed; an! person interested in the minor or in the matter in issue ma! appl! to the Court for the
appointment 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 retire
or does not do his dut!; or where there sufficient ground is made to appear; the Court ma! permit such
guardian 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 suit;
the 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 he
will 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 next
friend 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"
EA.=.; late a minor; ! C.7.; his next friend; ut now having attained maGorit!.E
>4? Where he elects to aandon the suit or application; he shall; if a sole plaintiff or sole applicant; appl! for
an order to dismiss the suit or application on repa!ment of the costs incurred ! the defendant or opposite
part! 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 and
permitting 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 on
attaining maGorit! desires to repudiate the suit; he shall appl! to have his name strucF out as co#plaintiff; and
the Court; if it finds that he is not a necessar! part! shall dismiss him from the suit on such terms as to costs
or 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 e
paid ! 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 suit
instituted 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 of
all parties in respect of the application and of an!thing done in the suit; or maFe such other order as it thinFs
fit.
@--3A@$. . Rules $ to $4 >except rule 9A? to appl! to persons of unsound mindI Rules $ to $4 >except rule
9A? shall; so far as ma! e; appl! to persons adGudged; efore or during the pendenc! of the suit; to e of
unsound mind and shall also appl! to persons who; though not so adGudged; are found ! the Court on
enDuir! to e incapale; ! reason of an! mental infirmit!; or protecting their interest when suing or eing
sued.A
@--%A @$2 . SavingsI >$? *othing contained in this 6rder shall appl! to the Ruler of a foreign State suing or
eing 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 provisions
of an! local law for the time eing in force relating to suits ! or against minors or ! against lunatics or other
persons of unsound mind.A
Order )))II A i56 78 Sec 80 78 Act No 101 of 1949 (:ef 1944"
0;;920ORDER )))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 to
matters concerning the famil!.
>9? (n particular; and without preGudice to the generalit! of the provisions of su#rule >$?; the provisions of this
6rder 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 other
memer 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 are
suGect to their personal law.
>-? So much of this 6rder as relates to a matter provided for ! a special law in respect of an! suit or
proceeding 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; the
proceeding 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 applies;
an endeavour shall e made ! the Court in the first instance; where it is possile to do so consistent with
the nature and circumstances of the case; to assist the parties in arriving at a settlement 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 reasonale possiilit!
of a settlement etween the parties; the Court ma! adGourn the proceeding for such period as it thinFs fit to
enale 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 of
the 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 the
parties or not; including a person professionall! engaged in promoting the welfare of the famil! as the Court
ma! thinF fit; for the purpose of assisting the Court in discharging the functions imposed ! rule - or this
6rder.
. . 7ut! to inDuire into factsI (n ever! suit or proceeding to which this 6rder applies; it shall e the dut! of
the Court to inDuire; so far is reasonal! can; into the facts alleged ! the plaintiff and into an! facts alleged
! the defendant.
2 . E:amil!EImeaning ofI :or the purposes of this 6rder; each of the following shall e treated as
constituting 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; and
an! 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 issue
of 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 without
an! preGudice to the concept of Efamil!E in an! personal law or in an! other law for the time eing in force.A
ORDER )))III& 0;102 0S'ITS B% INDI(ENT PERSONS2
$ . Suits ma! e instituted ! indigent personI SuGect to the following provisions; an! suit ma! e instituted
! an @-4$A @indigent person.A
@-49A @Explanation (IA person is an indigent person;I
>a? if he is not possessed of sufficient means >other than propert! exempt from attachment in execution of a
decree and the suGect#matter of the suit? to enale him to pa! the fee prescried ! law for the plaint in such
suit; or
>? where no such fee is prescried; if he is not entitled to propert! worth one thousand rupees other than the
propert! 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 for
permission to sue as an indigent person; and efore the decision of the application; shall e taFen into
account 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 indigent
person shall e determined with reference to the means possessed ! him in such capacit!.A
@-4-A@$A . (nDuir! into the means of an indigent personI Ever! inDuir! into the Duestion whether or not a
person is an indigent person shall e made; in the first instance; ! the chief ministerial officer of the Court;
unless the Court otherwise directs; and the Court ma! adopt the report of such officer as its own finding or
ma! itself maFe an inDuir! into the Duestion.A
9 . Contents of applicationI Ever! application for permission to sue as an @-44A@indigent personA shall
contain the particulars reDuired in regard to plaints in suits" a schedule of an! movale or immovale
propert! elonging to the applicant; with the estimated value thereof; shall e annexed thereto; and it shall e
signed and verified in the manner prescried for the signing and verification of pleadings.
- . &resentation of applicationI *otwithstanding an!thing contained in these rules; the application shall e
presented to the Court ! the applicant in person; unless he is exempted from appearing in Court; in which
case the application ma! e presented ! an authoriCed agent who can answer all material Duestions
relating to the application; and who ma! e examined in the same manner as the part! represented ! him
might have een examined had such part! attended in person"
@-4.A@&rovided that; where there are more plaintiffs than one; it shall e sufficient if the application is
presented ! one of the plaintiffs.A
4 . Examination of applicantI >$? Where the application is in proper form and dul! presented; the Court ma!;
if it thinFs fit; examine the applicant; or his agent when the applicant is allowed to appear ! agent; regarding
the merits of the claim and the propert! of the applicant.
>9? (f presented agent; Court ma! order applicant to e examined ! commissionIWhere the application is
presented ! an agent; the Court ma!; if it thinFs fit; order that the applicant e examined ! a commission in
the manner in which the examination of an asent witness ma! e taFen.
. . ReGection of applicationI 0he Court shall reGect an application for permission to sue as @-42A@an indigent
personAI
>a? where it is not framed and presented in the manner prescried ! rules 9 and -; or
>? where the applicant is not an @-43A@indigent personsA; or
>c? where he has; within two months next efore the presentation of the application disposed of an! propert!
fraudulentl! or in order to e ale to appl! for permission to sue as @-4%A@an indigent personA"
@-4,A @&rovided that no application shall e reGected if; even after the value of the propert! disposed of ! the
applicant is taFen into account; the applicant would e entitled to sue as an indigent person;A or
>d? where his allegations do not show a cause of action; or
>e? where he has entered into an! agreement with reference to the suGect#matter of the proposed suit under
which an! other person has otained an interest in such suGect#matter; @-.<A@orA
@-.$A @>f? where the allegations made ! the applicant in the application show that the suit would e arred !
an! law for the time eing in force; or
>g? where an! other person has entered into an agreement with him to finance the litigation.A
2 . *otice of da! for receiving evidence of applicantKs indigenc!I Where the Court sees no reason to reGect
the application on an! of the grounds stated in rule .; it shall fix a da! >of which at least ten da!Ks clear notice
shall e given to the opposite part! and the 1overnment pleader? for receiving such evidence as the
application ma! adduce in proof of his indigenc!; and for hearing an! evidence which ma! e adduced in
disproof thereof.
3 . &rocedure at hearingI >$? 6n the da! so fixed or as soon thereafter as ma! e convenient the Court
shall examine the witnesses >if an!? produced ! either part!; and ma! examine the applicant or his agent;
and shall maFe a full record of their evidence.
@-.9A @>$A? 0he examination of the witnesses under su#rule >$? shall e confined to the matters specified in
clause >?; clause >c? and clause >e? of rule . ut the examination of the applicant or his agent ma! relate to
an! of the matters specified in rule ..A
>9? 0he Court shall also hear an! argument which the parties ma! desire to offer on the Duestion whether; on
the face of the application and of the evidence >if an!? taFen ! the Court @-.-A@under rule 2 or under this
ruleA; the applicant is or is not suGect to an! of the prohiitions specified in rule ..
>-? 0he Court shall then either allow or refuse to allow the applicant to sue as @-.4A @an indigent personA.
% . &rocedure if application admittedI Where the application is granted; it shall e numered and registered;
and shall e deemed the plaint in the suit; and the suit proceed in all other respects as a suit instituted in the
ordinar! manner; except that the plaintiff shall not e liale to pa! an! court#fee @-..A@or fees pa!ale for
service of processA in respect of an! petition; appointment of a pleader or other proceeding connected with
the suit.
, . Withdrawal of permission to sue as an indigent personI 0he Court ma!; on the application of the
defendant; 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 @-.2A @an indigent personA; 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.
@-.3A@,A . Court to assign a pleader to an unrepresented indigent personI >$? Where a person; who is
permitted to sue as an indigent person; is not represented ! a pleader; the Court ma!; if the circumstances
of 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 provisions
of su#rule >$?.A
$< . Costs were indigent person succeedsI Where the plaintiff succeeds in the suit; the Court shall calculate
the amount of court#fees which would have een paid ! the plaintiff if he had not een permitted to sue as
an @-.%A@indigent personA; such amount shall e recoverale ! the State 1overnment an! part! order ! the
decree 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 to
him to sue as an indigent person has een withdrawn; or where the suit is withdrawn or dismissed;I
>a? ecause the summons for the defendant to appear and answer has not een served upon him in
conseDuence of the failure of the plaintiff to pa! the court#fee or postal charges >if an!? chargeale for such
service @-.,A@or to present copies of the plaint or concise statementA; 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 which
would have een paid ! the plaintiff if he had not een permitted to sue as an @-2<A@indigent personA.
$$A . &rocedure where indigent persons suit aatesI Where the suit aates ! reason of the death of the
plaintiff or of an! person added as a co#plaintiff; the Court shall order that amount of court#fees which would
have een paid ! the plaintiff if he had not een permitted to sue as an @-2$A@indigent personA shall e
recoverale ! the State 1overnment from the estate of the deceased plaintiff.A
$9 . State 1overnment ma! appl! for pa!ment of court#feesI 0he State 1overnment shall have the right at
an! time to appl! to the Court to maFe an order for the pa!ment of court#fees under rule $<; rule $$ 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 $$A or rule $9 shall e deemed to e Duestions arising etween
the parties to the suit within the meaning of section 43.
$4 . Recover! of amount of court#fees.I Where an order is made under rule $<; rule $$ or rule $$A; the
court shall forthwith cause a cop! of the decree or order to e forwarded to the Collector who ma!; without
preGudice to an! other mode of recover!; recover the amount of court#fees specified therein from the person
or 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 An
order refusing to allow the applicant top sue as @-29A @indigent personA shall e a ar to an! suseDuent
application of the liFe nature ! him in respect of the same right to sue; ut the applicant shall e at liert! to
institute a suit in the ordinar! manner in respect of such right; @-2-A@&rovided that the plaint shall e reGected
if he does not pa!; either at the time of the institution of the suit or within such time thereafter as the Court
ma! allow;A the costs >if an!? incurred ! the State 1overnment and ! the opposite part! in opposing his
application for leave to sue as an @-24A@indigent person.A
@-2.A@$.A . 1rant of time for pa!ment of court#feeI *othing contained in rule .; rule 3 or rule $. shall
prevent a Court; while reGecting an application under rule . or refusing an application under rule 3; from
granting time to the applicant to pa! the reDuisite court#fee within such time as ma! e fixed ! the Court or
extended ! it from time to time; and upon such pa!ment and on pa!ment of the costs referred to in@$AHHHH
rule $. with in that time; the suit shall e deemed to have een instituted on the date on which the application
for permission to sue as an indigent person was presented.A
$2 . CostsI 0he costs of an application for permission to sue as an @-22A@indigent personA and of an inDuir!
into indigenc! shall e costs in the suit.
@-23A@$3 . 7efence ! an indigent personI An! defendant; who desire to plead a set#off or counter#claim;
ma! e allowed to set up such claim as an indigent person; and the rules contained in this 6rder shall so far
as 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 the
provisions of this 6rder; the Central or State 1overnment ma! maFe such supplementar! provisions as it
thinFs 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 the
supplementar! provisions made ! the Central or State 1overnment for providing free legal services to
indigent persons referred to in su#rule >$?; and such rules ma! include the nature and extent of such legal
services; the conditions under which the! ma! e made availale; the matters in respect of which; and the
agencies through which; such services ma! e rendered.A
ORDER )))I*&S'ITS RE#ATIN( TO $ORT(A(ES O+ I$$O*AB#E PROPERT%
$ . &arties to suits for foreclosure sale and redemptionI SuGect to the provisions of this Code; all persons
having an interest either in the mortgage#securit! or in the right of redemption shall e Goined as parties to
an! suit relating to the mortgage.
ExplanationIA puisne mortgagee ma! sue for foreclosure or for sale without maFing the prior mortgagee a
part! 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 Court
shall 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 the
Court ma! fix within six months from the date on which the Court confirms and countersigns the account
taFen under clause >a?; or from the date on which such amount is declared in Court under clause >?; as the
case ma! e; and thereafter pa!s such amount as ma! e adGudged due in respect of suseDuent costs;
charges 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 defendant
appoints; all documents in his possession or power relating to the mortgaged propert!; and shall; if so
reDuired; 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 amount
adGudged due in respect of suseDuent costs; charges; expenses and interest; the plaintiff shall e entitled to
appl! 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 declared
due under su#rule >$? or of the amount adGudged due in respect of suseDuent costs; charges; expenses
and interest.
>-? Where; in a suit for foreclosure; suseDuent mortgagees or persons deriving title from; or surogated to
the rights; of an! such mortgagees are Goined as parties; the preliminar! decree shall provide for the
adGudication 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 of
the case ma! reDuire.
- . :inal decree in foreclosure suitI >$? Where; efore a final decree dearring the defendant from all right to
redeem 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 this
ehalf; 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 said
decree;
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 through
or 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 in
respect 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 a
preliminar! decree to the effect mentioned in clauses >a?; >? and >c? >i? of su#rule >$? of rule 9; and further
directing 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 proceeds
of the sale >after deduction therefrom of the expenses of the sale? e paid into Court and applied in pa!ment
of what has een found or declared under or ! the preliminar! decree due to the plaintiff; together with such
amount as ma! have een adGudged due in respect of suseDuent costs; charges; expenses and interest;
and 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 found
or declared due under su#rule >$? or of the amount adGudged due in respect of suseDuent costs; charges;
expenses and interest.
>-? &ower to decree sale in foreclosure suitI(n a suit for foreclosure in the case of an anomalous mortgage;
if the plaintiff succeeds; the Court ma!; at the instance of an! part! to the suit or of an! other person
interested in all mortgage#securit! or the right of redemption; pass a liFe decree >in lieu of a decree for
foreclosure? on such terms as it thinFs fit; including the deposit in Court of a reasonale sum fixed ! the
Court 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 or
persons 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 and
liailities 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 >$? Where; on or efore the da! fixed or at an! time efore the confirmation
of a sale made in pursuance of a final decree passed under su#rule >-? of this rule; the defendant maFes
pa!ment into Court of all amounts due from him under su#rule >$? of rule 4; the Court shall; on application
made ! 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 >$? of this rule; unless the defendant in
addition to the amount mentioned in su#rule >$?; deposits in Court for pa!ment to the purchaser a sum eDual
to 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 amount
of 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 >$? has not een made; the Court shall; on application made
! the plaintiff in this ehalf; pass a final decree directing that the mortgaged propert! or a sufficient part
thereof e sold; and that the proceeds of the sale e dealt with in the manner provided in su#rule >$? of rule
4.
2 . Recover! of alance due on mortgage in suit for saleI Where the net proceeds of an! sale held under
@-2%A@rule .A 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 a
decree 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 account
taFen under clause >a?; or from the date on which such amount is declared in Court under clause >?; as the
case ma! e; and thereafter pa!s such amount as ma! e adGudged due in respect of suseDuent costs;
charges 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 appoints
all documents in his possession or power relating to the mortgaged propert!; and shall; if so reDuired;
retransfer 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; ! those
under 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 entitled
to appl! for a final decreeI
>a? in the case of a mortgage other than a usufructuar! mortgage; a mortgage ! conditional sale; or an
anomalous mortgage the terms of which provide for foreclosure onl! and not for sale; that the mortgage
propert! 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 redeem
the mortgaged propert! has een passed or efore the confirmation of a sale held in pursuance of a final
decree passed under su#rule >-? of this rule; the plaintiff maFes pa!ment into Court of all amounts due from
him under su#rule >$? of rule 3; the Court shall; on application made under ! the plaintiff in this ehalf; pass
a 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; if
necessar!;I
>? ordering him to re#transfer at the cost of the plaintiff the mortgaged propert! as directed in the said
decree;
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 under
su#rule >-? of this rule; the Court shall not pass an order under su#rule >$? of this rule; unless the plaintiff in
addition to the amount mentioned is su#rule >$?; deposits in the Court for pa!ment to the purchaser a sum
eDual 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 amount
of 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 ehalf;I
>a? in the case of a mortgage ! conditional sale or of such an anomalous mortgage as is hereinefore
referred to in rule 3; pass a final decree declaring that the plaintiff and all persons claiming under him are
dearred from all right to redeem the mortgaged propert! and; also; if necessar!; ordering the plaintiff to put
the 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 the
mortgaged propert! or a sufficient part thereof e sold; and the proceeds of the sale >after deduction
therefrom of the expenses of the sale? e paid into Court and applied in pa!ment of what is found due to the
defendant; 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 held
under @-2,A@rule %A are found insufficient to pa! the amount due to the defendant; the Court; @-3<A@on
application ! him in executionA; ma!; if the alance is legall! recoverale from the plaintiff otherwise than out
of the propert! sold; pass a decree for such alance.
, . 7ecree where nothing is found due or where mortgagee has een overpaidI *otwithstanding an!thing
hereinefore contained; if it appears; upon taFing the account referred to in rule 3; that nothing is due to the
defendant or that he has een overpaid; the Court shall pass a decree directing the defendant; if so reDuired;
to re#transfer the propert! and to pa! to the plaintiff and amount which ma! e found due to him; and the
plaintiff 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 in
case of a foreclosure; sale or redemption; the Court shall; unless in the case of costs of the suit the conduct
of 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 the
preliminar! decree for foreclosure; sale or redemption up to the time of actual pa!ment"
@-3$A@&rovided that where the mortgagor; efore or at the time of the institution of the suit; tenders or
deposits the amount due on the mortgage; or such amount as is not sustantiall! deficient in the opinion of
the Court; he shall not e ordered to pa! the costs of the suit to the mortgagee and the mortgagor shall e
entitled to recover his own costs of the suit from the mortgagee; unless the Court; for reasons to e recorded;
otherwise directs.A
@-39A@$<A . &ower of Court to direct mortgagee to pa! =(mesne profitsI Where in a suit for foreclosure; the
mortgagor has; efore or at the time of the institution of the suit; tendered or deposited the sum on the
mortgage; or such sum as is not sustantiall! deficient in the opinion of the Court; the Court shall direct the
mortgagee to pa! to the mortgagor mesne profits for the period eginning with the institution of the suit.A
$$ . &a!ment of interestI (n an! decree passed in a suit for foreclosure; sale or redemption; where interest
is 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 the
preliminar! decree to e made ! the mortgagor or other person redeeming the mortgageI
>i? on the principal amount found or declared due on the mortgage;Iat the rate pa!ale on the principal; or;
where such rate at the Court deems reasonale and;
>iii? on the amount adGudged due to the mortgagee for costs; charges and expenses properl! incurred ! the
mortgagee in respect of the mortgagee#securit! up to the date of the preliminar! decree and added to the
mortgage#mone!;Iat the rate agreed etween the parties; or; failing such rate; at such rate not exceeding
six 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 sums
specified in clause >a? as calculated in accordance with that clause at the such rate as the Court deems
reasonale.
$9 . Sale of propert! suGect to prior mortgageI Where an! propert! the sale of which is directed under this
6rder is suGect to a prior mortgage; the Court ma!; with the consent of the prior mortgagee; direct that the
propert! e sold free from the same; giving to such prior mortgagee the same interest in the proceeds of the
sale as he had in the propert! sold.
$- . Application of proceedsI >$? Such proceeds shall e rought into Court and applied as follows"I
first; 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 of
costs properl! incurred in connection therewith;
thirdl!; in pa!ment of all interest due on account of the mortgage is conseDuence whereof the sale was
directed; 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 the
0ransfer of &ropert! Act; $%%9 >4 of $%%9?.
$4 . Suit for sale necessar! for ringing mortgaged propert! to saleI >$? Where a mortgagee has otained a
decree for the pa!ment of mone! in satisfaction of a claim arising under the mortgage; he shall not e
entitled to ring the mortgaged propert! to sale otherwise than ! instituting a suit for sale in enforcement of
the 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.
$. . )ortgages ! the deposit of title deeds and chargesI @-3-A@>$?A All the provisions contained in this
6rder which appl! to a simple mortgage shall; so far as ma! e; appl! to a mortgage ! deposit of title#deeds
within the meaning of section .%; and to a charge within the meaning of section $<< of the 0ransfer of
&ropert! Act; $%%9 >4 of $%%9?;
@-34A @>9? Where a decree orders pa!ment of mone! and charges it on immovale propert! on default of
pa!ment; the amount ma! e realised ! sale of that propert! in execution of that decree.A
ORDER )))*& INTERP#EADER
$ . &laint in interpleader#suitI (n ever! suit of interpleader the plaint shall; in addition to the other statements
necessar! 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 or
placed in the custod! of the Court; the plaintiff ma! e reDuired to so pa! or place it efore the he can e
entitled 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 the
plaintiff is pending shall; on eing informed ! the Court in which the interpleader#suit has een instituted;
sta! the proceedings as against him; and his costs in the suit so sta!ed ma! e provided for in such suit; ut
if; and in so far as; the! are not provided for in that suit; the! ma! e added to his costs incurred in the
interpleader#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 claimed;
award 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 enale
agents to sue their principles; or tenants to sue their landlords; for the purpose of compelling them to
interplead 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 from
him ! 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 a
securit! for a det due from himself to C. A afterwards alleges that CKs det is satisfied; and C alleges the
contrar!. =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 of
the 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 >$? &arties claiming to e interested in the decision of an!
