Bare Act · Forms · As on 10 January 2026
CPC Appendices A to I — The Forms
Pleadings, process, discovery, decrees, execution, supplemental proceedings, appeals and the Statement of Truth
Every form prescribed by the Code, reproduced verbatim — plaints and written statements, summonses and warrants, interrogatories, decrees, execution applications, bonds and the Statement of Truth. These are the forms the Code itself prescribes, and they are rarely published in full anywhere else.
The Code in six parts
Appendices A–I ← you are here
Arrangement of Sections and Orders
The complete official arrangement. Every section and every rule links to its text.
Appendix C. Discovery, Inspection and Admission
Appendix F. Supplemental Proceedings
Appendix G. Appeal, Reference and Review
Appendix I. Statement of Truth
THE SECOND SCHEDULE. — [Repealed].
THE THIRD SCHEDULE. —[Repealed].
THE FOURTH SCHEDULE. — [Repealed].
THE FIFTH SCHEDULE. — [Repealed].
The text
APPENDIX A
PLEADINGS
(1) Titles of Suits
IN THE COURT OF . ............................................................................................... A.B. (add description and residence)..................................................................................... Plaintiff
against
C.D. (add description and residence) .................................................................................... Defendant
(2) Description of parties in particular Cases
1[The Union of India or the State of…………………….., as the case may be.]
__________________
The Advocate General of
The Collector of
The State of __________________
The A. B. Company, Limited having its registered office at
A. B., a public officer of the C. D. Company.
____________________
A. B. (add description and residence), on behalf of himself and all other creditors of C. D. late of
(add description and residence)
_________________
A. B. (add description and residence), on behalf of himself and all other holders of debentures
issued by the Company limited.
_________________
The Official Receiver.
A. B. a minor (add description and residence),by C. D. [or by the Court of Wards], his next friend.
A. B. (add description and residence), a person of unsound mind [or of weak
mind], by. C. D. his next friend.
A. B. a firm carrying on business in partnership at
A. (add description and residence), by his constituted attorney C. D. (add description and
residence).
A. B. (add description and residence), Shebait of Thakur.
A. B. (add description and residence), executor of C. D. deceased.
A. B. (add description and residence), heir of C. D. deceased.
(3) Plaints
No. 1 MONEY LENT
(Title)
A. B., the above named plaintiff, states as follows:—
1. On the………………………………day of………..20……………., he lent the defendant
……..rupees repayable on the………………………day of…………………………………..
2. The defendant has not paid the same, except…………..rupees paid on the……….day
of…………20…………..
[If the plaintiff claims exemption from any law of limitation, say:—]
3. The plaintiff was a minor [or insane] from the…………………..day of…………………… till
the…………….day of………………….. .
4. [Facts showing when the cause of action arose and that the Court has jurisdiction.]
5. The Value of the subject-matter of the suit for the purpose of jurisdiction is …….rupees and for
the purpose of court-fees is………….rupees.
6. The plaintiff claims…………rupees, with interest at………………per cent. from the……day of
…….20………….
No. 2
MONEY OVERPAID
(Title)
A. B., the above named plaintiff, states as follows:—
1. On the………………day of………….…20……, the plaintiff agreed to buy and the defendant agreed to sell…………..bars of silver at…………annas per tola of fine silver.
2. The plaintiff procured the said bars to be assayed by E.F. who was paid by the defendant for such assay, and E.F. declared each of the bars to contain 1,500 tolas of fine silver, and the plaintiff accordingly the defendant…………. rupees.
3. Each of the said bars contained only 1,200 tolas of fine silver, of which fact the plaintiff was ignorant when he made the payment.
4. The defendant has not repaid the sum so overpaid.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 3
GOODS SOLD AT A FIXED PRICE AND DELIVERED
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the………………day of…………20……., E.F. sold and delivered to the defendant [one hundred barrels of flour, or the goods mentioned in the schedule hereto annexed, or sundry goods.]
2. The defendant promised to pay………….. rupees for the said goods on delivery [or on the……… day of………….some day before the plaint was filed].