Duestion of fact or law ma! enter into an agreement in writing stating such Duestion in the form of a case for
the opinion of the Court; and providing that; upon the finding of the Court with respect to such Duestion;I
>a? a sum of mone! fixed ! the parties or to e determined ! the Court shall e paid ! one of the parties
to the other of them; or
>? some propert!; movale or immovale; specified in the agreement; shall e delivered ! one of the
parties to the other of them; or
>c? one or more of the parties shall do; or refrain from doing; some other particular act specified in the
agreement.
>9? Ever! case stated under this rule shall e divided into consecutivel! numered paragraphs; and shall
concisel! state such facts and specif! such documents as ma! e necessar! to enale the Court to decide
the Duestion raised there!.
9 . Where value of suGect#matter must e statedI Where the agreement is for the deliver! of an! propert!;
or for the doing; or the refraining from doing; an! particular act; the estimated value of the propert! to e
delivered; or to which the act specified has reference; shall e stated in the agreement.
- . Agreement to e filed and registered as suitI >$? 0he agreeement if framed in accordance with the rules
hereinefore contained; ma! e filed @-3.A@with an applicationA 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 the
suGect#matter of the agreement.
>9?@-32A @0he applicationA when so filed; shall e numered and registered as a suit etween one or more of
the parties claiming to e interested as plaintiff or plaintiffs; and the other or the others of them as defendant
or defendants; and notice shall e given to all the parties to the agreement; other than the part! or parties !
whom @-33A@the application was presented.A
4 . &arties to e suGect to CourtKs GurisdictionI Where the agreement has een filed; the parties to it shall
e 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 the
ordinar! 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%A @2 . *o appeal from a decree passed under rule .I *o appeal shall lie from a decree passed under
rule ..A
ORDER )))*II&S'$$AR% PROCED'RE
@-3,A@$ . Courts and classes of suits to which the 6rder is to appl!I >$? 0his 6rder shall appl! to the
following 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 the
6fficial 1aCette; restrict the operation of this 6rder onl! to such categories of suits as it deems proper; and
ma! also; from time to time; as the circumstances of the case ma! reDuire; ! suseDuent notification in the
6fficial 1aCette; further restrict; enlarge or var!; the categories of suits to e rought under the operation of
this 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 ! the
defendant; with or without interest; arising;I
>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 a
det 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!.A
@-%<A@9 . (nstitution of summar! suitsI >$? A suit; to which this 6rder applies; ma! if the plaintiff desires to
proceed hereunder; e instituted ! presenting a plaint which shall contain;I
>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
E>/nder 6rder 5558(( of the Code of Civil &rocedure; $,<3?.E
>9? the summons of the suit shall e in :orm *o. 4 in Appendix = or in such other form as ma!; from time to
time; e prescried.
>-? 0he defendant shall not defend the suit referred to in su# rule >$? unless he enters an appearance and in
default of his entering an appearance the allegations in the plaint shall e deemed to e admitted and the
plaintiff shall entitled to a decree for an! sum; not exceeding the sum mentioned in the summons; together
with interest at the rate specified; if an!; up to the date of the decree and such sum for costs as ma! e
determined ! the High Court from time to time ! rules made in that ehalf and such decree ma! e
executed forthwith.A
@-%$A@- . &rocedure for the appearance of defendantI >$? (n a suit to which this 6rder applies; the plaintiff
shall; together with the summons under rule 9; serve on the defendant a cop! of the plaint and annexures
thereto and the defendant ma!; at an! time within ten da!s of such service; enter an appearance either in
person 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 on
the defendant; shall deemed to have een dul! served on him if the! are left at the address given ! him for
such service.
>-? 6n the da! of entering the appearance; notice of such appearance shall e given ! the defendant to the
plaintiffKs 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 time;
returnale not less than ten da!s from the date of service supported ! an affidavit verif!ing the cause of
action 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; ! affidavit
or otherwise disclosing such facts as ma! e deemed sufficient to entitle him to defend; appl! on such
summons for leave to defend such suit; and leave to defend ma! e granted to him unconditionall! or upon
such 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 ! the
defendant 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 to
e due from him; leave to defend the suit shall not e granted unless the amount so admitted to e due is
deposited ! the defendant in Court.
>2? At the hearing of such summons for Gudgment;I
>a? if the defendant has not applied for leave to defend; or if such application has een made and is refused;
the 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; on
failure 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 defendant
in entering an appearance or in appl!ing for leave to defend the suit.A
4 . &ower to set aside decreeI After decree for the Court ma!; under special circumstances set aside the
decree; and if necessar! sta! or set aside execution; and ma! give leave to the defendant to appear to the
summons and to defend the suit; if it seems reasonale to the Court so to do; and on such terms as the
Court thinFs fit.
. . &ower to order ill; etc.; to e deposited with officer of CourtI (n an! proceeding under this 6rder the
Court 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 the
costs thereof.
2 . Recover! of cost of noting non#acceptance of dishonoured ill or noteI 0he holder of ever! dishonoured
ill of exchange or promissor! note shall have the same remedies for the recover! of the expenses incurred
in noting the same for non#acceptance or non#pa!ment otherwise; ! reason of such dishonour; as he has
under 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 same
as 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 suit;
other than a suit of the nature referred to in section $2; clauses >a? to >d?; the Court is satisfied; ! affidavit or
otherwise;I
>a? that the defendant; with intent to dela! the plaintiff; or to avoid an! process of the Court or to ostruct or
dela! 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 thereof;
or
>? that the defendant is aout to leave (ndia under circumstances affording reasonale proailit! that the
plaintiff will or ma! there! e ostructed or dela!ed in the execution of an! decree that ma! e passed
against 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! he
should 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 the
warrant an! sum specified in the warrant as sufficient to satisf! the plaintiffKs claim; and such sum shall e
held 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 in
Court mone! or other propert! sufficient answer the claim against him; or to furnish securit! for his
appearance at an! time when called upon while the suit is pending and until satisfaction of an! decree that
ma! 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 defendant
ma! 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 the
defendant to find fresh securit!.
4 . &rocedure where defendant fails to furnish securit! or find fresh securit!I Where the defendant fails to
compl! 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 six
months; nor for a longer period than six weeFs when the amount or value of the suGect#matter of the suit
does not exceed fift! rupees"
&rovided also that no person shall e detained in prison under this rule after he has complied with such
order.
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 or
dela! the execution of an! decree that ma! e passed against him;I
>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 the
Court;
the Court ma! direct the defendant; within a time to e fixed ! it; either to furnish securit!; in such sum as
ma! e specified in the order; to produce and place at the disposal of the Court; when reDuired; the said
propert! 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 the
estimated value thereof.
>-? 0he Court ma! also in the order direct the conditional attachment of the whole or an! portion of the
propert! so specified.
@-%9A @>4? (f an order of attachment is made without compl!ing with the provisions of su#rule >$? of this rule
such attachment shall e void.A
2 . Attachment where cause not shown or securit! not furnishedI >$? Where the defendant fails to show
cause wh! he should not furnish securit!; or fails to furnish the securit! reDuired; within the time fixed ! the
Court; 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 or
an! 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 the
manner provided for the attachment of propert! in execution of a decree.
@-%-A@% . AdGudication of claim to propert! attached efore GudgmentI Where an! claim is preferred to
propert! attached efore Gudgment; such claim shall e adGudicated upon in the manner hereinefore
provided for the adGudicated of claims to propert! attached in execution of a decree for the pa!ment of
mone!.A
, . Removal of attachment when securit! furnished or suit dismissedI Where an order is made for
attachment efore Gudgment; the Court shall order the attachment to e withdrawn when the defendant
furnishes the securit! reDuired; together with securit! for the cost of the attachment; or when the suit is
dismissed.
$< . Attachment efore Gudgment not to affect rights of strangers; nor ar decree#holder from appl!ing for sale
I Attachment efore Gudgment shall not affect the rights; existing prior to the attachment; of persons not
parties 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! is
under attachment ! virtue of the provisions of this order and a decree is suseDuentl! passed in favour of
the plaintiff; it shall not e necessar! upon a application for execution of such decree to appl! for a re#
attachment of the propert!.
@-%4A@$$A . &rovisions applicale to attachmentI >$? 0he provisions of this Code applicale to an attachment
made in execution of a decree shall so far as ma! e; appl! to an attachment made efore Gudgment which
continues after the Gudgment ! virtue of the provisions of rule $$.
>9? An attachment made efore Gudgment in a suit which is dismissed for default shall not ecome revived
merel! ! reason of the fact that the order for the dismissal of the suit for default has een set aside and the
suit has een restored.A
$9 . Agricultural produce not attachale efore GudgmentI *othing in this 6rder shall e deemed to
authoriCe the plaintiff to appl! for the attachment of an! agricultural produce in the possession of an
agriculturist; or to empower the Court to order the attachment or production of such produce.
$- . Small Cause Court not to attach immovale propert!I *othing in this 6rder shall e deemed to
empower an! Court of Small Causes to maFe order for the attachment of immovale propert!.
ORDER )))I)&TE$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 or
otherwiseI
>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 @-%.A
@defraudingA his creditors;
@-%2A @>c? that the defendant threatens to dispossess; the plaintiff or otherwise cause inGur! to the plaintiff in
relation to an! propert! in dispute in the suit;A
the Court ma! e order grant a temporar! inGunction to restrain such act; or maFe such other order for the
purpose of sta!ing and preventing the wasting; damaging; alienation; sale; removal or disposition of the
propert! @-%3A@or dispossession of the plaintiff; or otherwise causing inGur! to the plaintiff in relation to an!
propert! in dispute in the suitA as the Court thinFs fit; until the disposal of the suit or until further orders.
9 . (nGunction to restrain repetition or continuance of reachI >$? (n an! suit for restraining the defendant
from committing a reach of contract or other inGur! of an! Find; whether compensation is claimed in the suit
or not; the plaintiff ma!; at an! time after the commencement of the suit; and either efore or after Gudgment;
appl! to the Court for a temporar! inGunction to restrain the defendant from committing the reach of contract
or inGur! complained; of; or an! reach of contract or inGur! of a liFe Find arising out of the same contract or
relating to the same propert! or right.
>9? 0he Court ma! e order grant such inGunction; on such terms as to the duration of the inGunction; Feeping
an account; giving securit!; or otherwise; as the Court thinFs fit.
@-%%A@H H H H A
S0A0E A)E*7)E*0S
)adh!a &radesh.I (n 6rder -,; rule 9; in su#rule >9?; insert the following proviso"I
E&rovided that no such inGunction shall e grantedI
>a? where no perpetual inGunction could e granted in view of the provisions of section -% and section 4$ of
the Specific Relief Act; $,2- >43 of $,2-?; or
>? to sta!; the operation of an order for transfer; suspension; reduction in ranF; compulsor! retirement;
dismmissal; 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! or
Corporation 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 with
the affairs of the State including an! emplo!ee of the compan! owned or controlled ! the State
1overnment; 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 ! the
1overnment; or to sta! the proceedings for the recover! of an! dues recoverale as land revenue unless
adeDuate securit! is furnished; and an! order for inGuction granted in contravention of these provisions shall
e void.E
@).&. Act 9, of $,%4A.
/ttar &radesh.I (n rule 9; su#rule >9?; interest the following proviso"I
E&rovided that no such inGunction shall e grantedI
>a? where no perpetual inGunction could e granted in view of the provisions of section -% and section 4$ of
the Specific Relief Act; $,2- >43 of $,2-?; or
>? to sta! the operation of an order for transfer; suspension; reduction in ranF; compulsor! retirement;
dismissal; 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 a
Societ!; 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 unless
adeDuate securit! is furnished; or
>g? to sta! the proceedings of the recover! of an! dues recoverale as land revenue unless adeDuate
securit! is furnished; or
>h? in an! matter where a reference can e made to the Chancellor of a /niversit! under an! enactment for
the time eing inforce;
and an! order for inGunction granted in contravention of these provisions shall e voidE.
@/.&. Act .3 of $,32 amended ! *otification dated -.$<.$,%$A.
@-%,A@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 the
inGunction was granted or the order made; the Court granting the inGunction or maFing the order; or an! Court
to which the suit or proceeding is transferred; ma! order the propert! of the person guilt! of such
disoedience or reach to e attached; and ma! also order such person to e detained in the civil prison for
a 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 time
if the disoedience or reach continues; the propert! attached ma! e sold and out of the proceeds; the
Court ma! award such compensation as it thinFs fit to the inGured part! and shall pa! the alance; if an!; to
the part! entitled thereto.A
- . =efore granting inGunction; Court to direct notice to opposite part!I 0he Court shall in all case; except
where it appears that the oGect of granting the inGunction would e defeated ! the dela!; efore granting an
inGunction; direct notice of the application for the same to e given to the opposite part!"
@-,<A @&rovided that; where it is proposed to grant an inGunction without giving notice of the application to the
opposite part!; the Court shall record the reasons for its opinion that the oGect of granting the inGunction
would 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 granting
the 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!; an
affidavit stating that the copies aforesaid have een so delivered or sent.A
@-,$A@-A . Court to dispose of application for inGunction within thirt! da!s.I Where an inGunction has een
granted without giving notice to the opposite part!; the Court shall maFe an endeavour to finall! dispose of
the application within thirt! da! from the date on which the inGunction was granted; and where it is unale so
to do; it shall record its reasons for such inailit!.A
4 . 6rder for inGunction ma! e discharged; varied or set asideI An! order for an inGunction ma! e
discharged; or varied; or set aside ! the Court; on application made thereto ! an! part! dissatisfied with
such order"
@-,9A @&rovided that if in an application for temporar! inGunction or in an! affidavit support such application a
part has Fnowingl! made a false or misleading statement in relation to a material particular and the inGunction
was granted without giving notice to the opposite part!; the Court shall vacate the inGunction unless; for
reasons 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! of
eing heard; the order shall not e discharged; varied or set aside on the application of that part! except
where such discharge; variation or setting aside has een necessitated ! a change in the circumstances; or
unless the Court is satisfied that the order has caused under hardship to that part!.A
S0A0E A)E*7)E*0S
)adh!a &radesh.I (n Rule 4"I
>i? after the words E! the CourtE; inserted the words Efor reasons to e recorded; either on its own motion orE;
and
>ii? at the end; add the following proviso"I
E&rovided also that if at an! stage of the suit it appears to the Court that the part! in whose favour the order
of inGunction exists is dela!ing the proceedings or is otherwise ausing the process of Court; it shall set aside
the order of inGunction.E
@).&. Act 9, of $,%4A.
/ttar &radesh.I Same as that of )adh!a &radesh except for the word Edela!ingE sustitute EdilatingE in the
proviso.
@/.&. Act .3 of $,32A.
. . (nGunction to corporation inding on its officerI An inGunction directed to a corporation is inding not onl!
on the corporation itself; ut also on all memers and officers of the corporation whose personal action it
seeFs to restrain.
(nterlocutor! orders
2 . &ower to order interim saleI 0he Court ma!; on the application of an! part! to a suit; order the sale; !
an! person named in such order; and in such manner and on such terms as it thinFs fit; of an! movale
propert! eing the suGect#matter of such suit or attached efore Gudgment in such suit; which is suGect to
speed! and natural deca!; or which for an! other Gust and sufficient cause it ma! e desirale to have sold at
once.
3 . 7etention; preservation; inspection; etc.; of suGect#matter of suit I >$? the Court ma!; on the application
of an! part! to a suit; and on such terms as it thinFs fit;I
>a? maFe an order for the detention; preservation or inspection of an! propert! which is the suGect#matter of
such suit or; as to which an! Duestion ma! arise therein;
>? for all or an! of the purposes aforesaid authoriCe an! person to enter upon or into an! land or uilding in
the possession of an! other part! to such suit; and
>c? for all or an! of the purposes aforesaid authoriCe an! samples to e taFen; or an! oservation to e made
or 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 authoriCed to enter
under this rule.
% . Application for such orders to e after noticeI >$? An application ! the plaintiff for an order under rule 2
or rule ma! e made@-,-AHHHHat an! time after institution of the suit.
>9? An application ! the defendant for a liFe order ma! e made@-,4AHHHat an! time after appearance.
@-,.A @>-? =efore maFing an order under rule 2 or rule 3 on an application made for the purpose; the Court
shall except where it appears that the oGect of maFing such order would e defeated ! the dela!; direct
notice thereof to e given to the opposite part!.A
, . 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 of
such land or tenure neglects to pa! the 1overnment revenue; or the rent due to the proprietor of the tenure;
as the case ma! e; and such land or tenure is conseDuentl! ordered to e sold; an! other part! to the suit
claiming 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 the
land or tenure;
and the Court in its decree ma! award against the defaulter the amount so paid; with interest thereon at such
rate as the Court thinFs fit; or ma! charge the amount so paid; with interest thereon at such rate as the Court
orders; in an! adGustment of accounts which ma! e directed in the decree passed in the suit.
$< . 7eposit of mone!; etc. in CourtI Where the suGect#matter of a suit is mone! or some other thing
capale of deliver! and an! part! thereto admits that he holds such mone! or other thing as a trustee for
another part!; or that it elongs or is due to another part!; the Court ma! order the same to e deposited in
Court or delivered to such last#named part!; with or without securit!; suGect to the further direction of the
Court.
ORDER )#& APPOINT$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 realiCation;
management; protection; preservation and improvement of the propert!; the collection of the rents and profits
thereof; the application and disposal of such rents and profits; and the execution of documents as the owner
himself has; or such those powers as the Court thinFs fit.
>9? *othing in this rule shall authoriCe 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 for
the 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 of
the 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 to
maFe 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 the
1overnment; or land of which the revenue has een assigned or redeemed; and the Court considers that the
interests of those concerned will e promoted ! the management of the Collector; the Court ma!; with the
consent of the Collector appoint him to e receiver of such propert!.
ORDER )#I&APPEA#S +RO$ ORI(INA# DECREES
$ . :orm of appeal. What to accompan! memorandumI >$? Ever! appeal shall e preferred in the form of a
memorandum signed ! the appellant or his pleader and presented to the Court or to such officer as it
appoints in this ehalf. 0he memorandum shall e accompanied ! a cop! of the decree appealed from and
>unless the Appellate Court dispenses therewith? of the Gudgment on which it is founded"
@-,2A @&rovided that where two or more suits have een tried together and a common Gudgment has een
delivered therefor and two or more appeals are filed against an! decree covered ! that Gudgment; whether
! the same appellant or ! different appellants; the Appellate Court dispense with the filing of more than one
cop! of the Gudgment.A
>9? Contents of memorandumI0he memorandum shall set forth; concisel! and under distinct heads; the
grounds of oGection to the decree appealed from without an! argument or narrative; and such grounds shall
e numered consecutivel!.
@-,3A @>-? Where the appeal is against a decree for pa!ment of mone!; the appellant shall; within such time
as the Appellate Court ma! allow; deposit the amount disputed in the appeal or furnish such securit! in
respect thereof as the Court ma! thinF fit.A
9 . 1rounds which ma! e taFen in appealI 0he appellant shall not except ! leave of the Court; urge or e
heard in support of an! ground of oGection not set forth in the memorandum of appeal; ut the Appellate
Court in deciding the appeal; shall not e confined to the grounds of oGections set forth in the memorandum
of appeal or taFen ! leave of the Court under this rule"
&rovided that the Court shall not rest its decision on an! other ground unless the part! who ma! e affected
there! has had a sufficient opportunit! of contesting the case on that ground.
- . ReGection or amendment of memorandumI >$? Where the memorandum of appeal is not drawn up in the
manner hereinefore prescried; it ma! e reGected; or e returned to the appellant for the purpose of eing
amended within a time to e fixed ! the Court or e amended then and there.
>9? Where the Court reGects an! memorandum; it shall record the reasons for such reGection.
>-? Where a memorandum of appeal is amended; the Judge; or such officer as he appoints in this ehalf;
shall sign or initial the amendment.
@-,%A@-A . Application for condonation of dela!I >$? When a appeal is presented after the expir! of the period
of limitation specified therefor; it shall e accompanied ! an application supported ! affidavit setting forth
the facts on which the appellant relies to satisf! the Court that he had sufficient cause for not preferring the
appeal within such period.
>9? (f the Court sees no reason to reGect the application without the issue of a notice to the respondent; notice
hereof shall e issued to the respondent and the matter shall e finall! decided ! the Court efore it
proceeds to deal with the appeal under rule $$ or rule $-; as the case ma! e.
>-? Where an application has een made under su#rule >$? the Court shall not made an order fact the sta! of
execution of the decree against which the appeal is proposed to e filed so long as the Court does not; after
hearing under rule $$; decide to hear the appeal.A
4 . 6ne of several plaintiff or defendants ma! otain reversal of whole decree where it proceeds on ground
common to allI Where there are more plaintiff or more defendants then one in a suit; and the decree
appealed from proceeds on an! ground common to all the plaintiffs or to all the defendants; an! one of the
plaintiffs or of the defendants ma! appeal from the whole decree; and thereupon the Appellate Court ma!
reverse or var! the decree in favour of all the plaintiffs or defendants; as the case ma! e.
Sta! of proceedings and of execution
. . Sta! ! Appellate CourtI >$? An appeal shall not operate as a sta! of proceedings under a decree or
order appealed from except so far as the Appellate Court ma! order; nor shall execution of a decree e
sta!ed ! reason onl! of an appeal having een preferred from the decree; ut the Appellate Court ma! for
sufficient cause order sta! of execution of such decree.
@-,,A @ExplanationIAn order ! the Appellate Court for the sta! of execution of the decree shall e effective
from the date of the communication of such order to the Court of first instance ut an affidavit sworn ! the
appellant; ased on his personal Fnowledge; stating that an order for the sta! of execution of the decree has
een made ! the Appellate Court shall; pending the receipt from the Appellate Court of the order for the sta!
of execuiton or an! order to the contrar!; e acted upon ! the Court of first instance.A
>9? Sta! ! Court which passed the decreeIWhere an application is made for sta! of execution of an
appealale decree efore the expiration of the time allowed for appealing therefrom; the Court which passed
the decree ma! on sufficient cause eing shown order the execution to e sta!ed.
>-? *o order for sta! of execution shall e made under su#rule >$? or su#rule >9? unless the Court maFing it
is satisfiedI
>a? that sustantial loss ma! result to the part! appl!ing for sta! of execution unless the order is made;
>? that the application has een made without unreasonale dela!; and
>c? that securit! has een given ! the applicant for the due performance of such decree or order as ma!
ultimatel! e inding upon him.
>4? @4<<A@SuGect to the provisions of su#rule >-?A; the Court ma! maFe an ex parte order for sta! of
execution pending the hearing of the application.
@4<$A @>.? *otwithstanding an!thing contained in the foregoing su#rules; where the appellant fails to maFe
the deposit or furnish the securit! specified in su#rule >-? of rule $; the Court shall not maFe an order sta!ing
the execution of the decree.A
2 . Securit! in case of order for execution of decree appealed fromI >$? Where an order is made for the
execution of a decree from which an appeal is pending; the Court which passed the decree shall; on
sufficient cause eing shown ! the appellant; reDuire securit! to e taFen for the restitution of an! propert!
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 liFe
cause 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 an
appeal is pending from such decree; the sale shall; on the application of the Gudgment# detor to the Court
which made the order; e sta!ed on such terms as to giving securit! or otherwise as the Court thinFs fit until
the appeal is disposed of.
3 . *o securit! to e reDuired from the 1overnment or a pulic officer in certain cases. Rep. ! the A.6.
$,-3.A
% . Exercise of powers in appeal from order made in execution of decreeI 0he powers conferred ! rules .
and 2 shall e exercisale where an appeal ma! e or has een preferred not from the decree ut from an
order made in execution of such decree.
&rocedure on admission of appeal
, . Registr! of memorandum of appealI >$? Where a memorandum of appeal is admitted; the Appellate
Court or the proper officer of that Court shall endorse thereon the date of presentation; and shall register the
appeal 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 its
discretion; either efore the respondent is called upon to appear and answer or afterwards on the application
of the respondent; demand from the appellant securit! for the costs of the appeal; or of the original suit; or of
oth"
Where appellant resides out of (ndiaI&rovided that the Court shall demand such securit! in all cases in
which 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 the
appeal.
$$ . &ower to dismiss appeal without sending notice to 'ower CourtI >$? 0he Appellate Court; after sending
for the record if it thinFs fit so to do; and after fixing a da! for hearing the appellant or his pleader and hearing
him accordingl! if he appears on that da!; ma! dismiss the appeal without sending notice to the Court from
whose decree the appeal is preferred and without serving notice on the respondent or his pleader.
>9? (f on the da! fixed or an! other da! to which the hearing ma! e adGourned the appellant does not appear
when the appeal is called on for hearing; the Court ma! maFe an order that the appeal e dismissed.
>-? 0he dismissal of an appeal under this rule shall e notified to the Court from whose decree the appeal is
preferred.
@4<9A @>4? Where an Appellate Court; not eing the High Court; dismisses an appeal under su#rule >$?; it
shall deliver a Gudgment; recording in rief its grounds for doing so; and a decree shall e drawn up in
accordance with the Gudgment.A
@4<-A@$$A . 0ime within which hearing under rule $$ should e concludedI Ever! appeal shall e heard
under rule $$ as expeditiousl! as possile and endeavour shall e made to conclude such hearing within
sixt! da!s from the date on which the memorandum of appeal is filed.A
$9 . 7a! for hearing appealI >$? /nless the Appellate Court dismisses the appeal under rule $$; it should fix
a da! for hearing the appeal.
>9? Such da! shall e fixed with reference to the current usiness of the Court; the place of residence of the
respondent; and the time necessar! for the service of the notice of appeal; so as to allow the respondent
sufficient time to appear and answer the appeal on such da!.
$- . Appellate Court to give notice to Court whose decree appealed fromI >$? Where the appeal is not
dismissed under rule $$; the Appellate Court shall send notice of the appeal to the Court from whose decree
the appeal is preferred.
>9? 0ransmission of papers to Appellate CourtIWhere the appeal is from the decree of a Court; the records
of which are not deposited in the Appellate Court; the Court receiving such notice shall send with all
practicale 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 Court
from whose decree the appeal is preferred; specif!ing an! of the papers in such Court of which he reDuires
copies 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 $9
shall e affixed in the Appellate Court#house; and a liFe notice shall e sent ! the Appellate Court to the
Court from whose decree the appeal is preferred; and shall e served on the respondent or on his pleader in
the Appellate Court in the manner provided for the service on a defendant of a summons to appear and
answer; and all the provisions applicale to such summons; and to proceedings with reference to the service
thereof; shall appl! to the service of such notice.
>9? Appellate Court ma! itself cause notice to e servedI(nstead of sending the notice to the Court from
whose decree the appeal is preferred; the Appellate Court ma! itself cause the notice to e served on the
respondent or his pleader under the provisions aove referred to.
@4<4A @>-? 0he notice to e served on the respondent shall e accompanied ! a cop! of the memorandum of
appeal.
>4? *otwithstanding an!thing to the contrar! contained in su# rule >$?; it shall not e necessar! to serve
notice of an! proceeding incidental to an appeal on an! respondent other than a person impleaded for the
first time in the Appellate Court; unless he has appeared and filed an address for the service in the Court of
first instance or has appeared in the appeal.
>.? *othing in su#rule >4? shall ar the respondent referred to in the appeal from defending it.A
$. . 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; the
appellant 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 appeal
and 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 the
hearing ma! e adGourned; the appellant does not appear when the appeal is called on for hearing; the Court
ma! maFe an order that the appeal e dismissed.
@4<.A @ExplanationI*othing in this su#rule shall e construed as empowering the Court to dismiss the
appeal on the merits.A
>9? Hearing appeal =(ex parte=IWhere the appellant appears and the respondent does not appear the
appeal shall e heard ex parte;
$% . 7ismissal of appeal where notice not served in conseDuence of appellantKs failure to deposit costsI
Where on the da! fixed; or on an! other da! to which the hearing ma! e adGourned; it is found that the
notice to the respondent has not een served in conseDuence of the failure of the appellant to deposit; within
the period fixed; the sum reDuired to defra! the costs of serving the notice @4<2A@or; if the notice is returned
unserved; and it is found that the notice to the respondent has not een issued in conseDuence of the failure
of the appellant to deposit; within an! suseDuent period fixed; the sum reDuired to defra! the cost of an!
further attempt to serve the notice;A 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; if
on 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 such
terms as to costs or otherwise as it thinFs fit.
9< . &ower to adGourn hearing and direct persons appearing interested to e made respondentsI @4<3A@>$?A
Where it appears to the Court at the hearing that an! person who was a part! to the suit in the Court from
whose decree the appeal is preferred; ut who has not een made a part! to the appeal; is interested in the
result of the appeal; the Court ma! adGourn the hearing to a future da! to e fixed ! the Court and direct that
such person e made a respondent.
@4<%A @>9? *o respondent shall e added under this rule; after the expir! of the period of limitation for appeal;
unless the Court; for reasons to e recorded; allows that to e done; on such terms as to costs as it thinFs
fit.A
9$ . Re#hearing on application of respondent against whom =(ex parte decree madeI Where an appeal is
heard ex parte and Gudgment is pronounced against the respondent; he ma! appl! to the Appellant Court to
re#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 the
appeal 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<,A@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#oGectionA 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 of
service on him or his pleader of notice of the da! fixed for hearing the appeal; or within such further time as
the Appellate Court ma! see fit to allow.
@4$<A @ExplanationIA respondent aggrieved ! a finding of the Court in the Gudgment on which the decree
appealed against is ased ma!; under this rule; file cross#oGection in respect of the decree in so far as it is
ased on that finding; notwithstanding that ! reason of the decision of the Court on an! other finding which
is sufficient for the decision of the suit; the decree; is; wholl! or in part; in favour of that respondent.A
>9? :orm of oGection and provisions applicale theretoISuch cross#oGection shall e in the form of a
memorandum; and the provisions of rule $; so far as the! relate to the form and contents of the
memorandum 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 a
cop! to e served; as soon as ma! e after the filing of the oGection; on such part! or his pleader at the
expense of the respondent.
>4? Where; in an! case in which an! respondent has under this rule filed a memorandum of oGection; the
original appeal is withdrawn or is dismissed for default; the oGection so filed ma! nevertheless e heard and
determined 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 has
disposed 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 is
preferred; which directions to re#admit the suit under its original numer in the register of civil suits; and
proceed 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$$A@9-A . Remand in other casesI Where the Court from whose decree an appeal is preferred has
disposed 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-.A
94 . Where evidence on record sufficient; Appellate Court ma! determine case finall!I Where the evidence
upon 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 on
which Appellate Court proceeds.
9. . Where Appellate Court ma! frame issues and refer them for trial to Court whose decree appealed fromI
Where the Court from whose decree the appeal is preferred has omitted to frame or tr! an! issue; or to
determine an! Duestion of fact; which appears to the Appellate Court essential to the right decision of the suit
upon the merits the Appellate Court ma!; if necessar!; frame issues; and refer the same for trial to the Court
from 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$9A@within such time as ma! e fixed ! the Appellate
Court or extended ! it from time to time.A
92 . :inding and evidence to e put on record. 6Gections to findingI >$? Such evidence and findings shall
form part of the record in the suit; and either part! ma! within a time to e fixed ! the Appellate Court;
present a memorandum of oGections to an! finding.
>9? 7etermination of appealIAfter the expiration of the period so fixed for presenting such memorandum the
Appellate Court shall proceed to determine the appeal.
@4$-A@92A . 6rder of remand to mention date of next hearingI Where the Appellate Court remands a case
under rule 9- or rule 9-A; or frames issues and refers them for trial under rule 9.; it shall fix a date for the
appearance of the parties efore the Court from whose decree the appeal was preferred for the purpose of
receiving the directions of that Court as to further proceedings in the suit.A
93 . &roduction of additional evidence in Appellate CourtI >$? 0he parties to an appeal shall not e entitled
to 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 have
een admitted; or
@4$4A @>aa? the part! seeFing to produce additional evidence; estalishes that notwithstanding the exercise of
due diligence; such evidence was not within his Fnowledge or could not; after the exercise of due diligence;
e produced ! him at the time when the decree appealed against was passed; orA
>? the Appellate Court reDuires an! document to e produced or an! witness to e examined to enale it to
pronounce Gudgment; or for an! other sustantial cause;
the Appellate Court ma! allow such evidence or document to e produced; or witness to e examined.
>9? Wherever additional evidence is allowed to e produced ! an Appellate Court; the Court shall record the
reason for its admission.
9% . )ode of taFing additional evidenceI Wherever additional evidence is allowed to e produced; the
Appellate Court ma! either taFe such evidence or direct the Court from whose decree the appeal is
preferred; or an! other suordinate Court; to taFe such evidence and to send it when taFen to the Appellate
Court.
9, . &oints to e defined and recordedI Where additional evidence is directed or allowed to e taFen; the
Appellate Court shall specif! the points to which the evidence is to e confined and record on its proceedings
the points so specified.
Judgment in appeal
-< . Judgment when and where pronouncedI @4$.A@>$?A 0he Appellate Court; after hearing the parties or
their pleaders and referring to an! part of the proceedings; whether on appeal or in the Court from whose
decree the appeal is preferred; to which reference ma! e considered necessar!; shall pronounce Gudgment
open Court; either at once or on some future da! of which notice shall e given to the parties or their
pleaders.
@4$2A @>9? Where a written Gudgment is to e pronounced; it shall e sufficient if the points for determination;
the decision thereon and the final order passed in the appeal are read out and it shall not e necessar! for
the Court to read out the whole Gudgment; ut a cop! of the whole Gudgment shall e made availale for the
perusal of the parties or their pleaders immediatel! after the Gudgment in pronounced.A
-$ . Contents; date and signature of GudgmentI 0he Gudgment of the Appellate Court shall e in writing and
shall 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; and
shall 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 from
which the appeal is preferred; or; if the parties to the appeal agree as to the form which the decree in appeal
shall taFe; or as to the order to e made in appeal; the Appellate Court ma! pass a decree or maFe an order
accordingl!.
-- . &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 order
as the case ma! reDuire; and this power ma! e exercised ! the Court notwithstandng that the appeal is as
to part onl! of the decree and ma! e exercised in favour of all or an! of the respondents or parties; although
such respondents or parties ma! not have filed an! appeal or oGection @4$3A@and ma!; where there have
een decrees in cross#suits or where two or more decrees are passed in one suit; e exercised in respect of
all or an! of the decrees; although an appeal ma! not have een filed against such decreesA"
@4$%A @&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 such
order.A
(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. 5;
appeals; and A and + are respondents. 0he Appellate Court decides in favour of 5. (f has power to pass a
decree against +.
-4 . 7essent to e recordedI Where the appeal is heard ! more Gudges that one; an! Gudge dissenting
from the Gudgment of the court shall state in writing the decision or order which he thinFs should e passed
on the appeal; and he ma! state his reasons for the same.
7ecree in appeal
-. . 7ate and contents of decreeI >$? 0he decree of the Appellate Court shall ear date the da! of which the
Gudgment was pronounced.
>9? 0he decree shall contain the numer of the appeal; the names and descriptions of the appellant and
respondent; and a clear specification of the relief granted or other adGudication made.
>-? 0he decree shall also state the amount of costs incurred in the appeal; and ! whom; or out of what
propert!; and in what proportions such costs and the costs in the suit are to e paid.
>4? 0he decree shall e signed and dated ! the Judge or Judges who passed it"
Judge dissenting from Gudgment need not sign decreeI&rovided that where there are more Judges than one
and there is a difference of opinion among them; it shall not e necessar! for an! Judge dissenting from the
Gudgment of the Court to sign the decree.
-2 . Copies of Gudgment and decree to e furnished to partiesI Certified copies of the Gudment and decree in
appeal shall e furnished to the parties on application to the Appellate Court and at their expense.
-3 . Certified cop! of decree to e sent to Court whose decree appealed fromI A cop! of the Gudgment and
of the decree; certified ! the Appellate Court or such officer as it appoints in this ehalf; shall e sent to the
Court which passed the decree appealed from and shall e filed with the original proceedings in the suit; and
an entr! of the Gudgment of the Appellate Court shall e made in the register of civil suits.
ORDER )#II&APPEA#S +RO$ APPE##ATE DECREES
$ . &rocedureI 0he rules of 6rder 5'( shall appl!; so far as ma! e; to appeals from appellate decrees.
@4$,A@9 . &ower of Court to direct that the appeal e heard on the Duestion formulated ! itI At the time of
maFing an order under rule $$ or 6rder 5'( for the hearing of a second appeal; the Court shall formulate the
sustantial Duestion of law as reDuired ! section $<< and in doing so; the Court ma! direct that the second
appeal e heard on the Duestion so formulated and it shall not e open to the appelant to urge an! other
ground 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 first
instance shall; in the case of an appeal from an appellate decree or order; e construed as a reference to the
Court to which the appeal was preferred from the original decree or order.A
ORDER )#III&APPEA#S +RO$ ORDERS
$ . Appeal from ordersI An appeal shall lie from the following orders under the provisions of section $<4;
namel!"I
>a? an order under rule $< of 6rder 8(( returning a plaint to e presented to the proper Court @49<A@except
where the procedure specified in rule $<A of 6rder 8(( has een followedA;
@49$AHHHHH
>c? an order under rule , of 6rder (5 reGecting an application >in a case open to appeal? for an order to set
aside 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 set
aside a decree passed ex parte
@499AHHHHH
>f? an order under rule 9$ of 6rder 5(;
@49-AHHHHH
>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;
@494A @>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 that
6rder is appealale.A
>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.AHHHHH
>n? an order under rule 9 of 6rder 558 reGecting an application >in a case open to appeal? for an order to set
aside the dismissal of a suit;
@492A @>na? an order under rule . or rule 3 of 6rder 555((( reGecting an application for permission to sue as an
indigent persons"A
@493AHHHHH
>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%A@rule 9AA; 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; an
appeal;
>u? an order rule 9- @49,A@or rule 9-AA of 6rder 5'( remanding a case; where an appeal would lie from the
decree of the Appellate Court;
@4-<AHHHHH
>w? an order under rule 4 of 6rder 5'8(( granting an application for review.
@4-$A@$A . Right to challenge non#appealale orders in appeal against decreeI >$? Where an! order is made
under 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 een
made 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 a
compromise; it shall e open to the appellant to contest the decree on the ground that the compromise
should; or should not; have een recorded.A
9 . &rocedureI 0he rules of 6rder 5'( shall appl!; so far as ma! e; to appeals from orders.
ORDER )#I*&01;<20APPEA#S B% INDI(ENT PERSONS2
$ . Who ma! appeal @4--A@as an indigent personAI >$? An! person entitled to prefer an appeal; who is unale
to pa! the fee reDuired for the memorandum of appeal; ma! present an application accompanied ! a
memorandum of appeal; and ma! e allowed to appeal as an @4-4A@indigent personA; suGect; in all matters;
including the presentation of such application; to the provisions relating to suits ! @4-.A@indigent personA; in
so far as those provisions are applicale.
&roviso omitted ! Act *o. 22 of $,.2; s. $4.
@4-2AH H H H H
@4-3A@9 . 1rant of time for pa!ment of court#feeI Where an application is reGected under rule $; the Court
ma!; while reGecting the application; allow the applicant to pa! the reDuisite Court#fee; within such time as
ma! e fixed ! the Court or extended ! it from time to time; and upon such pa!ment; the memorandum of
appeal in respect of which such fee is pa!ale shall have the same force and effect as if such fee has een
paid in the first instance.
- . (nDuir! as to whether applicant is an indigent personI >$? Where an applicant; referred to in rule $; was
allowed 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 the
applicant has made an affidavit stating that he has not ceased to e an indigent person since the date of the
decree appealed from; ut if the 1overnment pleader or the respondent disputes the truth of the statement
made in such affidavit; an inDuir! into the Duestion aforesaid shall e held ! the Appellate Court; or; under
the 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 ! the
Court from whose decision the appeal is preferred.A
ORDER )#*& APPEA#S TO T-E S'PRE$E CO'RT
$ . E7ecreeE definedI (n this 6rder; unless there is something repugnant in the suGect or context; the
expression EdecreeE shall include a final order.
9 . Application to Court whose complained ofI @4-%A@>$?A Whoever desires to appeal the Supreme Court shall
appl! ! petition to the Court whose decree is complained of.
@4-,A @>9? Ever! petition under su#rule >$? shall e heard as expeditiousl! as possile and endeavour shall
e made to conclude the disposal of the petition within sixt! da!s from the date on which the petition is
presented to the Court under su#rule >$?.A
S0A0E A)E*7)E*0S
/ttar &radesh.I (n its application to the State of /ttar &radesh; in rule 9 after su#rule >9? the following su#
rule e inserted; namel!"I
E>-? *otwithstanding an!thing contained in su#rule >$?; whoever desires to appeal to the Supreme Court;
ma! appl! orall! to the Court whose decree is to e complained of; immediatel! efore or after the
pronouncement of the Gudgment ! the Court; for a certificate contemplated in su#rule >$? of rule -; and the
Court ma! either grant or refuse the certificate; or direct the applicant to file petition as reDuired ! su#rule
>$?"
&rovided that if an oral application is entertained and reGected; no written petition under su#rule >$? shall lie.E
@/.&. Act .3 of $,32A.
- . Certificate as to value or fitnessI@44<A@>$? Ever! petition shall state the grounds of appeal and pra! for a
certificateI
>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.A
>9? /pon receipt of such petition; the Court shall direct notice to e served on the opposite part! to show
cause wh! the said certificate should not e granted.
4 . @Consolidation of suits.A 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.A 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 >$? Where the certificate is granted; the applicant
shall; within ninet! da!s or such further period; not exceeding sixt! da!s; as the Court ma! upon cause
shown allow; from the date of the decree complained of; or within six weeFs from the date of the grant of the
certificate whichever is the later date;I
>a? furnish securit! in cash or in 1overnment securities for the costs of the respondent; and
>? deposit the amount reDuired to defra! the expense of translating; transcriing indexing printing; and
transmitting to the Supreme Court a correct cop! of the whole record of the suit; exceptI
>$? 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 considers
unnecessar!; 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! who
appears; 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 such
securit!.
% . Admission of appeal and procedure thereonI Where such securit! has een furnished and deposit made
to 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 as
aforesaid; and
>d? give to either part! one or more authenticated copies of an! of the papers in the suit on his appl!ing
therefore 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! notice
to e served on or given to an opposite part! or respondent shall e deemed to reDuire an! notice to e
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 the hearing in the Court whose
decree 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 in
some 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 ut
efore 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 the
cop! of the record; except as aforesaid;
the Court ma! order the appellant to furnish; within a time to e fixed ! the Court; other and sufficient
securit!; or to maFe; within except as aforesaid.
$$ . Effect of failure to compl! with orderI Where the appellant fails to compl! with such order; the
proceedings 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 to
the Supreme Court; the appellant ma! otain a refund of the alance >if an!? of the amount which he had
deposited 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 court;I
>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 Court
thinFs 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 Court
thinFs fit for the due performance of the decree appealed from; or of an! decree or order which the Supreme
Court ma! maFe on the appeal; or
>d? place an! part! seeFing the assistance of the Court under such conditions or give such other direction
respecting 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 Court;I
>a? if the original securit! was furnished ! the appellant; the Court ma!; on the application of the respondent;
execute 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! were
when 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 decree
passed or order made in appeal and sought to e executed; to the Court from which the appeal to the
Supreme Courts; was preferred.
>9? Such Court shall transmit the decree or order of the Supreme Court to the Court which passed the first
decree appealed from; or to such other Court as the Supreme Court ! such decree or order ma! direct and
shall >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 the
manner 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 the
ground 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 the
hearing in the Court whose decree was complained of or at an! proceedings suseDuent to the decree of
that Court; ut such order shall have the same force and effect as if it had een made efore the death tooF
place.
$2 . Appeal from order relating to executionI 0he orders made ! the Court which executes the decree or
order of the Supreme Court; relating to such execution; shall e appealale in the same manner and suGect
to the same rules as the orders of such Court relating to the execution of its own decrees.