3. He has not paid the same.
4. E.F. died on the……………day of.....20………By his last will he appointed his brother, the plaintiff, his executor.
[As in paras. 4 and 5 of Form No. 1,]
7. The plaintiff as executor of E.F. claims [Relief claimed].
No. 4
GOODS SOLD AT A REASONABLE PRICE AND DELIVERED
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the…………..day of…………..……20………, plaintiff sold and delivered to the defendant [sundry articles of house-furniture], but no express agreement was made as to the price.
2. The goods were reasonably worth …………..rupees.
3. The defendant has not paid the money.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 5
GOODS MADE AT DEFENDANT’S REQUEST, AND NOT ACCEPTED
(Title)
A. B., the above named plaintiff, states as follows:—
1. On the………….day of…………..…….…20……..…….., E.F. agreed with the plaintiff that the plaintiff should make for him [six tables and fifty chairs] and that E.F. should pay for the goods on delivery………. rupees.
2. The plaintiff made the goods, and on the…………….day of……………20………. , offered to deliver them to E.F., and has ever since been ready and willing so to do.
3. E.F. has not accepted the goods or paid for them.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 6
DEFICIENCY UPON A RE-SALE [GOODS SOLD AT AUCTION]
(Title)
A. B., the above named plaintiff, states as follows:—
1. On the………….day of………….…20……….., the plaintiff put up at auction sundry [goods], subject to the condition that all goods not paid for and removed by the purchaser within [ten days] after the sale should be re-sold by auction on his account, of which condition the defendant had notice.
2. The defendant purchased [one crate of crockery] at the auction at the price of…… rupees.
3. The plaintiff was ready and willing to deliver the goods to the defendant on the date of the sale and for [ten days] after.
4. The defenant did not take away the goods purchased by him, nor pay for them within [ten days] after the sale, nor afterwards.
5. On the……………day of…………20……, the plaintiff re-sold the [crate of crockery], on account of the defendant, by public auction, for………..rupees.
6. The expenses attendant upon such re-sale amounted to……..rupees.
7. The defendant has not paid the deficiency thus arising, amounting to rupees.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 7
SERVICES AT A REASONABLE RATE
(Title)
A. B., the above named plaintiff, states as follows:—
1. Between the……………. day of…………….……20………. , and the……… day of………… ……20……at……………, plaintiff [executed sundry drawings, designs and diagrams] for the defendant, at his request; but no express agreement was made as to the sum to be paid for such services.
2. The services were reasonably worth………rupees.
3. The defendant has not paid the money.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 8
SERVICES AND MATERIALS AT A REASONABLE COST
(Title)
A.B., the above named plaintiff, states as follows:—
1. On the……………day of……………..…20………, at……………. the plaintiff built a house [known as No. ………………, in…..], and furnished the materials therefor, for the defendant, at his request, but no express agreement was made as to the amount to be paid for such work and materials.
2. The work done and materials supplied were reasonably worth…… rupees.
3. The defendant has not paid the money.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 9
USE AND OCCUPATION
(Title)
A. B., the above-named plaintiff, executor of the will of X.Y., deceased, states as follows:—
1. That the defendant occupied the [house No……....,……....…..Street], by permission of the said X.Y., from the…….day of………………..…20…............. , until the day of……………20.…., and no agreement was made as to payment for the use of the said premises.
2. That the use of the said premises for the said period was reasonably worth……………..rupees.
3. The defendant has not paid the money.
[As in paras. 4 and 5 of Form No. I.]
4. The plaintiff as executor of X.Y., claims [Relief claimed.]
No. 10 ON AN AWARD
(Title)
A.B., the above-named plaintiff, states as follows:—
1. On the…….day of……….…20…, the plaintiff and defendant, having a difference between them concerning [a demand of the plaintiff for the price of ten barrels of oil which the defendant refused to pay]; agreed in writing to submit the difference to the arbitration of E.F. and G.H. and the original document is annexed hereto.
2. On the…………. ….day of……………………20….., the arbitrators awarded that the defendant should [pay the plaintiff rupees].
3. The defendant has not paid the money.
[As in paras. 4 and 5 of Form No. 1 and Relief claimed.]
No. 11
ON A FOREIGN JUDGMENT
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the…………day of…………20……., at…….in the State [or Kingdom] of….., the….. Court of that State [or Kingdom,] in a suit therein pending between the plaintiff and the defendant, duly adjudged that the defendant should pay to the plaintiff…………………………rupees, with interest from the said date.