$3. @Appeals to :ederal CourtA. Rep. ! the :ederal Court; $,4$ >9$ of $,4$?; s. 9
ORDER )#*I&RE+ERENCE
$ . Reference of Duestion to High CourtI Where; efore or on the hearing of a suit or an appeal in which the
decree is not suGect to appeal; or where; in the execution of an! such decree; an! Duestion of law or usage
having the force of law arises; on which the Court tr!ing the suit or appeal; or executing the decree;
entertains reasonale dout; the Court ma!; either of its own motion or on the application of an! of the
parties; draw up a statement of the facts of the case and the point on which dout is entertained; and refer
such 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! the
proceedings or proceed in the case notwithstanding such reference; and ma! pass a decree or maFe an
order 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 a
cop! 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; after
hearing the parties if the! appear and desire to e heard; shall decide the point so referred; and shall
transmit a cop! of its Gudgment; under the signature of the Registrar; to the Court ! which the reference was
made; and such Court shall; on the receipt thereof; proceed to dispose of the case in conformit! with the
decision of the High Court.
4 . Costs of reference to High CourtI 0he costs >is an!? conseDuent on a reference for the decision of the
High 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! to
an! 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! alter;
cancel or set aside an! decree or order which the Court maFing the reference has passed or made in the
case 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 >$? Where at an! time efore
Gudgment a Court in which a suit has een instituted douts whether the suit is cogniCale ! a Court of
Small Causes or is not so cogniCale; it ma! sumit the record to the High Court with a statement of its
reasons for the dout as to the nature of the suit.
>9? 6n receiving the record and statement; the High Court ma! order the Court either to proceed with the suit
or to return the plaint for presentation to such other Court as it ma! in its order declare to e competent to
taFe cogniCance of the suit.
3 . &ower to 7istrict Court to sumit for revision proceeding had under mistaFe as to Gurisdiction in small
causesI >$? Where it appears to a 7istrict Court that a Court suordinate thereto has; ! reason of
erroneousl! holding a suit to e cogniCale ! a Court of small Causes or not to e so cogniCale; failed to
exercise 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 considering
the 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 this
rule; 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 >$? An! person considering himself aggrievedI
>a? ! a decree or order from which an appeal is allowed; ut from which no appeal has een preferred;
>? ! a decree or order from which no appeal is allowed; or
>c? ! a decision on a reference from a Court of Small Causes;
and who; from the discover! of new and important matter or evidence which; after the exercise of due
diligence was not within his Fnowledge or could not e produced ! him at the time when the decree was
passed or order made; or on account of some mistaFe or error apparent on the face of the record of for an!
other sufficient reason; desires to otain a review of the decree passed or order made against him; ma!
appl! for a review of Gudgment to the Court which passed the decree or made the order.
>9? A part! who is not appealing from a decree or order ma! appl! for a review of Gudgment notwithstanding
the pendenc! of an appeal ! some other part! except where the ground of such appeal is common to the
applicant and the appellant; or when; eing respondent; he can present to the Appellate Court the case on
which he applies for the review.
@44$A @ExplanationI0he fact that the decision on a Duestion of law on which the Gudgment of the Court is
ased has een reversed or modified ! the suseDuent decision of a superior Court in an! other case; shall
not e a ground for the review of such Gudgment.A
9 . @0o whom applications for review ma! e made.A Rep. ! the Code of Civil &rocedure >Amendment? Act;
$,.2 >22 of $,.2?; s. $4.
- . :orm of applications for reviewI 0he provisions as to the form of preferring appeals shall appl! mutatis
mutandis; to applications for review.
4 . Application where reGectedI >$? Where it appear to the Court that there is not sufficient ground for a
review; it shall reGect the application.
>9? Application where grantedIWhere the Court is of opinion that the application for review should e
granted; 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 the
applicant alleges was not within his Fnowledge; or could not e adduced ! him when the decree or order
was 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! one
of the Gudges; who passed the decree or made the order a review of which is applied for; continues or
continued attached to the Court at the time when the application for a review is presented; and is not or not
precluded ! asence or other cause for a period of six months next after the application from considering
the decree or order to which the application refers; such Judge or Judges or an! of them shall hear the
application; and no other Judge or Judges of the Court shall hear the same.
2 . Application where reGectedI >$? Where the application for a review is heard ! more than one Gudge and
the Court is eDuall! divided; the application shall e reGected.
>9? Where there is a maGorit!; the decision shall e according to the opinion of the maGorit!.
3 . 6rder of reGection not appealale. 6Gections to order granting applicationI @449A@>$? An order of the
Court reGecting the application shall not e appealale; ut an order granting an application ma! e oGected
to at once ! an appeal from the order granting the application or in an appeal from the decree or order
finall! passed or made in the suit.A
>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 the
satisfaction of the Court that he was prevented ! an! sufficient cause from appearing when such application
was called on for hearing; the Court shall order it to e restored to the file upon such terms as to costs or
otherwise 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 the
opposite part!.
% . Registr! of application granted; and order for re#hearingI When an application for review is granted; a
note thereof shall e made in the register and the Court ma! at once re#hear the case or maFe such order in
regard 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 a
decree 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 e
served 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 efore
the process is issued.
9 . 6rders and notices how servedI All orders; notices and other documents reDuired ! this Code to e
given 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 the
circumstances 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; and
ever! other Gudicial process; issued in the exercise of the original civil Gurisdiction of the High Court; and of its
matrimonial; testamentar! and intestate Gurisdictions; except summonses to defendants; writs of execution
and 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 or
otherwise affect an! rules in force at the commencement of this Code for the the taFing of evidence or the
recording 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 its
ordinar! or extraordinar! original civil Gurisdiction; namel!"I
>$? rule $< and rule $$; clauses >? and >c?; of 6rder 8((;
>9? rule - of order 5;
>-? rule 9 of 6rder 58(;
>4? rules .; 2; %; ,; $<; $$; $-; $4; $. and $2 >so far as relates to the manner of taFing evidence? of 6rder
58(((;
>.? rules $ to % of 6rder 55; and
>2? rule 3 of 6rder 555((( >so far as relates to the maFing of a memorandum?;
and rule -. of 6rder 5'( shall not appl! to an! such High Court in the exercise of its appellate Gurisdiction.
6rder '
&R68(*C(A' S)A'' CA/SE C6/R0S
$ . &rovincial Small Cause CourtsI 0he provisions hereinafter specified shall not extend to Courts
constituted under the &rovincial Small Cause Courts Act; $%%3 >, of $%%3? or under the =erar Small Cause
Courts 'aw; $,<. or to 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!I
>a? so much of this Schedule as relates toI
>i? suits excepted from the cogniCance of a Court of Small Causes or the execution of decrees in such suits;
>ii? the execution of decrees against immovale propert! or the interest of a partner in partnership propert!;
>iii? the settlement of issues; and
>? the following rules and orders"I
6rder ((; rule $ >frame of suit?;
6rder 5; rule - >record of examination of parties?;
6rder 58; except so much of rule 4 as provides for the pronouncement at once of Gudgment;
6rder 58(((; rules . to $9 >evidence?;
6rders 5'( to 5'8 >appeals?;
6rder 5'8((; rules 9; -; .; 2; 3 >review?;
6rder '(.
S0A0E A)E*7)E*0S
/ttar &radesh.I (n its application to the State of /ttar &radesh in rule $; in clause >? after the words
Eprovides for pronouncement at once of GudgmentE add Eand rule .E.
@/.&. Act -< of $,34A.
ORDER #I& PRESIDENC% S$A## CA'SE CO'RTS
$ . &residenc! Small Cause CourtsI Save as provided in rules 99 and 9- of 6rder 8; rules 4 and 3 of 6rder
55(; and rule 4 of 6rder 558(; and ! the &residenc! Small Cause Courts Act; $%%9 >$. of $%%9?; this
Schedule shall not extend to an! suit or proceeding in an! Court of Small Causes estalished in the towns of
Calcutta; )adras and =oma!.
A&&E*7(5 A
&'EA7(*1S
>$? 0(0'ES 6: S/(0S
(n the Court of
A.=. >add description and residence? &laintiff
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.A
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 ! the
Compan! 'imited
0he 6fficial Receiver
A.=.; a minor >add description and residence?; ! C.7. @or ! the Court of WardsA; his next friend.
A.=. >add description and residence?; a person of unsound mind @or of weaF mindA; ! 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 $, . . . . . . .; . . . . . . . . . . . . . . . . he lent the defendant rupees repa!ale
on the . . . . . . . . . . . . . . . .da! of . . . . . . . . . . . . . . . .
9. 0he defendant has not paid the same; except . . . . . . . . . . . . . . . .rupees paid on the . . . . . . . da! of . . . . .
. . . . . . . . . . .$, . . . . . . . .
@(f the plaintiff claims exemption from an! law of limitation; sa! "A
-. 0he plaintiff was a minor @or insaneA from the . . . . . . . . . . . . . . . . da! of till . . . . . . . . .
the . . . . . . . . . . . . . . . .da! of . . . . . . . . . . . . . . . .
4. @:acts showing when the cause of action arose and that the Court has Gurisdiction.A
.. 0he value of the suGect#matter of the suit for the purpose of Gurisdiction is . . . . . . . . . . . . . . . .rupees and
for the prupose of court#fees is . . . . . . . . . . . . . . . .rupees.
2. 0he plaintiff claims . . . . . . . . . . . . . . . .rupees; with interest at . . . . . . . . . . . . . . . .per cent. from
the . . . . . . . . . . . . . . . .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 the
defendant. . . rupees.
-. Each of the said ars contained onl! $;9<< tolas of fine silver; of which fact the plaintiff was ignorant when
he 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.A
*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.A
9. 0he defendant promised to pa! . . . . . . rupees for the said goods on deliver! @or or the . . . . . . da!
of . . . . . . ; some da! efore the plaint was filedA.
-. 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. $.A
3. 0he plaintiff as executor of E.:. claims @Relief ClaimedA.
*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#
furnitureA; 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.A
*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 @six
tales and fift! chairsA 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.:.; and
has ever since een read! and willing so to do.
-. E.:. has not accepted the goods or paid for them.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. 2
7eficienc! /pon a Re#sale @1oods Sold at AuctionA
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 6n the . . . . . . da! of . . . . . . $,. . . .; the plaintiff put up at auction sundr! @goodsA; suGect to the condition
that all goods not paid for and removed ! the purchaser within @ten da!sA 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!A 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 @ten
da!sA after.
4. 0he defendant did not taFe awa! the goods purchased ! him; nor pa! for them within @ten da!sA after the
sale; nor afterwards.
.. 6n the . . . . . . da! of . . . . . . $,. . . .; the plaintiff re#sold the @crate of crocFer!A; on account of the
defendant; ! 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.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. 3
Services at a Reasonale Rate
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. =etween the . . . . . . da! of . . . . . . $,. . . ; and the . . . . . . da! of $,. . . at . . . . . . ; plaintiff @executed
sundr! drawings; designs and diagramsA for the defendant; at his reDuest; ut no express agreement was
made as to the sum to e paid for such services.
9. 0he services were reasonal! worth . . . . . . rupees.
-. 0he defendant has not paid the mone!.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. %
Services and )aterials at a Reasonale Cost
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 6n the . . . . . . da! of . . . . . . $, . . . ; at . . . .; the plaintiff uilt a house @Fnown as *o. . . . .; in. . . .A; and
furnished the materials therefor; for the defendant; at his reDuest; ut no express agreement was made as to
the amount to e paid for such worF and materials.
9. 0he worF done and materials supplied were reasonal! worth . . . . . . rupees.
-. 0he defendant has not paid the mone!.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A.
*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. . . ..; streetA; ! 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 of
the said premises.
9. 0hat the use of the said premises for the said period was reasonal! worth . . . rupees.
-. 0he defendant has not paid the mone!.
@As in paras 4 and . of :orm *o. $.A
4. 0he plaintiff as executor of 5. +.; claims >Relief claimedA.
*o. $<
6n an Award
>0itle?
A. =.; the aove#named; plaintiff; states as follows"I
$. 6n the . . . . . . da! of . . . . . . $, . . . ; the plaintiff and defendant; having a difference etween them
concerning @a demand of the plaintiff for the price of ten arrels of oil which the defendant refused to pa!A.
agreed in writing to sumit the difference to the aritration of E.:. and 1.H. and the original document is
annexed hereto.
9. 6n the . . . . . . da! of . . . . . . $,. . . ; the aritrators awarded that the defendant should @pa! the plaintiff . . .
rupeesA.
-. 0he defendant has not paid the mone!.
@As in paras. 4 and . of :orm *o. $; and Relief claimed.A
*o. $$
6n a :oreign Judgment
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 6n the . . . . . . da! of . . . . . . $,. . . ; at . . . ; in the State @or BingdomA of the . . . . . . Court of that State @or
Bingdom;A 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!.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. $9
Against Suret! for &a!ment of Rent
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 6n the . . . . . . da! . . . . . . $,. . . ; E.:. hired from the plaintiff for the term of . . . . . . !ears; the @house *o. .
. . . . . ; . . . . . . streetA; at the annual rent of . . . . . . rupees; pa!ale @monthl!A.
9. 0he defendant agreed; in consideration of the letting of the premises to E.:. to guarantee the punctual
pa!ment of the rent.
-. 0he rent for the month of . . . . . . $,. . . ; amounting to . . . . . . rupees; has not een paid.
@(f; ! the terms of the agreement; notice is reDuired to e given to the suret!; add"#A
4. 6n the . . . . . . da! of . . . . . . $,. . . ; the plaintiff gave notice to the defendant of the non#pa!ment of the
rent; and demanded pa!ment thereof.
.. 0he defendant has not paid the same.
@As in paras 4 and . of :orm *o. $; and relief claimed.A
*o. $-
=reach of Agreement to &urchase 'and
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 6n the . . . . . . da! of . . . . . . $,. . . ; the plaintiff and defendant entered into an agreement; and the
original document is hereto annexed.
@6r; on the . . . . . . da! of . . . . . . $,. . . ; the plaintiff and defendant mutuall! agreed that the plaintiff should
sell to the defendant and that the defendant should purchase from the plaintiff fort! ighas of land in the
village of. . . .for. . . rupees.A
9. 6n the . . . . . . . . . . . . . . . .. . . da! of . . . . . . . . . . $,. . . ; the plaintiff; eing then the asolute owner of the
propert! @land the same eing free from all incumrances; as was made to appear to the defendantA;
tendered to the defendant a sufficient instrument of transfer of the same @or; was read! and willing; and is still
read! and willing; and offered; to transfer the same to the defendant ! a sufficient instrumentA on the
pa!ment ! the defendant of the sun agreed upon.
-. 0he defendant has not paid the mone!.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A.
*o. $4
*ot 7elivering 1oods Sold
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 6n the . . . . . . da! of . . . . . . $,. . . ; the plaintiff and defendant mutuall! agreed that the defendant should
deliver @one hundred arrels of flourA to the plaintiff on the. . . ..da! of. . . $,. . . ; and that the plaintiff should
pa! therefor . . . . . . rupees on deliver!.
9. 6n the @saidA da! the plaintiff was read! and willing; and offered; to pa! the defendant the said sum upon
deliver! of the goods.
-. 0he defendant has not delivered the goods; and the plaintiff has een deprived of the profits which would
have accrued to him from such deliver!.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. $.
Wrongful 7ismissal
>0itle?
A. =.; the aove#named plaintiff; states as follows"#
$. 6n the . . . . . . da! of . . . . . . $,. . . ; the plaintiff and defendant mutuall! agreed that the plaintiff should
serve the defendant as @an accountant; or in the capacit! of foreman; or as the case ma! eA; and that the
defendant should emplo! the plaintiff as such for the term of @one !earA and pa! him for his services . . . . . .
rupees @monthl!A.
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 !ear
whereof the defendant alwa!s has had notice.
-. 6n the . . . . . . da! of . . . . . . $,. . . ; the defendant wrongfull! discharged the plaintiff; and refused to
permit him to serve as aforesaid; or to pa! him for his services.
@As in paras. 4 and . of :orm *o. $; and Relief claimed.A
*o. $2
=reach of Contract to Serve
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 6n the . . . . . . da! of . . . . . . $,. . . ; the plaintiff and defendant mutuall! agreed that the plaintiff should
emplo! the defendant at an @annualA salar! of . . . rupees; and that the defendant should serve the plaintiff as
@an artistA for the term of @one !earA.
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; on
the. . . .da! of. . . $,. . . ; he refused to serve the plaintiff as aforesaid.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A.
*o. $3
Against a =uilder for 7efective WorFmanship
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 6n the . . . . . . da! of . . . . . . $,. . . ; the plaintiff and defendant entered into an agreement; and the
original document is hereto annexed. @or State the tenor of the contract.A
9. 0he plaintiff dul! performed all the conditions of the agreement on his part.A
-. 0he defendant @uilt the house referred to in the agreement in a ad and unworFmanliFe mannerA.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. $%
6n a =ond for the :idelit! of a ClerF
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 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 if
E.:.; should not faithfull! perform his duties as a clerF to the plaintiff; or should fail to account to the plaintiff
for all monies; evidences of det or other propert! received ! him for the use of the plaintiff; the defendant
would 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 plaintiff
the penal sum of . . . . . . rupees; suGect to the condition that if E.:. should faithfull! perform his duties as
clerF and cashier to the plaintiff and should Gustl! account to the plaintiff for all monies; evidences of det or
other propert! which should e at an! time held ! him in trust for the plaintiff; the ond should e void.A
@6r; 9 (n consideration thereof; on the same date the defendant executed a ond in favour of the plaintiff; and
the original document is hereto annexed.A
-. =etween the . . . . . . da! of . . . . . . $,. . . ; and the . . . . . . da! of $,. . . ; E.:. received mone! and other
propert!; amounting to the value of . . . . . . rupees; for the use of the plaintiff; for which sum he has not
accounted to him; and the same still remains due and unpaid.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. $,
=! 0enant against 'andlord; with Special 7amage
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 6n the . . . . . . da! of . . . . . . $,. . . ; the defendant; ! a registered instrument; let to the plaintiff @the
house *o. . . . . . . StreetA 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 said
house; 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; was
compelled to expend . . . . . . rupees in moving; and lost the custom of 1.H. and (.J. ! such removalA.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. 9<
6n an Agreement of (ndemnit!
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 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 all
the partnership propert!; pa! all dets of the firm and indemnif! the plaintiff against all claims that might e
made 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 $,. . .
;A the plaintiff paid . . . . . . rupees @in satisfaction of the sameA.
4. 0he defendant has not paid the same to the plaintiff.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. 9$
&rocuring &ropert! ! :raud
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 6n the . . . . . . da! . . . . . . $,. . . ; the defendant; for the purpose of inducing the plaintiff to sell him certain
goods; represented to the plaintiff that @he; the defendant; was solvent; and worth . . . . . . . . . . rupees over all
his liailitiesA.
9. 0he plaintiff was there! induced to sell @and deliverA to the defendant; @dr! goodsA of the value
of . . . . . . . . . . rupees.
-. 0he said representations were false @or state the particular falsehoodsA 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.A 0he plaintiff; in preparing
and shipping the goods and procuring their restoration; expended. . . . . rupees.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. 99
:raudulentl! &rocuring Credit to e given to another &erson
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 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 and
was in good circumstances; and might safel! e trusted with goods on creditA.
9. 0he plaintiff was there! induced to sell to E.:. >rice? of the value of . . . . . . rupees @on months creditA.
-. 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 plaintiffA.
4. E.:. @did not pa! for the said goods at the expiration of the credit aforesaid; @orA has not paid for the said
rice; and the plaintiff has wholl! lost the same.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. 9-
&olluting the Water under the &laintiffKs 'and
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 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 into
the 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 water
therein 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.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. 94
Carr!ing on a *oxious )anufacture
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 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 certain
smelting worFs carried on ! the defendant large Duantities of offensive and unwholesome smoFe and other
vapours and noxious matter; which spread themselves over and upon the said lands; and corrupted the air;
and settled on the surface of the lands.
-. 0here! the trees; hedges; herage and crops of the plaintiff growing on the lands were damaged and
deteriorated 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 graCe the lands with cattle and sheep as he otherwise might have done; and
was oliged to remove his cattle; sheep and farming#stocF therefrom; and has een prevented from having
so eneficial and health! a use and occupation of the lands as he otherwise would have had.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. 9.
6structing a Right of Wa!
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 0he plaintiff is; and at the time hereinafter mentioned was; possessed of @a house in the village of . . . . . . A.
9. He was entitled to a right of wa! from the @houseA over a certain field to a pulic highwa! and acF again
from the highwa! over the field to the house; for himself and his servants @with vehicles; or or footA at all times
of the !ear.
-. 6n the . . . . . . da! of . . . . . . $,. . . ; defendant wrongfull! ostructed the said wa!; so that the plaintiff
could not pass @with vehicles; or or food; or in an! mannerA along the wa! @and has ever since wrongfull!
ostructed the sameA.
4. >State special damage; if an!.?
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*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; @or
into the said trenchA and roFe his arm; and suffered great pain; and was prevented from attending to his
usiness for a long time; and incurred expense for medical attendance.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. 93
7iverting a Water#course
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 0he plaintiff is; and at the time hereinafter mentioned was; possessed of a mill situated on a @streamA
Fnown 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! divered
the 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 said
diversion of water; he was ale to grind . . . . . . sacFs per da!.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. 9%
6structing a Right to /se Water for (rrigation
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. &laintiff is; and was at the time hereinafter mentioned; possessed of certain lands situate; etc.; and entitled
to 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 said
portion of the said water as aforesaid; ! wrongfull! ostructing and diverting the said stream.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*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 stations
of. . . ..and. . . .A; a collision occurred on the said railwa! caused ! the negligence and unsFilfulness of the
defendantsK servants; where! the plaintiff was much inGured @having his leg roFen; his head cut; etc.; and
state the special damage; if an!; asA; and incurred expense for medical attendance and is permanentl!
disaled from carr!ing on his former usiness as @a salesmanA.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
@6r thus"# 9. 6n that da! the defendants ! their servants so negligentl! and unsFillfull! drove and managed
an engine and a train of carriages attached thereto upon and along the defendantKs railwa! which the plaintiff
was then lawfull! crossing; that the said engine and train were driven and strucF against the plaintiff;
where!; etc.; as in para -.A
*o. -<
(nGuries Caused ! *egligent 7riving
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 0he plaintiff is a shoemaFer; carr!ing on usiness at . . . . . . . 0he defendant is a merchant
of. . . . . . . . . . . . . .. . .
9. 6n the . . . . . . da! of . . . . . . $,. . . ; the plaintiff was walFing southward along Chowringhee; in the Cit! of
Calcutta; at aout - oKclocF in the afternoon. He was oliged to cross )iddleton Street; which is a street
running into Chowringhee at right angles. While he was crossing this street; and Gust efore he could reach
the foot pavement on the further side thereof; a carriage of the defendantKs; drawn ! two horses under the
charge and control of the defendantKs servants; was negligentl!; suddenl! and without an! warning turned at
a rapid and dangerous pace out of )iddleton Street into Chowringhee. 0he pole of the carriage strucF the
plaintiff 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 the
side and acF; as well as internall!; and in conseDuence thereof the plaintiff was for four months ill and in
suffering and unale to attend to his usiness; and incurred heav! medical and other expenses; and
sustained great loss of usiness and profits.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. -$
:or )alicious &rosecution
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 6n the . . . . . . . .da! of . . . . . . . .$,. . . ; the defendant otained a warrant of arrest from . . . . . . . . . . @a
magistrate of the said cit!; or as the case ma! eA on a charge of . . . . . . ; and the plaintiff was arrested
thereon; and imprisoned for . . . . . . @da!s; or hours; and gave ail in the sum of . . . . . . rupees to otain his
releaseA.
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 and
acDuitted 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 lost
his situation as clerF to one E.:.; or in conseDuence the plaintiff suffered plain of od! and mind; and was
prevented from transacting his usiness; and was inGured in his credit; and incurred expense in otaining his
release from the said imprisonment and in defending himself against the said complaint.
@As in paras 4 and . of :orm *o. $; and Relief claimed.A
*o. -9
)ovales Wrongfull! 7etained
>0itle?
A. =.; the aove#named plaintiff; states as follows"I
$. 6n the . . . . . . da! of . . . . . . $, . . . ; plaintiff owned @or state facts showing a right to the possessionA the
goods mentioned in the schedule hereto annexed @or descrie the goods.A 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 demanded
the same from the defendant; ut he refused to deliver them.
@As in paras 4 and . of :orm *o. $A
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?
A. =.; the aove#named plaintiff; states as follows"I
$. 6n the . . . . . . da! of . . . . . . $,. . . ; the defendant C.7.; for the purpose of including the plaintiff to sell
him certain goods; represented to the plaintiff that @he was solvent; and worth . . . . . . rupees over all his
liailitiesA.
9. 0he plaintiff was there! induced to sell and deliver to C.7. @one hundred oxes of teaA; the estimated
value 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 soA.
4. C. 7. afterwards transferred the said goods to the defendant E.:. without consideration @or who had notice
of the falsit! of the representationA.
@As in paras 4 and . of :orm *o.$A
3. 0he plaintiff claimsI
>$? 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 of
ground elonging to the defendant; situated at . . . . . .; contained @ten ighasA.
9. 0he plaintiff was there! induced to purchase the same at the price of . . . . . . rupees in the elief that the
said representation was true; and signed an agreement; of which the original is hereto annexed. =ut the land
has 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 ighasA.
@As in paras 4 and . of :orm *o. $A
3. 0he plaintiff claimsI
>$? . . . . . . rupees; with interest from the . . . . . . . . da! of . . . . . . $,. . . ;
>9? that the said agreement e delivered up and cancelled.
*o. -.
An (nGunction Restraining Waste
>0itle?
A.=.; the aove#named plaintiff; states as follows"I
$. 0he plaintiff is the asolute owner of @descrie the propert!A.
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 the
purpose of saleA without the consent of the plaintiff.
@As in paras 4 and . of :orm *o. $A
2. 0he plaintiff claims that the defendant e restrained ! inGunction from committing or permitting an! further
waste on the said premises.
@&ecuniar! compensation ma! also e claimed.A
*o. -2
(nGunction Restraining *uisance
>0itle?
A.=.; the aove#named plaintiff; states as follows"I
$. &laintiff is; and at all the times hereinafter mentioned was; the asolute owner of @the house
*o. . . . . . . . . ; Street; CalcuttaA.
9. 0he defendant is; and at all the said times was; the asolute owner of . . . . . . . . @a plot of ground in the
same street . . . . . . A.
-. 6n the . . . . . . da! of . . . . . . $,. . . ; the defendant erected upon his said plot a slaughter#house; and still
maintains the same; and from that da! until the present time has continuall! caused cattle to e rought and
Filled there @and has caused the lood and offal to e thrown into the street opposite the said house of the
plaintiffA.
@4. (n conseDuence the plaintiff has een compelled to aandon the said house; and has een unale to rent
the same.A
@As in paras 4 and . of :orm *o. $A
3. 0he plaintiff claims that the defendant e restrained ! inGunction from committing or permitting an! further
nuisance.
*o. -3
&ulic *uisance
>0itle?
A.=.; the aove#named plaintiff; states as follows"I
$. 0he defendant has wrongl! heaped up earth and stones on a pulic road Fnown as . . . . . . Street
at . . . . . . . . . . .so as to ostruct the passage of the pulic along the same and threatens and intends; unless
restrained from so doing; to continue and repeat the said wrongful act.
@44-A @H9. 0he plaintiff has otained the leave of the Court for the institution of this suit.
@As in paras 4 and . of :orm *o. $A
.. 0he plaintiff claimsI
>$? a declaration that the defendant is not entitled to ostruct the passage of the pulic along the said pulic
road;
>9? an inGunction restraining the defendant from ostructing the passage of the pulic along the said pulic
road and directing the defendant to remove the earth and stones wrongfull! heaped up as aforesaid.
*ot applicale where suit is instituted ! the Advocate#1eneral.A
*o. -%
(nGunction against the 7iversion of a Water#course
>0itle?
A.=.; the aove#named plaintiff; states as follows"I
@As in :orm *o. 93.A
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?
A.=.; the aove#named plaintiff; states as follows"I
$. &laintiff is; and at all times hereinafter mentioned was; the owner of @a portrait of his grandfaterher which
was executed ! an eminent painterA; and of which no duplicate exists @or state an! facts showing that the
propert! is of a Find that cannot e replaced ! mone!A.
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! all
reasonale 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 inGure
the same if reDuired to deliver it up.
.. *o pecuniar! compensation would e an adeDuate compensation to the plaintiff for the loss of the
@paintingA;
@As in paras 4 and . of :orm *o. $A
%. 0he plaintiff claimsI
>$? that the defendant e restrained ! inGunction from disposing of; inGuring or concealing the said @paintingA;
>9? 0hat he e compelled to deliver the same to the plaintiff.
*o. 4<
(nterpleader
>0itle?
A.=.; the aove#named plaintiff; states as follows"I
$. =efore the date of the claims hereinafter mentioned 1.H. deposited with the plaintiff @descrie the propert!A
for @safe#FeepingA.
9. 0he defendant C.7. claims the same @under an alleged assignment thereof to him from 1.H.A.
-. 0he defendant E.:. also claims the same @under an order of 1.H. transferring the same to him.A
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 to
deliver it to such persons as the Court shall direct.
2. 0he suit is not rought ! collusion with either of the defendants.
@As in paras 4 and . of :orm *o. $A
,. 0he plaintiff claimsI
>$? that the defendants e restrained; ! inGunction; from taFing an! proceedings against the plaintiff in
relation 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;A
>4? that upon delivering the same to such @personA the plaintiff e discharged from all liailit! to either of the
defendants in relation thereto.
*o. 4$
Administration ! Creditor on =ehalf of Himself and all 6ther Creditors
>0itle?
A.=.; the aove#named plaintiff; states as follows"I
$. E.:.; late of . . . . . . ; was at the time of his death; and his estate still is; indeted to the plaintiff in the sum
of. . . . @here insert nature of det and securit!; if an!A.
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.A
-. 0he will was proved ! C.7. @orA letters of administration were granted; etc.A.
4. 0he defendant has possessed himself of the movale @and immovale; or the proceeds of the immovale
propert! of E.:.; and has not paid the plaintiff his det.
@As in paras 4 and . of :orm *o. $A
3. 0he plaintiff claims that an account ma! e taFen of the movale @and immovaleA 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$ thusA
@6mit paragraph $ and commence paragraph 9A 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 the
plaintiff @here state the specific legac!A. :or paragraph 4 sustituteI
0he defendant is in possession of the movale propert! of E.:.; and; amongst other things; of the said @here
name the suGect of the specific eDuestA.
: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 the
specific eDuestA. or that; etc.
*o. 4-
Administration ! &ecuniar! 'egatee
>0itle?
@Alter :orm *o. 4$ thusA
@6mit paragraph $ and sustitute for paragraph 9A 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
the plaintiff a legac! of . . . . . . rupees.
(n paragraph 4 sustitute Elegac!E for EdetE
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 lifetimeA his executors; and eDueathed his
propert!; whether movale or immovale; to his executors in trust; to pa! the rents and income thereof to the
plaintiff for his life; and after his decease; and in default of his having a son who should attain twent!#one; or
a daughter who should attain that age or marr!; upon trust as to his immovale propert! for the person who
would e the testatorKs heir#at#law; and as to his movale propert! for the persons who would e the
testatorKs next#of#Fin if he had died intestate at the time of the death of the plaintiff and such failure of his
issue 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 the
receipt of the rents of the immovale propert! and got in the movale propert!; he has sold some part of the
immovale propert!.
@As in paras 4 and . of :orm *o. $.A
2. 0he plaintiff claimsI
>$? 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?
A.=.; the aove#named plaintiff; states as follows"I
$. 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 instrument
of transfer of the estate and effects of E.:. for the enefit C.7.; the defendant; and the other creditors of E.:.A.
9. A.=. has taFen upon himself the urden of the said trust; and is in possession of @or of the proceeds ofA the
movale 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. $.A
2. 0he plaintiff is desirous to account for all the rents and profits of the said immovale propert! @and the
proceeds of the sale of the said; or of part of the said; immovale propert!; or movale; or the proceeds of
the sale of; or of part of; the said movale propert!; or the profits accruing to the plaintiff as such trustee in
the execution of the said trustA; and he pra!s that the Court will taFe the accounts of the said trust; and also
that the whole of the said trust estate ma! e administered in the Court for the enefit of C.7.; the defendant;
and all other persons who ma! e interested in such administration; in the presence of C.7. and such other
persons 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 ! a
legatee.A
*o. 4.
:oreclosure or Sale
>0itle?
A.=.; the aove#named plaintiff; states as follows"I
$. 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! to
account as mortgagee in possession from that time.
@As in paras 4 and . of :orm *o. $.A
2. 0he plaintiff claimsI
>$? pa!ment; or in default @sale orA foreclosure @and possessionA;
@Where 6rder -4; rule 2; applies.A
>9? in case the proceeds of the sale are found to e insufficient to pa! the amount due to the plaintiff then that
liert! e reserved to the plaintiff to appl! for . . . . . . @9A@an order for the alanceA.
*o. 42
Redemption
>0itle?
A.=.; the aove#named plaintiff; states as follows"I
$. 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 rentsA of the mortgaged propert!.
@As in paras 4 and . of :orm *o. $.A
2. 0he plaintiff claims to redeem the said propert! and to have the same reconve!ed to him @and to have
possession thereofA. @444A@together with mesne profitsA.
*o. 43
Specific &erformance >*o. $?
>0itle?
A.=.; the aove#named plaintiff; states as follows"I
$. =! an agreement dated the . . . . . . da! of . . . . . . and signed ! the defendant; he contracted to u! of @or
sell toA 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 the
defendant has not done so.
-. 0he plaintiff has een and still is read! and willing specificall! to perform the agreement on his part of
which the defendant has had notice.
@As in paras 4 and . of :orm *o. $.A
2. 0he plaintiff claims that the Court will order the defendant specificall! to perform the agreement and to do
all acts necessar! to put the plaintiff in full possession of the said propert! @or to accept a transfer and
possession of the said propert!A and to pa! the costs of the suit.
*o. 4%
Specific &erformance >*o. 9?
>0itle?
A.=.; the aove#named plaintiff; states as follows"I
$. 6n the . . . . . . da! of . . . . . . $,. . . ; the plaintiff and defendant entered into an agreement; in writing; and
the 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 a
transfer of the said propert! ! a sufficient instrument.
-. 6n the . . . . . . da! of . . . . . . $,. . . ; the plaintiff again demanded such transfer. @6r the defendant refused
to transfer the same to the plaintiff.A
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.
@As in paras 4 and . of :orm *o. $A
%. 0he plaintiff claimsI
>$? that the defendant transfers the said propert! to the plaintiff ! a sufficient instrument @following the terms
of the agreementA;
>9? . . . . . . rupees compensation for withholding the same.
*o. 4,
&artnership
>0itle?
A.=.; the aove#named plaintiff; states as follows"I
$. He and C.7.; the defendant; have een for . . . . . . !ears @or monthsA past carr!ing on usiness together
under articles of partnership in writing @or under a deed; or under a veral agreementA.
9. Several disputes and differences have arisen etween the plaintiff and defendant as such partners
where! 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?
>-? . . . . . . .A
@As in paras 4 and . of :orm *o. $.A
.. 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 a
paragraph 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.A
@(ndian 'imitation Act; $%33 >$. of $%33?A.
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 plaintiff
in 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 the
receiver.
)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; or
as the case ma! e? has paid into Court Rs. . . . . . . and sa!s that this sum is enough to satisf! the plaintiffKs
claim >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 is
claimed? 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.
@orA
4. $.
.. Except as to Rs. . . . . . . ; same as 9.
2. -.
3. 0he defendant @or A.=.; the defendantKs agentA satisfied the claim ! pa!ment efore suit to the plaintiff @or
to C.7.; the plaintiffKs agentA 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 and
interest 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 inding
agreement.
*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 ! the
defendant to the plaintiff.
&articulars are as follows"# Rs.
$,<3 Januar! 9.th $.<
$,<3 :eruar! $st .<
0otal 9<<
9. As to the whole @or as to Rs. . . .; part of the mone! claimedA 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 it
was 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; have
seen 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 mattersA 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.A
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.A
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 ofA.
@(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.A
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; and
sa!s that the acts complained of have not produced an! damage to the plaintiff @(f other grounds are relied
on; the! must e stated; e.g.; limitation as to past damage.A
*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 @442A@(ndian 'imitation Act; $%33 >$. of
$%33?.A
4. 0he following pa!ments have een made; viC."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 @443A@(ndian 'imitation
Act; $%33 >$. of $%33?.A
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#det
and 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!ond
what 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! the
agreement or the alleged reaches; or show whatever other ground of defence he intends to rel! on; e.g.; the
@44%A@(ndian 'imitation Act;A accord and satisfaction; release; fraud; etc.?
*o. $4
7efence (n Administration Suit =! &ecuniar! 'egatee
$. A. =.Ks will contained a charge of dets; he died insolvent; he was entitled at his death to some immovale
propert! which the defendant sold and which produced the net sum of Rs. . . . . . . . . . ; and the testator had
some movale propert! which the defendant got in; and which produced the net sum of Rs. . . . . . . . . .
9. 0he defendant applied the whole of the said sums and the sum of Rs. . . . . . . . . . which the defendant
received from rents of the immovale propert! in the pa!ment of the funeral and testamentar! expenses and
some of the dets of the testator.
-. 0he defendant made up his accounts and sent a cop! thereof to the plaintiff on the . . . . . . . . da!
of . . . . . . . .$, . . . ; and offered to plaintiff free access to the vouchers to verif! such accounts; ut he
declined 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,A
@(ndian Succession Act; $%2. >$< of $%2.?A @or of the @4.<AHindu Wills Act; $%3< >9$ of $%3<?A.
9. 0he deceased at the time the said will and codicil respectivel! purport to have een executed; was not of
sound mind; memor! and understanding.
-. 0he execution of the said will and codicil was otained ! the undue influence of the plaintiff @and others
acting with him whose names are at present unFnown to the defendantA.
4. 0he execution of the said will and codicil was otained ! the fraud of the plaintiff; such fraud so far as is
within the defendantKs present Fnowledge; eing @state the nature of the fraudA.
.. 0he deceased at the time of the execution of the said will and codicil did not Fnow and approve the
contents thereof @or of the contents of the residuar! clause in the said will; as the case ma! eA.
2. 0he deceased made his true last will; dated the $st Januar!; $%3-; and there! appointed the defendant
sole executor thereof.
0he defendant claimsI
>$? 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 form
of 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 have
een 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.A
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 e
accompanied ! 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 appearance
is appointed for the final disposal of the suit; !ou must e prepared to produce on that da! all the witnesses
upon 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 and
determined 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 a
summons 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 the
necessar! expenses.
9. (f !ou admit the claim; !ou should pa! the mone! into Court together with the costs of the suit; to avoid
execution of the decree; which ma! e against !our person or propert!; or oth.
*o. 9
Summons :or Settlement 6f (ssues >6. .; R. $; ..?
>0itle?
0o
@*ame; description and place of residence.A
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 e
accompanied ! some persons ale to answer all such Duestions; on the . . . . . da! of . . . . . . . . . $,. . . . .; at
. . . . . . . . . oKclocF in the . . . . . . . . . noon; to answer the claim; @4.$A@and further !ou are here! directed to
file on that da! a written statement of !our defence and to produce on the said da! all documents in !our
possession or power upon which !ou ase !our defence or claim for set#off or counter#claim; and where !ou
rel! on an! other document whether in !our possession or power or not; as evidence in support of !our
defence or claim for set#off or counter#claim; !ou shall enter such documents in a list to e annexed to the
written statementA.
0aFe notice that; in default of !our appearance on the da! efore mentioned; the suit will e heard and
determined 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 a
summons 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 avoid
execution of the decree; which ma! e against !our person or propert!; or oth.
*o. -
Summons 0o Appear (n &erson >6. .; R. -.?
>0itle?
0o
@*ame; description and place of residence.A
Whereas
has instituted a suit against !ou for . . . . . . . . . !ou are here! summoned to appear in this Court in person
on 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 and
determined in !our asence.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . . . . $, . . . .
Judge.
@4.9A@*o. 4
Summons in a Summar! Suit
>6rder 5558((; Rule 9?
>0itle?
0o
@*ame; description and place of residence.A
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 expiration
of the said period of ten da!s; to otain a decree for an! sum not exceeding the sum of Rs. . . . . . . . . . and
the 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 to
the 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.
@-A@*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 Gudgment
in this suit against the defendant >or if against one or some or several; insert names? for Rs. . . . . . . . . . and
for interest and costs.
7ated the . . . . . . . . . da! of . . . . . . . . . $,...A
*o. .
*otice to &erson who; the Court Considers; should e added as Co#&laintiff
>6. $; R. $<.?
>0itle?
0o
@*ame; description and place of residence.A
Whereas . . . . . . . . . has instituted the aove suit against . . . . . . . . . for . . . . . . . . . and whereas it appears
necessar! that !ou should e added as a plaintiff in the said suit in order to enale the Court effectuall! and
completel! 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.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,...;
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 an
application 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 e
heard and determined in !our asence.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,...;
Judge.
*o. 3
6rder for 0ransmission of Summons for Service in the Jurisdiction of another Court
>6. .; R. 9$.?
>0itle?
Whereas it is stated that
defendantOwitness in the aove suit is at present residing in . . . . . . . . . " (t is ordered that a summons
returnale on the da! of . . . . . . . . . $,...; e forwarded to the Court of . . . . . . . . . for service on the said
defendantOwitness 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
0he Superintendent of the Jail at
/nder the provisions of 6rder 8; rule 94; of the Code of Civil &rocedure; $,<%; a summons in duplicate is
herewith forwarded for service on the defendant . . . . . . . . . who is . . . . . . . . . a prisoner in Gail. +ou are
reDuested to cause a cop! of the said summons to e served upon the said defendant and to return the
original to this Court signed ! the said defendant; with a statement of service endorsed thereon ! !ou.
Judge.
*o. ,
6rder for 0ransmission of Summons to e Served on a &ulic Servant or Soldier
>6. .; RR. 93; 9%.?
>0itle?
0o
/nder the provisions of 6rder 8; rule 93 >or 9%; as the case ma! e?; of the Code of Civil &rocedure; $,<%; a
summons in duplicate is herewith forward for service on the defendant . . . . . . . . . who is stated to e serving
under !ou. +ou are reDuested to cause a cop! of the said summons to e served upon the said defendant
and to return the original to this Court signed ! the said defendant; with a statement of service endorsed
thereon ! !ou.
Judge.
*o. $<
0o Accompan! Returns of Summons of Another Court
>6. .; R. 9-.?
Read proceeding from the . . . . . . . . . forwarding . . . . . . . . . for service on in suit *o. . . . . . . . . . of $,...; of
that Court.
Read Serving 6fficerKs endorsement stating that the . . . . . . . . . and proof of the aove having een dul!
taFen ! me on the oath of . . . . . . . . . and . . . . . . . . . it is ordered that the . . . . . . . . . e returned to
the . . . . . . . . . with a cop! of this proceeding.
Judge.
*ote.I0his form will e applicale to process other than summons; the service of which ma! have to e
effected in the same manner.
*o. $$
Affidavit 6f &rocess#service 0o Accompan! Return 6f A Summons 6r *otice
>6. .; R. $%.?
>0itle?
0he Affidavit of . . . . . . . . . . . .; son of . . . . . . . . . maFe oathOaffirm
( . . . . . . . . .
and sa! as follows"#
>$? ( am a process#server of this Court.
>9? 6n the . . . . . . . . . da! of . . . . . . . . . $,... ( received a summonsOnotice issued ! the Court . . . . . . . . . in
Suit *o. . . . . . . . . . of $,...; in the said Court; dated the . . . . . . . . . da! of . . . . . . . . . $, . . . ; for service
on . . . . . . . . .
>-? 0he said . . . . . . . . . was at the time personall! Fnown to me; and ( served the said summonsOnotice on
himOher on the . . . . . . . . . da! of...$,; at aout . . . . . . . . . oKclocF in the noon at . . . . . . . . . ! tendering a
cop! thereof to himOher and reDuiring hisOher signature to the original summonsOnotice.
>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 to
the said summonsOnotice on hisOher on the . . . . . . . . . da! of . . . . . . . . . $, . . . ; at aout. . . . . . . . . . . . . . .
oKclocF in the . . . . . . . . . . . . . noon at . . . . . . . . . . . . . . . ! tendering a cop! thereof to himOher and reDuiring
his 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.
>? Signature of process#server.
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 . . . . . . . . . $,...; at
aout . . . . . . . . . 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.
>? Signature of process#server.
or;
>-? 6ne . . . . . . . . . accompanied me to . . . . . . . . . and there pointed out to me which he said was the house
in 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.
>? Signature of process#server.
or
(f sustituted service has een ordered; state full! and exactl! the manner in which the summons was served
with 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
@*ame; description and place of residence.A
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 *aCir it has een
proved to the satisfaction of the Court that the said summons was served on !ou ut not in sufficient time to
enale !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 the
suit 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 are
here! reDuired @personall!A to appear efore this Court on the . . . . . . . . . da! of . . . . . . . . . $, . . . at . . . . . .
. . . oKclocF in the forenoon; and to ring with !ou @or to send to this . . . . . . . . . CourtA.
A sum of Rs. . . . . . . . . . ; eing !our travelling and other expenses and susistence allowance for one da!; is
herewith sent. (f !ou fail to compl! with this order without lawful excuse; !ou will e suGect to the
conseDuences of non#attendance laid down in rule $9 of 6rder 58( of the Code of Civil &rocedure; $,<%.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,...
Judge.
*otice.I>$? (f !ou are summoned onl! to produce a document and not to give evidence; !ou shall e
deemed to have complied with the summons if !ou cause such document to e produced in this Court on the
da! and hour aforesaid.
>9? (f !ou are detained e!ond the da! aforesaid; a sum of Rs. . . . . . . . . . will e tendered to !ou for each
da!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 e
served upon the witness in the manner prescried ! law" and whereas it appears that the evidence of the
witness is material; and he asconds and Feeps out of the wa! for the purpose of evading the service of the
summons" 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 with
according 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 has
failed to attend in compliance with such summons" 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 with
according 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 in
Court; +ou are here! directed to hold under attachment . . . . . . . . . propert! elonging to the said witness to
the 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
0he =ailiff of the Court.
Whereas . . . . . . . . . has een dul! served with a summons ut has failed to attend >asconds and Feeps out
of the wa! for the purpose of avoiding service of a summons?; +ou are here! ordered to arrest and ring the
said . . . . . . . . . efore the Court.
+ou are further ordered to return this warrant on or efore the . . . . . . . . . da! of $,... with an endorsement
certif!ing the da! on and the manner in which it has een executed; or the reason wh! it has not een
executed.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,...
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?; on
the . . . . . . . . . da! of . . . . . . . . . $,...; and whereas the Court has called upon the said . . . . . . . . . to furnish
such 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!s
as ma! e hereafter ordered.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,...
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 to
produce a document?; has een arrested and rought efore the Court in custod!; and whereas owing to the
asence of the plaintiff >or defendant?; the said . . . . . . . . . cannot give such evidence >or produce such
document?; and whereas the Court has called upon the said . . . . . . . . . to give securit! for his appearance
on the . . . . .. . . . . . . . . da! of . . . . . . . $,. . . ; at . . . . . . . . . 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 . . . . . . . . . da! of . . . . . . . . . $,....
1iven under m! hand and the seal of the Court; this . . . . . . . . . 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 in
writing; and that the said . . . . . . . . . do answer the interrogatories as prescried ! 6rder 5(; rule %; and that
the costs of this application e.
*o. 9
(nterrogatories
>6. $$; R. 4.?
>0itle as in *o. $; supra.?
(nterrogatories on ehalf of the aove#named @&laintiff or defendant C.7.A for the examination of the aove#
named @defendants E.:. and 1. H. or plaintiffA.
$. 7id not; etc.
9. Has not; etc. . . . . . . . . . etc.; . . . . . . . . . etc.; . . . . . . . . . etc.
@0he defendant E. :. is reDuired to answer the interrogatories numered. . . . . . . . . .. A
@0he defendant 1.H. is reDuired to answer the interrogatories numered. . . . . . . . . . .A
*o. -
Answer 0o (nterrogatories
>6. $$; R. ,.?
>0itle as in *o. $; supra.?
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 oGectionA.
*o. 4
6rder for Affidavit as to 7ocuments
>6. $$; R. $9.?
>0itle as in *o. $; supra.?
/pon hearing . . . . . . . . . ; (t is ordered that the . . . . do within . . . . . . . . . da!s from the date of this order;
answer on affidavit stating which documents are or have een in his possession or power relating to the
matter in Duestion in this suit; and that the costs of this application e.
*o. .
Affidavit as to 7ocuments
>6. $$; R. $-.?
>0itle as in *o. $; supra.?
(; 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 in
the 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 @state
grounds of oGectionA.
-. ( have had ut have not now; in m! possession or power the documents relating to the matters in Duestion
in 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 ecome
of them and in whose possession the! now areA.
.. 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 the
possession custod! or power of an! other person on m! ehalf; an! account; ooF of account; voucher;
receipt; 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 the
said first and second schedules hereto.
*o. 2
6rder to &roduce 7ocuments for (nspection
>6. $$; R. $4.?
>0itle as in *o. $; supra?.
/pon hearing . . . . . . . . . and upon reading the affidavit of . . . . . . . . . filed the da! of . . . . . . . . . $,... (t is
ordered that the . . . . . . . . . do; at all reasonale times; on reasonale notice; produce at . . . . . . . . . situate
at . . . . . . . . . ; the following documents; namel!; . . . . . . . . . ; and that the . . . . . . . . . e at lier! to inspect
and persue the documents so produced; and to maFe notes of their contents. (n the meantime; it is ordered
that all further proceedings e sta!ed and that the costs of this application e.
*o. 3
*otice to &roduce 7ocuments
>6. $$. R. $2?
>0itle as in *o. $; supra.?
0aFe notice that the @plaintiff or defendantA reDuires !ou to produce for his inspection the following documents
referred to in !our @plaint or written statement or affidavit; dated that . . . . . . . . . da! of . . . . . . . . . $,...A.
@7escrie documents reDuired.A
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 noticeA at @insert place of inspectionA on 0hursda! next; . . . . . . .
. . . . . . the instant; etween the hours of $9 and 4 oKclocF.
6r; that the @plaintiff or defendantA oGects to giving !ou inspection of documents mentioned in !our notice of
the . . . da! of . . . . . . . . . $,... on the ground that @State the groundA.
*o. ,
*otice to Admit 7ocuments
>6. $9; R. -.?
>0itle as in *o. $; supra.?
0aFe notice that the plaintiff @or defendantA in this suit proposes to adduce in evidence the several document
hereunder specified; and that the same ma! e inspected ! the defendant @or plaintiffA his pleader or agent;
at . . . . . . . . . on . . . . . . . . . etween the hours of . . . . . . . . . ; and the defendant @or plaintiffA is here!
reDuired; within fort!#eight hours from the ... last#mentioned hour; to admit that such of the said documents as
are specified to e originals were respectivel! written; signed or executed; as the! purport respectivel! to
have een; that such as are specified as copies are true copies; and such documents as are stated to have
een served; sent or delivered were so served; sent or delivered; respectivel!; saving all Gust exceptions to
the admissiilit! of all such documents as evidence in this suit.
1.H.; pleader @or agentA for plaintiff
@or defendantA
0o E.:.; pleader @or agentA for defendant @or plaintiffA.
@Here descrie the documents and specif! as to each document whether it is original or a cop!.A
*o. $<
*otice to Admit :acts
>6. $9; R. ..?
>0itle as in *o. $; supra.?
0aFe notice that the plaintiff @or defendantA in this suit reDuires the defendant @or plaintiffA to admit; for the
purposes of this suit onl!; the several facts respectivel! hereunder specified; and the defendant @or plaintiffA is
here! reDuired; within six da!s from the service of this notice; to admit the said several facts; saving all Gust
exceptions to the admissiilit! of such facts as evidence in this suit.
1.H. pleader @or agentA for plaintiff @or defendantA.
0o E.:.; pleader @or agentA for defendant @or plaintiffA.
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. ..?
>0itle as in *o. $; supra.?
0he defendant @or plaintiffA in this suit; for the purposes of this suit onl!; here! admits the several facts
respectivel! hereunder specified; suGect to the Dualifications or limitations; if an!; hereunder specified;
saving 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 used
against the defendant @or plaintiffA on an! other occasion or ! an! one other than the plaintiff @or defendant
or part! reDuiring the admissionA.
E.:.; pleader @or agentA for defendant
@or plaintiffA
0o 1.H.; pleader @or agentA for plaintiff @or defendantA.
: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 all
ooFs; papers; letters; copies of letters and other writings and documents in !our custod!; possession of
power; containing an! entr!; memorandum or minute relating to the matters in Duestion in this suit; and
particularl!.
1.H.; pleader @or agentA for plaintiff @or defendantA.
0o E.:.; pleader @or agentA for defendant @or plaintiffA.
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 and
of . . . . . . . . . . . . for the defendant; it is ordered and decreed that . . . . . . . . . and that the sum of
Rs. . . . . . . . . . e paid ! the . . . . . . . . . to the . . . . . . . . . on account of the costs of this suit; with interest
thereon at the rate of . . . . . . . . . per cent; per annum from this date to date of realiCation.
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
Susistence for witnesses
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 the
plaintiff and of . . . . . . . . . for the defendant; (t is ordered that the . . . . . . . .do pa! to the . . . .. . . the sum of
Rs. . . . . . . . . . with interest thereon at the rate of . . . . . . . . . per cent per annum from . . . . . . to the date of
realiCation of the said sum and do also pa! Rs.... ; the cost of this suit; with interest thereon at the rate
of . . . . . . . . . per cent per annum from this date to the date of realiCation.
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
Serivce of process
0otal
Stamp for power
7o. for petition
&leaderKs fee
Susistence for witnesses
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 referred
to . . . . . . . . . . . . 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 mentioned
in the plaint >such interest to e computed at the rate pa!ale on the principal or where no such rate 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 plaintiff or ! an!
other person ! the order or for the use of the plaintiff or which without the wilful default of the plaintiff or
such 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 and
expenses >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 as
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 or
omission of the plaintiff 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 the
mortgage#deed.
9. And it is here! further ordered and decreed that an! amount received under clause >ii? or adGudged due
under clause >iv? aove; together with interest thereon; shall first e adGusted against an! sums paid ! the
plaintiff 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 on
account of interest 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 all
convenient despatch after maFing all Gust allowances on or efore the . . . . da! of. . . . . . . . . and that upon
such report of the Commissioner eing received; it shall e confirmed and countersigned; suGect to such
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 defendant do pa! into Court on or efore the. . . . . . . .da! of . . . . . . . ...; or an! later date up to
which 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 amount
as 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 $$; of
6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure; $,<%; the plaintiff shall ring into Court all
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 defendant; or to such person as he appoints; and the plaintiff
shall; if so reDuired; re#conve! or re#transfer the said propert! free from the said mortgage and clear of and
from 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 reDuired;
deliver 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 e
at liert! to appl! to the Court for a final decree that the defendant shall thenceforth 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 up to the plaintiff 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; 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 9;IWhere 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 his
mortgage mentioned in the plaint 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 costs of the suit? properl! incured ! the plaintiff in respect of the mortgage#securit!; together with
interest thereon; and the sum of Rs. ........for the costs of this suit awarded to the plaintiff; maFing in all sum
of 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 for
pa!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 amount
as 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 $$; of
6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure; $,<%; the plaintiff shall ring into Court all
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 defendant; or to such person as he appoints; and the plaintiff
shall; if so reDuired; re#conve! or re#transfer the said propert! free from the said mortgage and clear of and
from 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 reDuired;
deliver 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 foreclosed
of and from all right to redeem the mortgaged propert! descried in the Schedule annexed hereto and shall;
of so reDuired; deliver up to the plaintiff 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; and on such
application or otherwise the Court ma! give such directions as it thinFs fit.
Schedule
7escription of the mortgaged propert!
*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!? dated
the.......da! of......and the application of the plaintiff dated the.......da! of.......for a final decree and after
hearing the parties and it appearing that the pa!ment directed ! the said decree and orders had not een
made ! the defendant or an! person on his ehalf or an! other person entitled to redeem the said
mortgage;
(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.-A@and >if the defendant e in possession of the said mortgaged propert!? that the defendant shall deliver
to the plaintiff Duiet and peaceale possession of the said mortgaged propert!A.
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 and
extinguished.
*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 the
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 mentioned
in the plaint >such interest to e computed at the rate pa!ale on the principal or where no such rate 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 plaintiff or ! an!
other person ! the order or for the use of the plaintiff or which without the wilful default of the plaintiff or
such 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 and
expenses >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
as 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 or
omission of the plaintiff 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 the
mortgage#deed.
9. And it is here! further ordered and decreed that an! amount received under clause >ii? or adGudged due
under clause >iv? aove; together with interest thereon; shall first e adGusted against an! sums paid ! the
plaintiff 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 on
account of interest 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 all
convenient despatch after maFing all Gust allowances on or efore the.......da! of.......; and that upon report of
the Commissioner eing received; it shall e confirmed and countersigned; suGect to such modification as
ma! 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 for
pa!ment ma! e extended ! the Court; such sum as the Court shall find 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 amount
as 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 $$; of
6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure; $,<%; the plaintiff shall ring into Court all
documents in his possession or power relating to the mortgaged propert! in the plaint mentioned; and all
such documents shall e delivered over to the defendant; or to such person as he appoints; and the plaintiff
shall; if so reDuired; re#conve! or re#transfer the said propert! free from the mortgage and clear of and from
all incumrances created ! the plaintiff or an! person claiming under him or an! person under whom he
claims and shall; if so reDuired; deliver up to the defendant Duiet and peaceale possession of the said
propert!.
.. And it is here! further ordered and decreed that; in default of pa!ment as aforesaid; the plaintiff ma!
appl! to the Court for a final decree for the sale of the mortgaged propert!; and on such application eing
made the mortgaged propert! or a sufficient part thereof shall e directed to e sold; and for the purposes of
such sale the plaintiff shall produce efore the Court; or such officer as it appoints; all documents in his
possession or power relating to the mortgaged propert!.
2. And it is here! further order and decreed that the mone! realised ! such sale shall e paid into Court
and shall e dul! applied >after deduction therefrom of the expenses of the sale? in pa!ment of the amount
pa!ale to the plaintiff under this decree and under an! further orders that ma! e passed in this suit and in
pa!ment of an! amount which the Court ma! adGudge due to the plaintiff in respect of such costs of the suit;
and such costs; charges and expenses as ma! e pa!ale under rule $<; together with such suseDuent
interest as ma! e pa!ale under rule $$; of 6rder 555(8 of the :irst Schedule to the code of Civil
&rocedure; $,<%; and that the alance; if an!; shall e paid to the defendant or other persons entitled to
receive the same.
3. And it is here! further ordered and decreed that; if the mone! realised ! such sale shall not e sufficient
or pa!ment in full of the amount pa!ale to the plaintiff as aforesaid; the plaintiff 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 time eing
in force? to appl! for a personal decree against the defendant for the amount of the alance; and that the
parties are at liert! to appl! to the Court from time to time as the! ma! have occasion; 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 Sale
>6rder 555(8; Rule 4;IWhen 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 the
mortgage mentioned in the plaint 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 costs of the suit? properl! incurred ! the
plaintiff 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.
9. And it is here! ordered and decreed as follows"I
>i? that the defendant do pa! into Court on or efore the. . . . . . . . . . . .da! of. . . . . . . . . or an! later date up
to 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 amount
as 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 $$; of
6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure; $,<%; the plaintiff shall ring into Court all
documents in his possession or power relating to the mortgaged propert! in the plaint mentioned; and all
such documents shall e delivered over to the defendant; or to such person as he appoints; and the plaintiff
shall; if so reDuired; re#conve! or re#transfer the said propert! free from the said mortgage and clear of and
from all incumrances created ! the plaintiff or an! person claiming under him or an! person under whom
he claims and shall; if so# reDuired deliver up to the defendant Duiet and peaceale possession of the said
propert!.
-. And it is here! further ordered and decreed that; it default of pa!ment as aforesaid; the plaintiff ma! appl!
to the Court for a final decree for the sale of the mortgaged#propert!; and on such application eing made;
the mortgaged propert! or a sufficeint part thereof shall e directed to e sold; and for the purposes of such
sale the plaintiff shall produce efore the Court or such officer as it appoints all documents in his possession
of power relating to the mortgaged propert!.
4. And it is here! further ordered and decreed that the mone! realised ! such sale shall e paid into Court
and shall e dul! applied >after deduction herefrom of the expenses of the sale? in pa!ment of the amount
pa!ale to the plaintiff under this decree and under an! further orders that ma! e passed in this suit and in
pa!ment of an! amount which the Court ma! adGudge due to the plaintiff in respect of such costs of the suit;
and such costs; charges and expenses as ma! e pa!ale under rule $<; together with such suseDuent
interest as ma! e pa!ale under rule $$; of 6rder 555(8 of the :irst Schedule to the Code of Civil
&rocedure $,<%; and that the alance; if an!; shall e paid to the defendant or other persons entitled to
received the same.
.. And it is here! further ordered and decreed that; if the mone! realised ! such sale such not e sufficient
for pa!ment in full of the amount pa!ale to the plaintiff as aforesaid; the plaintiff shall e at liert! >where
such 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 the
parties are at liert! to appl! to the court from time to time as the! ma! have occasion; and on such
application or otherwise the Court ma! give such directions as it thinFs fit.
Schedule
7escription of the mortgaged propert!
*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! other
person entitled to redeem the mortgage;
(t is here! ordered and decreed that the mortgaged propert! in the aforesaid preliminar! decree mentioned
or a sufficient part thereof e sold; and that for the purposes of such sale the plaintiff shall produce efore the
Court or such officer as it appoints all documents in his possession or power relating to the mortgaged
propert!.
9. And it is here! further ordered and decreed that the mone! realised ! such sale shall e paid into the
Court and shall e dul! applied >after deduction therefrom of the expenses of the sale? in pa!ment of the
amount 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 the
plaintiff for such costs of the suit including the costs of this application 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 :irst Schedule to the Code of Civil &rocedure; $,<% and that the
alance; 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 the
Commissioner 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 mortgage
mentioned in the plaint >such interest to e computed at the rate pa!ale on the principal or where no such
rate 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 or
such 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 and
expenses >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
as 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 or
omission 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 term of the
mortgage#deed.
9. (t is here! further ordered and decreed that an! amount received under clause >ii? or adGudged due under
caluse >iv? aove; together with interest thereon; shall e adGusted against an! sums paid ! the defendant
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 defendant on account of
interest 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 all
conveninent despatch after maFing all Gust allowances on or efore the. . . . . . . . . .da! of. . . . . . . . . and that
upon such report of the Commissioner eing received; it shall e confirmed and countersigend; suGect to
such 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 to
which time for pa!ment ma! e extended ! the Court; such sum as the Court shall find due and the sum of
Rs. . . . . . . . . . . . . . . .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 amount
as 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 $$; of
6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure; $,<%; the defendant shall ring into Court
all documents in his possession or power relating to the mortgaged propert! in the plaint mentioned; and all
such documents shall e delivered over the the plaintiff; or to such person as he appoints; and the defendant
shall; if so reDuired; re#conve! or re#transfer the said propert! free from the said mortgage and clear of and
from all incumrances created ! the defendant 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
reDuired; 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 shall
e 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 Schedule
annexed hereto and 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; and on such application or otherswise the Court ma! give such directions as it thinFs fit.
7escription of the mortgaged propert!
*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 such
rate 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 defendant
or 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 and
expenses >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
as 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 or
ommission 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 the
mortgaged#deed.
9. And it is here! further ordered and decreed that an! amount received under clause >ii? or adGudged due
under clause >iv? aove; together with interest thereon; shall first e adGusted against an! sums paid ! the
defendant 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 defendant on
account of interest 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 all
convenient despatch after maFing all Gust allowances on or efore the. . . . . . . . . . . . . . . da! of. . . . . . . . . . . .
.and that; upon such report of the Commissioner eing received; it shall e confirmed and countersigned;
suGect to such 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 do pa! into Court on or efore the. . . . . . . . . .da!. . . . . . . . . .of or an! later date up to
which time for pa!ment ma! e extended ! the Court; such sum as the Court shall find due and the sum of
Rs. . . . . . . . . . . . . . . . . . for the costs of the suit awarded to the defendant;
>ii? that; or such pa!ment and on pa!ment thereafter efore such date as the Court ma! fix of such amount
as 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 $$; of
6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure; $,<%; the defendant shall ring into Court
all documents in his possession or power relating to the mortgaged propert! in the plaint mentioned; and all
such documents shall e delivered over to the plaintiff; or to such person as he appoints; and the defendant
shall; if so reDuired; re#conve! or re#transfer the said propert! free from the said mortgage and clear of and
from all incumrances created ! the defendant or an! person claiming under him or an! person under
whom the claims and shall; if so reDuired; deliver up to the plaintiff Duiet and peaceale possession of the
said propert!.
.. And it is here! further ordered and decreed that; in default of pa!ment as aforesaid; the defendant ma!
appl! to the Court for a final decree for the sale of the mortgaged propert!; and on such application eing
made; the mortgaged propert! or a sufficient part thereof shall e directed to e sold; and for the purpose of
such sale the defendant shall produce efore the Court or such officer as it appoints; all documents in his
possession or power relating to the mortgaged propert!.
2. And it is here! further ordered and decreed that the mone! realised ! such sale shall e paid into Court
and shall e dul! applied >after deduction therefrom of the expenses of the sale? in pa!ment of the amount
pa!ale to the defendant under this decree and under an! further orders that ma! e passed in this suit and
in pa!ment of an! amount which the Court ma! adGudge due to the defendant in respect of such costs of the
suit and such costs; charges and expenses as ma! e pa!ale under rule $<; together with such suseDuent
interest as ma! e pa!ale under rule $$; of 6rder 555(8 of the :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 receive
the same.
3. And it is here! further ordered and decreed that; if the mone! realised ! such sale shall not e sufficient
for 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 his mortgage and is not arred ! an! law for the time
eing in force? to appl! for a personal decree against the plaintiff for the amount of the alance; and that the
parties are at liert! to appl! to the Court from time to time as the! ma! have occasion; and on such
application or otherwise the Court ma! give such directions as it thinFs fit.
Schedule
7escription of the mortgaged propert!
*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 the Court declares the amount due.?
>0itle?
0his suit coming on this. . . . . . . . . . . . . . . da!; etc.; (t is here! declared that the amount due to the
defendant on the mortgage mentioned in the plaint 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 costs of the suit? properl! incurred ! the defendant in respect of the mortgage#securit! together with
interest thereon; and the sum of Rs. . . . . . . . . . . . . . . .for the costs of the suit awarded to the defendant;
maFing in all the sum of Rs.
9. And it is here! ordered and decreed as follows"I
>i? that the plaintiff do pa! into Court on or efore the . . . . . . . . . . . . . .da! of. . . . . . . ; or an! later date up to
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 amount
as the Court ma! adGudge due in respect of such cost 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 :irst Schedule to the Code of Civil &rocedure; $,<%; the defendant shall ring into Court
all documents shall e delivered over to the plaintiff; or to such person as he appoints; and the defendant
shall; if so reDuired; re#conve! or re#transfer the said propert! free from the said mortgage and clear of and
from all incumrances created ! the defendant 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
reDuired; 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 and
foreclosed of and from all right to redeem the mortgaged propert! descried in the schedule annexed hereto
and 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; and
on such application or otherwise the Court ma! give such directions as it thinFs fit.
Schedule
7escription 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 the
defendant on the mortgage mentioned in the plaint 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 costs of the suit? properl! incurred ! the defendant in respect of mortgage#securit! together with interest
thereon; and the sum of Rs. . . . . . . . . . . . . . . .for the cost of this suit awarded to the defendant; maFing in all
the sum of Rs.
9. And it is here! ordered and decreed as follows"I
>i? that the plaintiff do pa! into Court on or efore the. . . . . . . . . . . . . . . da! of. . . . . . . . . . . . . . . or an! later
date 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 amount
as 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 $$; of
6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure; $,<%; the defendant shall ring into Court
all 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 defendant
shall; if so reDuired; reconve! or re#transfer the said propert! to the plaintiff free from the said mortgage and
clear of and from all incumrances created ! the defendant or an! person claiming under him or an! person
under whom he claims and shall; if so reDuired; 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 ma!
appl! to the Court for a final decree for the sale of the mortgaged propert!; and on such application eing
made; 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 his
possession 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 Court
and shall e dul! applied >after deduction therefrom of the expenses of the sale? in pa!ment of the amount
pa!ment of an! amount which the Court ma! adGudge due to the defendant 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 :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 the
same.
.. And it is here! further ordered and decreed that; if the mone! realised ! such sale shall not e sufficient
for 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 time
eing in force? to appl! for a personal decree against the plaintiff for the amount of the alance; and that the
parties are at liert! to appl! to the Court from time to time as the! ma! have occasion; and on such
application or otherwise the Court ma! give such directions as it thinFs fit.
Schedule
7escription of the mortgaged propert!
*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 defendant
dated the. . . . . . . . . . . . . . . da! of. . . . . . . . . . . . . . . for a final decree and after hearing the parties; and it
appearing that the pa!ment as directed ! the said decree and orders has not een made ! the plaintiff or
an! 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! in
the aforesaid preliminar! decree mentioned @4.4A@and >if the plaintiff e in possession of the said mortgaged
propert!? that the plaintiff shall deliver to the defendant Duiet and peaceale possession of the said
mortgaged propert!A.
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 further
order >if an!? dated the. . . . . . . . . .da! of. . . . . . . . . . . . .; and the application of the defendant dated
the. . . . . . . . . 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 his
ehalf or an! other person entitled to redeem the mortgage;
(t is here! ordered and decreed that the mortgaged propert! in the aforesaid preliminar! decree mentioned
or a sufficient part thereof e sold and that for the purposes of such sale the defendant shall produce efore
the Court; or such officer as it appoints; all documents in his possession or power relating to the mortgaged
propert!.
9. And it is here! ordered and decreed that the mone! realised ! such sale shall e paid into Court and
shall e dul! applied >after deduction therefrom of the expenses of the sale? in pa!ment of the amount
pa!ale to the defendant 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 the
defendant for such costs of this suit including the costs of this application and such costs; charges and
expenses as ma! e pa!ale under rule $<; together with the 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 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 into
Court all amounts due to the mortgagee under the preliminar! decree dated the. . . . . . .da! of. . . . . . .; (t is
here! ordered and decreed that"I
>i? the mortgagee do execute a deed of re#conve!ance of the propert! in the aforesaid preliminar! decree
mentioned in favour of the mortgagor @4..A@or; as the case ma! e;. . . . . . . . . who has redeemed the
propert!A 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 mortgaged
propert! in the suit.
And it is here! further ordered and decreed that; upon the mortgagee executing the deed of re#conve!ance
or acFnowledgment in the manner aforesaid;I
>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 @4.2A@or
the person maFing the pa!mentA and the mortgagee do; when so reDuired; concur in registering; at the cost
of the mortgagor @4.3A@or other person maFing the pa!mentA; the said deed of re#conve!ance or the
acFnowledgment in the officer of the Su#registrar of. . . . . . . . . ; and
>iii? @4.%A@if the mortgagee; plaintiff or defendant; as the case ma! e; is in possession of the mortgaged
propert!A that the mortgagee do forthwith deliver possession of the mortgaged propert! in the aforesaid
preliminar! decree mentioned to the mortgagor @4.,A@or such person as aforesaid who has made the
pa!ment.A
*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 reading
the 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 have
een paid to the applicant out of the Court on the da! of. . . . . . and that the alance now due to him under
the aforesaid decree of Rs. . . . . . .;
And whereas it appears to the Court that the said sum is legall! recoverale from the mortgagor >plaintiff or
defendant; 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 or
plaintiff; 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 of
realisation 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.A
>6rder 555(8; Rules 9 and 4?
>0itle?
0he suit coming on this . . . . . . . . . . . . . .. . . . . . . . . . . . da!; etc; (t is here! declared that the amount due to
the plaintiff on the mortgage mentioned in the plaint 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 costs of the suit? incurred ! the plaintiff in respect of the
mortgage#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 his
mortgage 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<A@or >if there are several suseDuent mortgagees? that the several parties hereto are entitle in the
following order to the pa!ment of the sums due to them respectivel!;IA
-. 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 date
up to which time for pa!ment has een extended ! the Court the said sum of Rs. . . . . . . . . .due to the
plaintiff; and
>? that defendant *o. $ 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
>ii? that; on pa!ment of the sum declared to e due to the plaintiff e defendant or either of them in the
manner prescried in clause >i?>a? and on pa!ment thereafter efore such date as the Court ma! fix and such
expenses as ma! e pa!ale under rule $<; together with such suseDuent interest as ma! e pa!ale shall
ring into Court all documents in his possession or power relating to the mortgaged propert! in the plaint
mentioned; and shall all such documents shall e delivered over to the defendant *o. . . . . . >who has made
the pa!ment?; or to such person as he appoints; and the plaintiff shall; if so reDuired; re#conve! or re#transfer
the 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 to
defendant *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 to
the plaintiff; the plaintiff shall e at liert! to appl! to the Court for a final decreeI
>i?@42$A @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 saleA that the defendants Gointl! and severall! shall
thenceforth 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 and
peaceale possession of the said propert!; or
>ii? @429A@in the case of an! other mortgageA that the mortgaged propert! or a sufficient part thereof shall e
sold; and that for the purposes of such sale the plaintiff shall produce efore Court or such officer as it
appoints; all documents in his possession or power relating to the mortgaged propert!; and
>iii? @42-A@in the case where a sale is ordered under clause >4? >ii? aoveA that the mone! realised ! such
sale shall e paid into Court and e dul! applied >after deduction therefrom of the expenses of the sale? in
pa!ment of the amount pa!ale to the plaintiff under this decree and under an! further orders that ma! have
een 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 :irst
Schedule to the Code of Civil &rocedure; $,<%; and that the alance; if an!; shall e applied in pa!ment of
the amount due to defendant *o. 9; and that if an! alance e left; it shall e paid to the 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 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! >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 defendant *o. 9 pa!s into Court to the credit of this suit the amount adGudged due to the plaintiff;
ut defendant *o. $ maFes default in the pa!ment of the said amount; defendant *o. 9 shall e at liert! to
appl! to the Court to Feep the plaintiffKs mortgage alive for his enefit and to appl! for a final decree >in the
same manner as the plaintiff might have done under clause 4 aove?I
@424A @>i? that defendant *o. $ shall thenceforth 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 up to defendant *o. 9 Duiet and peaceale possession of the said propert!;A or
@42.A@>ii? that the mortgaged propert! or a sufficient part thereof e sold and that for the purposes of such
sale defendant *o. 9 shall produce efore the Court or such officer as it appoints; all documents in his
possession or power relating to the mortgaged propert!;A and
>? >if on the application of defendant *o. 9 such a final decree for foreclosure is passed?; that the whole of
the 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 @422A@in the case where a sale is ordered under clause .
aoveAI
>i? 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 paid ! defendant *o. 9 in respect of
the plaintiffKs mortgage and the costs of the suit in connection therewith and in pa!ment of the amount which
the Court ma! adGudge due in respect of suseDuent interest on the said amount; and that the alance; if
an!; shall then e applied in pa!ment of the amount adGudged due to defendant *o. 9 in respect of his own
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 this suit and such costs; charges and expenses as
ma! e pa!ale to defendant *o. 9 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 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 in
respect of the plaintiffKs mortgage or defendant *o. 9Ks 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 time eing
in 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 to
time as the! ma! have occasion; and on such application or otherwise the Court ma! give such directions as
it thinFs fit.
Schedule
7escription of the mortgaged propert!
*o. $<
&reliminar! 7ecree for Redemption of &rior )ortgage and :oreclosure of Sale on
SuseDuent )ortgage
@&laintiff $st )ortgagee;
vs
7efendant *o. $ )ortgagor
7efendant *o. 9 9nd )ortgagee.A
>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 the
mortgage mentioned in the plaint 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 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. 9;
maFing in all the sum of Rs.
>Similar declarations to e introduced with regard to the amount due from defendant *o. $ to the plaintiff in
respect 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 the
plaintiff @423A@or >if there are several suseDuent mortgagees? that the several parties hereto are entitled in
the following order to the pa!ment of the sums due to them respectivel!"IA.
-. 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 which
time 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 Court
ma! fix of such amount as 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 $$; 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! in
the 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 so
reDuired; re#conve! or re#transfer the said propert! free from the said mortgage and clear of and from all
incumrances 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 so
reDuired; deliver up to the plaintiff or defendant *o. $ >whoever 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 due to the
plaintiff 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 to
defendant *o. 9; defendant *o. 9 shall e at liert! to appl! to the Court that the suit e dismissed or for a
final decreeI
>i? @42%A@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 saleA that the plaintiff and defendant *o. $ Gointl!
and severall! shall thenceforth 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
defendant *o. 9 Duiet and peaceale possession of the said propert!; or
>ii? @42,A@in the case of an! other mortgageA that the mortgaged propert! or a sufficient part thereof shall e
sold; and that for the purposes of such sale defendant *o. 9 shall produce efore the Court or such officer as
it appoints; all documents in his possession or power relating to the mortgaged propert!; and
>iii? @43<A@in the case where a sale is ordered under clause 4>ii? aoveA that the mone! realised ! such sale
shall e paid into Court and e dul! applied >after deduction therefrom of the expenses of the sale? in
pa!ment of the amount pa!ale to defendant *o. 9 under the decree and an! further orders that ma! e
passed in this suit and in pa!ment of the amount which the Court ma! adGudge due to defendant *o. 9 in
respect of such costs of the suit and such costs; charges and expenses as ma! e pa!ale to the plaintiff
under rule $<; together with such suseDuent interest as ma! e pa!ale under rule $$; or 6rder 555(8 of
the :irst Schedule to the Code of Civil &rocedure; $,<%; and that the alance; if an!; shall e applied in
pa!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 to
defendant *o. 9 and the plaintiff; defendant *o. 9 or the plaintiff or oth of them; as the case ma! e; shall
e 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 decreed;I
>a? that; if the plaintiff pa!s into Court to the credit of this suit the amount adGudged due to defendant *o. 9
ut 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 the
same manner as the defendant *o. 9 might have done under clause 4 aove?I
@43$A@>i? that defendant *o.$ shall thenceforth 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 up to the plaintiff Duiet and peaceale possession of the said propert!A; or
@439A@>ii? that the mortgaged propert! or a sufficient part thereof e sold and that for the purposes of such
sale 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!;A and
>? >if on the application of defendant *o. 9 such a final decree for foreclosure is passed?; that the whole of
the 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 deduction
therefrom of the expenses of the sale? first in pa!ment of the amount paid ! the plaintiff in respect of
defendant *o. 9Ks mortgage and the costs of the suit in connection therewith and in pa!ment of the amount
which the Court ma! adGudge due in respect of suseDuent interest on the said amount; and that the
alance; if an!; shall then e applied in pa!ment of the amount adGudged due to the plaintiff in respect of his
own 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 expenses
as ma! e pa!ale to the plaintiff 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 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 in
respect 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 time
eing 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 to
time as the! ma! have occasion; and on such application or otherwise the Court ma! give such directions as
it thinFs fit.
Schedule
7escription of the mortgaged propert!
*o. $$
&reliminar! 7ecree for Sale
@&laintiff Su or derivative mortgage
vs.
7efendant *o. $ )ortgagor;
7efendant *o. 9 6riginal )ortgagee.A
>6rder 555(8; Rule 4?
>0itle?
0his suit coming on this. . . . . . . . . da!; etc; (t is here! declared that the amount due to defendant *o. 9 on
his mortgage calculated up to this. . . . . . da! of. . . . . . is the sum of Rs. . . for principal; the sum of Rs. . . . . .
for interest on the said principal; the sum of Rs. . . . . . for costs; charges and expenses >other than the costs
of the suit? in respect of the mortgage#securit! together with interest thereon and the sum of Rs. . . . . . for the
costs of the suit awarded to defendant *o. 9; maFing in all the sum of Rs. . . . . . . . . . . . . . . . . . . . . . . . .
>Similar declarations to e introduced with regard to the amount due from defendant *o. 9 to the plaintiff in
respect of his mortgage.?
9. And it is here! ordered and decreed as follows"I
>i? that defendant *o. $ do pa! into Court on or efore th said. . . .da! of. . . . . . or an! later date of up to
which time for pa!ment ma! e extended ! the Court the said sum of Rs. . . . . . . . . due to defendant *o. 9;
>Similar declarations to e introduced with regard to the amount due to the plaintiff; defendant *o. 9 eing at
liert! to pa! such amount.?
>ii? that; on pa!ment of the sum declared due to defendant *o. 9 ! defendant *o. $ in the manner
prescried in clause 9>i? and on pa!ment thereafter efore such date as the Court ma! fix of such amount as
the Court ma! adGudge due in respect of such costs of the suit and such costs; charges and expenses as
ma! e pa!ale under rule $<; together with such suseDuent interest as ma! e pa!ale under rule $$; or
6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure; $,<%; the plaintiff and defendant *o. 9
shall ring into Court all documents in their possession or power relating to the mortgaged propert! in the
plaint mentioned; and all such documents >except such as relate onl! to the su#mortgage? shall e delivered
over 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 all
incumrances created ! defendant *o. 9 or an! person claiming under him or an! person under whom he
claims; and free from all liailit! arising from the mortgage or this suit and shall; if so reDuired; deliver up to
defendant *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 plaintiff
shall e at liert! to appl! for pa!ment to him of the sum declared due to him together with an! suseDuent
costs of the suit and other costs; charges and expenses; as ma! e pa!ale under rule $<; together with
such suseDuent interests as ma! e pa!ale under rule $$; of 6rder 555(8 of the :irst Schedule to the
Code of Civil &rocedure; $,<%; and that the alance; if an!; shall then e paid to defendant *o. 9; and that if
the amount paid into the Court e not sufficient to pa! in full the sum due to the plaintiff; the plaintiff shall e
at liert! >if such remed! is open to him ! the terms of the mortgage and is not arred ! an! law for the
time eing in force? to appl! for a personal decree against defendant *o. 9 for the amount of the alance.
-. And it is further ordered and decreed that if defendant *o. 9 pa!s into Court to the credit of this suit the
amount adGudged due to the plaintiff; the plaintiff shall ring into the Court all documents; etc; @as in su#
clause >ii? of the clause 9.A.
4. And it is here! further ordered and decreed that; in default of pa!ment ! defendant *os. $ and 9 as
aforesaid; the plaintiff ma! appl! to the Court for a final decree for sale; and on such application eing made
the mortgaged propert! or a sufficient part thereof shall e directed to e sold; and that for the purposes of
such sale the plaintiff and defendant *o. 9 shall produce efore the Court or such officer as it appoints; all
documents in their possession or power relating to the mortgaged propert!.
.. And it is here! further ordered that the mone! realised ! such sale shall e paid into Court and e dul!
applied >after deduction therefrom of the expenses of the sale? first in pa!ment of the amount due to the
plaintiff as specified in clause $ aove with such costs of the suit and other costs; charges and expenses as
ma! e pa!ale under rule $<; together with such suseDuent interest as ma! e pa!ale under rule $$; of
6rder 555(8 of the :irst Schedule to the Code of Civil &rocedure; $,<%; and that the alance; if an! shall e
applied in pa!ment of the amount due to defendant *o. 9; and that; if an! alance e left; it shall e paid to
defendant *o.$ 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; sufficient
for 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 respective
mortgages 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 this
suit the amount adGudged due to the plaintiff; ut defendant *o. $ maFes default in pa!ment of the amount
due to defendant *o. 9; defendant *o. 9 shall e at liert! to appl! to the Court for a final decree for
foreclosure or sale >as the case ma!?I>declarations in the ordinar! form to e introduced according to the
nature 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
7escription of the mortgaged propert!
*o. $9
7ecree for Rectification of (nstrument
>0itle?
(t is here! declared that the. . . . . . ; dated the. . . . . . . . . da! of. . . . . . . $,. . . . .; does not trul! express the
intention 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 etween
and. . . . . . 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; or
causing 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 in
the 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 to
erect 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 darFen;
inGure 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 or
permitting to e used an! part of the lane at. . . . . . . . . ; the soil of which elongs to the plaintiff; as a
carriage#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 as
next#of#Fin @or one of the next#of#FinA 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; in
all cases; an order to inDuire and taFe an account of creditors will follow the first paragraph and such of the
others as ma! e necessar! will follow; omitting the first formal words. 0he form is continued as in a creditorKs
suit.A
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; Court
all sums of mone! which shall e found to have come to his hands; or to the hands of an! person ! his
order or for his use.
%. And that if the. . . . . . @43-Ashall find it necessar! for carr!ing out the oGects of the suit to sell an! part of
the 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 and
outstanding movale propert! of the deceased; and pa! the same into the hands of the . . . . . . $>and shall
give 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 out
the 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 seiCed 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 of
the 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 up
the fund in Court sufficient to carr! out the oGect of the suit; e sold with the approation of the Judge; free
from incumrances >if an!? of such incumrancers as shall consent to the sale and suGect to the
incumrances 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 shall
prepare the conditioins and contacts of sale suGect to the approval of the. . . . . .@434A 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 . . . . . . . $.shall
advertise in the newspapers according to the practice of the Court; or shall maFe such inDuiries in an! other
wa! 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 acts
ordered to e done e completed; efore the da! of . . . . . . . and that the . . . . . . . .$do certif! the result of
the inGuries; and the accounts; and that all other acts ordered are completed; and have his certificate in that
ehalf read! for the inspection of the parties on the da! of
$.. And; lastl!; it is ordered that this suit @or proceedingsA 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.A
*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 of
Rs. . . . . . .; the alance ! the said certificate found to e due from the said defendant on account of the
estate of. . . . . . . . . . . .; the testator and also the sum of Rs. . . . . . for interest; at the rate of Rs. . . . . . .per
cent 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 the
amount of the said costs; when so taxed; e paid out of the said sum of Rs. . . . . . . . . . . . ordered to e paid
into Court as aforesaid; as follows"I
>a? 0he costs of the plaintiff to )r. . . . . . .; his attorne! @or pleaderA or and the costs of the defendant to
)r. . . . . . ; his attorne! @or pleaderA.
>? And >if an! dets are due? with the residue of the said sum of Rs. . . . . . after pa!ment of the plaintiffKs and
defendantKs costs as aforesaid let the sums; found to e owing to the several creditors mentioned in
the;. . . . . . .schedule to the certificate; of the. . . . . . .$ together with suseDuent interest on such of the dets
as ear interest; e paid; and; after maFing such pa!ments; let the amount coming to the several legatees
mentioned 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 for
the &a!ment of 'egacies
>0itle?
$. (t is declared that the defendant is personall! liale to pa! the legac! of Rs. . . . . . eDueathed to the
plaintiff.
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. . . . . . @43.A
pa! 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 the
parties 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 the
amount 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 the
personal estate of E.:.; the intestate; within one weeF after the taxation of the said costs ! the
said . . . . . . . . . $; 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 and
defendantKs 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 one
of 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 of
the 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 dissolvedA as from
the. . . .da! of. . . . . . .; and it is ordered that the dissolution thereof as from that da! e advertised in the . . . .
. . .1aCette; etc.
And it is ordered that. . . . . . e the receiver of the partnership#estate and effects in this suit and do get in all
the 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 settled
account 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 in
the plaint mentioned; and the stocF#in#trade; e sold on the premises; and that the. . . . . . Here insert name
of 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; and
that 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 that
all other acts are completed; and have his certificate in that ehalf read! for the inspection of the parties on
the. . . . . . . . . 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 the
whole 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.A
-. (n pa!ment of the sum of Rs. . . . . . to the plaintiff as his share of the partnership#assets; of the sum of
Rs. . . . . . .; eing the residue of the said sum of Rs. . . .now in Court to the defendant as his share of the
partnership#assets.
@6r; And that; the remainder of the said sum of Rs. . . .e paid to the said plaintiff >or defendant? in part
pa!ment of the sum of Rs. . . . . . certified to e due to him in respect of the partnership#accounts.A
4. And that the defendant @or plaintiffA do on or efore the. . . .da! of. . . . . . pa! to the plaintiff @or defendantA
the 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 hereunto
annexed.
9.0hat the defendant do pa! to the plaintiff the sum of Rs. . . .with interest thereon at the rate of. . . . . . .per
cent per annum to the date of realiCation on account of mesne profits which have accrued due prior to the
institution of the suit.
6r
9. 0hat an inDuir! e made as to the account of mesne profits which have accrued due prior to the institution
of 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#holderA @the relinDuishment of possession ! the Gudgment#detor with notice to
the decree #holder through the CourtA @the expiration of three !ears from the date of the decreeA.
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 of
Rs. . . . . . recoverale under the decree has een paidOadGusted and should e recorded as certified; this is
to give !ou notice that !ou are to appear efore this Court on the. . . . . . . . . da! of . . . . . . . . . $,. . . . . . .; to
show 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 in
the 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 Court
of. . . . . . . . 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 is
deemed necessar! and proper to send a certificate to the said Court under 6rder 55(; rule 2; of the Code of
Civil &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! have
een 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@432A satisfaction of the decree of this Court in suit *o. . . . . . . . of $, . . . .; a cop! which is
hereunto 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 realiCed
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! cross
decree
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!mentA.
Rs. a. p.
As awarded in the decree 43 $< 4
SuseDuentl! incurred % 9 <
Against the defendant C.7.
@When attachment and sale of movale propert! is sought.A
( pra! that the total amount of RsPPPP@together with interest on the principal sum up to date of pa!mentA
and 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.A
( pra! that the total amount of RsPPPPP@together with interest on the principal sum up to date of
pa!mentA and the cost of taFing out this execution; e realised ! attachment and sale of defendantKs
immovale propert! specified at the foot of this application and paid to me.
( . . . . . . . declare that what is stated herein is true to the est of m! Fnowledge and elief.
Signed. . . . . . . . . . . . . . . . . . .; decree#holder
7ated the . . . . . . . . . da! of . . . . . . . $, . . . .;
@When attachment and sale of immovale propert! is sought.A
7escription and specification of propert!
0he undivided one#third share of the Gudgment#detor in a house situated in the village of . . . . . . ; value Rs.
4<; and ounded as follows "I
East ! 1Ks house; west ! HKs house; south ! pulic road; north ! private lane and JKs house.
( . . . . . . . declare that what is stated in the aove description is true to the est of m! Fnowledge and elief;
and so far as ( have een ale to ascertain the interest of the defendant in the propert! therein specified.
Signed . . . . . . . . . . . . . . ; decree#holder
*o. 3
*otice to Show Cause Wh! Execution should not (ssue
>6. 9$; R. $2?
>0itle?
0o
Whereas . . . . . . . . . . . . . . has made application to this Court for execution of decree in Suit *o. . . . . . . . . . .
of $, . . . . .; on the allegation that the said decree has transferred to him ! assignment @433A@or without
assignmentA; this is to give !ou notice that !ou are to appear efore this Court . . . . . . . on the . . . . . . . . . da!
of . . . . . . . $, . . . .; to show cause wh! execution should not e granted.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . $, . . . .
Judge.
*o. %
Warrant of Attachment for )ovale &ropert! in Execution of a 7ecree for )one!
>6. 9$; R. -<?
>0itle?
0o
0he =ailiff of the Court;
Whereas . . . . . . . was ordered ! decree of this Court passed on the da! of . . . . . . .$, . . . .; in Suit *o. . . . .
. . . of $, . . . . . . .; to pa! to the plaintiff. . . . . . . . . . . . . . the sum of Rs. . . . . . . . . . . . . . . as noted in the
margin; and whereas the said sum of Rs. . . . . . . . has not een paid; 0hese are to command !ou to attach
the movale propert! of the said . . . . . . . . . ; as set forth in the schedule hereunto annexed; or which shall
e pointed out to !ou ! the said . . . . . . . .; and unless the said . . . . . . . shall pa! to !ou the said sum of Rs.
. . . . . . . together with Rs. . . . . . . . ; the cost of this attachment; to hold the same until further orders from this
Court.
+ou are further commanded to return this warrant on or efore the . . . . . . . . . da! of . . . . . . . $, . . . .; with
an endorsement certif!ing the da! on which and manner in which it has een executed; or wh! it has not
een executed.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . $, . . . .;
Schedule
Judge.
7ecree
&rincipal
(nterest
Costs
:urther interest
0otal
*o. ,
Warrant for SeiCure of Specific )ovale &ropert! AdGudged ! 7ecree
>6. 9$; R. -$?
>0itle?
0o
0he =ailiff of the Court.
Whereas . . . . . . . was ordered ! decree of this Court passed on the . . . . . . . . . da! of . . . . . . . $, . . . .; in
Suit *o. . . . . . . . of $,. . . .; to deliver to the plaintiff the movale propert! >or a . . . . . . . share in the movale
propert!? specified in the schedule hereunto annexed; and whereas the said propert! >or share? has not een
delivered.
0hese are to command !ou to seiCe the said movale propert! >or a . . . . . . . share of the said movale
propert!? 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 suit
presented 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 the
said da! and to state in writing an! oGections to the said draft.
7escription of propert!
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . $, . . . .;
Judge.
*o. $$
Warrant to the =elief to 1ive &ossession of 'and; etc.
>6. 9$; R. -.?
>0itle?
0o
0he =ailiff of the Court.
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 same;
and !ou are here! authoriCed to remove an! person ound ! the decree who ma! refuse to vacate the
same.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . $, . . . .;
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 on
the . . . . . . . . . da! of . . . . . . . $, . . . .; to show cause wh! !ou should not e committed to the civil prison in
execution of the said decree.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . $, . . . .;
Judge.
*o. $-
Warrant of Arrest in Execution
>6. 9$; R. -%?
>0itle?
0o
0he =ailiff of the Court.
Whereas . . . . . . . . . was adGudged ! a decree of the Court in suit *o. . . . . . . of $, . . . .; dated
the . . . . . . . . . da! of . . . . . . . $, . . . .; to pa! to the decree#holder the sum of Rs. . . . . . . as noted in the
margin; and whereas the said sum of Rs. . . . . . has not een paid to the said decree#holder in satisfaction of
the 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 an
endorsement certif!ing the da! on which and manner in which it has een executed; or the reason wh! it has
not een executed.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . $, . . . .;
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 a
warrant 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! . . . . . . . ; And
whereas the said . . . . . . . has not oe!ed the decree nor satisfied the Court that he is entitled to e
discharged from custod!; +ou are here! commanded and reDuired to taFe and receive the said . . . . . . . into
the civil prison and Feep him imprisoned therein for a period not exceeding . . . . . . . or until the said decree
shall e full! satisfied; or the said . . . . . . . . . . shall e otherwise entitled to e released according to terms
and provisions of Section .% of the Code of Civil &rocedure; $,<%; and the Court does here! fix @43%AH H H
per diem as the rate of the monthl! allowance for the susistence of the said . . . . . . . during his confinement
under this warrant of committal.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . $, . . . .;
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 !our
custod!.
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 ordered
that the defendant e; and is here!; prohiited and restrained until the further order of this Court; from
receiving from . . . . . . . the following propert! in the possession of the said; . . . . . . . that is to sa!; . . . . . .; to
which 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! person
or persons whomsoever.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . $, . . . .;
Judge.
@43,A@*o. $2A
Affidavit of Assets to e made ! a Judgment#detor
6rder 55(; Rule 4$>9?A
(n the Court of
A.= . . . . . . . . . 7ecree#holder.
vs.
C . . . . . . . . Judgment#detor.
( . . . . . . . . . . . . . . . . . . . . . . . of
state onEromanQQoathJ over Qsolemn affirmationJJ as follows"I
$. )! full name is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;
>=locF Capitals?
9. ( live at
H-. ( 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.
H3. >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.A
*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 Court;
from receiving from !ou a certain det alleged now to e due from !ou to the said defendant;
namel!; . . . . . . . . . and that !ou; the said . . . . . . . . . e; and !ou are here!; prohiited and restrained; until
the further order of this Court; from maFing pa!ment of the said det; or an! part thereof; to an! person
whomsoever 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 !ou
are 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 case;
has 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
0he =ailiff of the Court.
Whereas an order has een passed ! this Court on the . . . . . da! of . . . . . . . . . $, . . .; for the attachment
of . . . ; +ou are here! directed to seiCe the said . . . . . . . . . and ring the same into Court.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,...
Judge.
*o. 9$
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 an
attachment 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 the
further 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 intimation
from 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 the
attachment of a decree otained ! !ou on the . . . . . . . . . da! of . . . . . . . . $, . . .; in the Court of . . . . . . . . .
in Suit *o. . . . . . . . of $, . . . ; in which . . . . . . . . . was . . . . . . . . . and . . . . . . . . . was . . . . . . . . . (t is
ordered 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; the
said . . . . . . . . . ; e; and !ou are here!; prohiited and restrained; until the further order of the Court; from
transferring or charging the propert! specified in the schedule hereunto annexed; ! sale; gift or otherwise;
and that all person e; and that the! are here!; prohiited from receivng the same ! purchase; gift or
otherwise.
@4%<A @(t is also ordered that !ou should attend Court on the . . . . . . . . . da! of . . . . . . . . . $,. . . to taFe notice
of the date fixed for setting the terms of the proclamation of sale.A
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 notice
to appear efore this Court on . . . . . . . . . ; the . . . . . . . . . da! of . . . . . . . . . $,. . . . either in person or ! a
pleader of the Court dul! instructed to support !our claim; as attaching creditor.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,. . .
Judge.
*o. 93
Warrant of Sale of &ropert! in Execution of a 7ecree for )one!
>6. 9$; R. 22?
>0itle?
0o
0he =ailiff of the Court.
0hese are to command !ou to sell ! auction; after giving . . . . . . . . . da!sK previous notice; ! affixing the
same in this Court#house; and after maFing due proclamation; the . . . . . . . . . . propert! attached under a
warrant 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 realiCe the sum of Rs. . . . . .; eing
the . . . . . of the said decree and costs still remaining unsatisifed.
+ou are further commanded to retrun this warrant on or efore the . . . . . . . . . da! of . . . . $,. . . ; with an
endorsement certif!ing the manner in which it has een executed; or the reason wh! it has not een
executed.
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 . . . . . . . . . ; !ou
are here! informed . . . . . . . . . that the . . . . . . . . . da! of . . . . . . . . $,. . . . ; has een affixed for setting the
terms 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 defendant
I*otice is here! given that; under rule 24 of 6rder 55( of the Code of Civil &rocedure; $,<%; an order has
een passed ! this Court for the sale of the attached propert! mentioned in the annexed schedule; in
satisfaction of the claim of the decree#holder in the suit >$? mentioned in the margin; amounting with costs
and 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 those
specified in the schedule against each lot.
(n the asence of an! order of postponement; the sale will e held ! . . . . . . . . . at the monthl! sale
commencing 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 will
e stopped.
At the sale the pulic generall! are invited to id; either personall! or ! dul! authoriCed agent. *o id !; or
on ehalf of; the Gudgment#creditors aove#mentioned; however; will e accepted; nor will an! sale to them
e 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 the
Court; 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 the
sale. (n the event of an! dispute arising as to the amount id; or as to the idder; the lot shall at once e
again 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 decline
acceptance of the highest id when the price offered appears so clearl! inadeDuate as to maFe it advisale
to do so.
4. :or reasons recorded; it shall e in the discretion of the officer conducting the sale to adGourn it suGect
alwa!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 as
the officer holding the sale directs; and in default of pa!ment the propert! shall forthwith e again put up and
re#sold.
2. (n the case of immovale propert!; the person declared to e the purchaser shall pa! immediatel! after
such declaration a deposit of 9. per cent. on the amount of his purchaser#mone! to the officer conducting the
sale; 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 the
fifteenth da! after the sale of the propert!; exclusive of such da!; or if the fifteenth da! e a Sunda! or other
holida!; 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 the
propert! or to an! part of the sum for which it ma! e suseDuentl! sold.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,. . . .
Judge.
Schedule of &ropert!
*umer of lot
7escription of propert! to e sold; with the name of each owner where there are more Gudgment#detors than
one
0he revenue assessed upon the estate or part of the estate; if the propert! to e sold is an interest in estate
or a part of an estate pa!ing revenue to 1overnment
7etail of an! encumrances to which the propert! is liale
Claims; if an!; which have een put forward to the propert! and an! other Fnown particular earing on its
nature and value
@4%$A@0he value of the propert! as state ! the decree holder
0he value of the propert! as stated ! the Gudgment#detorA
*o. -<
6rder on the *aCir for Causing Service of &roclamation of Sale
>6. 9$; R. 22?
>0itle?
0o
0he *aCir of the Court.
Whereas an order has een made for the sale of the propert! of the Gudgment#detor specified in the
schedule hereunder annexed; and whereas the . . . . . . . da! of . .. . . . . $,. . .; has een fixed for the sale of
the said propert!; . . . . copies of the proclamation of sale are ! this warrant made over to !ou; and !ou are
here! ordered to have the proclamation pulished ! eat of drum within each of the properties specified in
the said schedule; to affix a cop! of the said proclamation on a conspicuous part of each of the said
properties 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; in
conseDuence of default on the part of. . . . . . . . . . . . .; purchase; there was a deficienc! in the price of the
said 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 suit
of . . . . . . . . . now in !our possession; !ou are here! prohiited from delivering possession of the said . . . . .
. . . . to an! person except the said . . . . . . . . .
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $, . . .;
Judge.
*o. --
&rohiitor! 6rder against &a!ment of 7ets Sold in Execution to an!
6ther than the &urchaser
>6. 9$; R. 3,?
>0itle?
0o
and to . . . . . . . . .
Whereas . . . . . . . . . has ecome the purchaser at a pulic sale in execution of the decree in the aove suit
of . . . . . . . . . eing dets due from !ou . . . . . . . . . to !ou . . . . . . . . . ; (t is ordered that !ou . . . . . . . . . e;
and !ou are here!; prohiited from receiving; and !ou . . . . . . . . . from maFing pa!ment of; the said det to
an! person of or person except the said . . . . . . .
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,. . . .
Judge.
*o. -4
&rohiitor! 6rder against the 0ransfer of Share Sold in Execution
>6. 9$; 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 suit;
of 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! dividends
thereon; and !ou . . . . . . . . . ; Secretar! of the said Corporation; from permitting an! such transfer or maFing
an! such pa!ment to an! person except the said . . . . . . . . . ; the purchaser aforesaid.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $, . . . ;
Judge.
*o. -.
Certificate to Judgment#detor Authorising him to )ortgage 'ease or Sell &ropert!
>6. 9$; 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 . . . . . . . . . ; and
whereas the Court has; on the application of the said Gudgment#detor; postponed the said sale to enale him
to raise the amount of the decree ! mortgage; lease or private sale of the said propert! or of some part
thereof"
0his is to certif! that the Court doth here! authoriCe the said Gudgment#detor to maFe the proposed
mortgage; 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.
7escription of propert!
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,. . . .
Judge.
*o. -2
*otice to Show Cause Wh! Sale should not e Set Aside
>6. 9$; R. ,<; ,9?
>0itle?
0o
Whereas the under#mentioned propert! was sold on the . . . . . . da! of . . . . . . . . . $, . . .; in execution of the
decree passed in the aovenamed suit; and whereas . . . . . . . . . ; the decree#holder @or Gudgement#detorA;
has applied to this Court to set aside the sale of the said propert! on the ground of a material irregularit! @or
fraudA in pulishing @or conductingA the sale; namel!; that . . . . . . . . .
0aFe notice that if !ou have an! cause to show wh! the said application should not e granted; !ou should
appear with !our proofs in this Court on the . . . . . . . . . da! of . . . . . . . . . $, . . .; when the said application
will e heard and determined.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $, . . .
7escription of propert!
Judge.
*o. -3
*otice to Show Cause Wh! Sale should not e Set Aside
>6. 9$; 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 the
sale of the said propert! on the ground that . . . . . . . . . ; the Gudgment#detor; had no saleale interest
therein.
0aFe notice that if !ou have an! cause; to show wh! the said application should not e granted; !ou should
appear with !our proofs in this Court on the . . . . . . . . . da! of . . . . . . . . . $, . . . .; when the said application
will e heard and determiend.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $, . . .
7escription of propert!
Judge.
*o. -%
Certificate of Sale of 'and
>6. 9$; 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.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,. . . .
Judge.
*o. -,
6rder for 7eliver! to Certified &urchaser of 'and at a Sale in Execution
>6. 9$; R. ,.?
>0itle?
0o
0he =ailiff of the Court;
Whereas . . . . . . . . . . . . . . . . . . has ecome the certified purchaser . . . . . . . of . . . . . . . at a sale in
execution of decree in Suit *o. . . . . . . . . . of . . . . . . . . . $, . . . ; +ou are here! ordered to put the
said . . . . . . . . . ; the certified purchaser; as aforesaid; in possession of the same.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,. . .
Judge.
*o. 4<
Summons to Appear and Answer Charge of 6structing Execution of 7ecree
>6. 9$; R. ,3?
>0itle?
0o
Whereas . . . . . . . . . . . . . . . . . . the decree#holder in the aove suit; has complained to this Court that !ou
have 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.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,. . .
Judge.
*o. 4$
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; and
whereas the Court is satisfied that . . . . . . . . . without an! Gust cause resisted @or ostructedA and is still
resisting @or ostructingA the said . . . . . . . . . in otaining possession of the propert!; and whereas the
said . . . . . . . . . . . . has made application to this Court that he said . . . . . . . . . e committed to the civil
prison;
+ou are here! commanded and reDuired to taFe and receive the said . . . . . . . . . into the civil prison and to
Feep him imprisoned therein for the period of . . . . . . . . . da!s.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $, . . .
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 of
the decree in this suit of . . . . . . . . . . . . . . . . . . land situate within !our district is oGectionale; ( have the
honour to inform !ou that !ou are authorised to maFe provision for the satisfaction of the said deree in the
manner 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
0he =ailiff of the Court.
Whereas . . . . . . . . . ; the plaintiff in the aove suit; claims the sum of Rs. . . . . . . . . . as noted in the margin;
and has proved to the satisfaction of the Court that there is proale cause for elieving that the defendant is
aout 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 forthwith
delivered to !ou ! or on ehalf of the said . . . . . . . . . to taFe the said . . . . . . . . . into custod!; and to ring
him efore this Court in order that he ma! show cause wh! he should not furnish securit! to the amount of
Rs . . . . . . . . . for his personal appearance efore the Court; until such time as the said suit shall e full! and
finall! disposed of; and until satisfaction of an! decree that ma! e passed against him in the suit.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,. . .
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 and
rought efore the Court;
And whereas on the failure of the said defendant to show cause wh! he should not furnish securit! for his
appearance; the Court has ordered him to furnish such securit!"
0herefore ( . . . . . . . . . . . . have voluntaril! ecome suret! and do here! ind m!self; m! heirs and
executors; to the said Court; that the said defendant shall appear at an! time when called upon while the suit
is pending and until satisfaction of an! decree that ma! e passed against him in the said suit; and in default
of 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 in
the 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.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,. . .
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 the
appearance of . . . . . . . . . ; the defendant; to answer an! Gudgment that ma! e passed against him in the
suit; and whereas the Court has called upon the defendant to furnish such securit!; or to offer a sufficient
deposit in lieu of securit!; which he had failed to do; it is ordered that the said defendant . . . . . . . . . e
committed to the civil prison until the decision of the suit; or; if Gudgment e pronounced against him; until
satisfaction of the decree.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,. . . .
Judge
*o. .
Attachment efore Judgment; with 6rder to Call for Securit! for
:ulfilment of 7ecree
>6. -%; R. .?
>0itle?
0o
0he =ailiff of the Court.
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 place
at the disposal of this Court when reDuired . . . . . . . . . for the value thereof; or such portion of the value as
ma! e sufficient to satisf! an! decree that ma! e passed against him; or to appear and show cause wh! he
should not furnish securit!; and !ou are further ordered to attach the said . . . . . . . . . and Feep the same
under safe and secure custod! until the further order of the Court; and !ou are further commanded to retun
this warrant on or efore the . . . . . . . . . da! of . . . . . . . . . $,. . . ; with an endorsement certif!ing the date on
which and the manner in which it has een executed; or the reason wh! it has not een executed.
1iven under m! hand and the seal of the Court; this . . . . . . . . . da! of . . . . . . . . . $,. . .
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 een
directed ! the Court to furnish securit! in the sum of Rs. . . . . . . . . . to produce and place at the disposal of
the Court the propert! specified in the schedule hereunto annexed;
0herefore ( . . . . . . . . . have voluntaril! ecome suret! and do here! ind m!self; m! heirs and executors; to
the said Court; that the said defendant shall produce and place at the disposal of the court; when reDuired;
t