2. The defendant has not paid the money.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 12
AGAINST SURETY FOR PAYMENT OF RENT
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the………..day of……………20..., E. F. hired from the plaintiff for the term of……..years, the [house No……………., ………………street], at the annual rent of………rupees, payable [monthly].
2. The defendant agreed, in consideration of the letting of the premises to E.F. to gurantee the punctual payment of the rent.
3. The rent for the month of ……….20……….., amounting to………………………..rupees, has not been paid.
[If, by the terms of the agreement, notice is required to be given to the surety, add:—]
4. On the………………….day of………….. 20…….., the plaintiff gave notice to the defendant of the non-payment of the rent, and demanded payment thereof.
5. The defendant has not paid the same.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 13
BREACH OF AGREEMENT TO PURCHASE LAND
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the…………….day of………20…..., the plaintiff and defendant entered into an agreement, and the Original document is hereto annexed.
[Or, on the…………day of………………20…….., the plaintiff and defendant mutually agreed that the plaintiff should sell to the defendant and that the defendant should purchase from the plaintiff forty bighas of land in the village of……….for……. rupees.]
2. On the…………. day of………….……20..….., the plaintiff, being then the absolute owner of the property [and the same being free from all incumbrances, as was made to appear to the defendant], tendered to the defendant a sufficient instrument of transfer of the same [or, was ready and willing, and is still ready and willing, and offered, to transfer the same to the defendant by a sufficient instrument] on the payment by the defendant of the money agreed upon.
3. The defendant has not paid the money.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 14
NOT DELIVERING GOODS SOLD
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the……………day of…………20….., the plaintiff and defendant mutually agreed that the defendant should deliver [one hundred barrels of flour] to the plaintiff on the…………..day of……........…20..…..., and that the plaintiff should pay there for…….. ….rupees on delivery.
2. On the [said] day the plaintiff was ready and willing, and offered, to pay the defendant the said sum upon delivery of the goods.
3. The defendant has not delivered the goods, and the plaintiff has been deprived of the profits which would have accrued to him from such delivery.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 15
WRONGFUL DISMISSAL
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the……………day of…………20...….., the plaintiff and defendant mutually agreed that the plaintiff should serve the defendant as [an accountant, or in the capacity of foreman, or as the case may be], and that the defendant should employ the plaintiff as such for the term of [one year] and pay him for his services………rupees [monthly].
2. On the………….. day of……….……20..…..., the plaintiff entered upon the service of the defendant and has ever since been, and still is, ready and willing to continue in such service during the remainder of the said year whereof the defendant always has had notice.
3. On the…….day of………..……20...….., the defendant wrongfully discharged the plaintiff, and refused to permit him to serve as aforesaid, or to pay him for his services.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 16
BREACH OF CONTRACT TO SERVE
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the………day of……….……20……, the plaintiff and defendant mutually agreed that the plaintiff should employ the defendant at as [annual] salary of…..rupees, and that the defendant should serve the plaintiff as [an artist] for the term of [one year].
2. The plaintiff has always been ready and willing to perform his part of the agreement [and on the day of…….…….20…..…., offered so to do].
3. The defendant (entered upon) the service of the plaintiff on the above-mentioned day, but afterwards, on the……….day of……….……20..……, he refused to serve the plaintiff as aforesaid.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 17
AGAINST A BUILDER FOR DEFECTIVE WORKMANSHIP
(Title)
A. B. the above-named plaintiff, states as follows:—
1. On the………….day of……….……20….., the plaintiff and defendant entered into an agreement, and the original document is hereto annexed. [Or state the tenor of the contract.]
[2. The plaintiff duly performed all the conditions of the agreement on his part.]
3. The defendant [built the house referred to in the agreement in a bad and unworkman like manner].
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 18
ON A BOND FOR THE FIDELITY OF A CLERK
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the………day of……..……20…......... , the plaintiff took E.F. into his employment as a clerk.
2. In consideration thereof, on the………day of…….……20………, the defendant agreed with plaintiff that if E.F. should not faithfully perform his duties as a clerk to the plaintiff, or should fail to account to the plaintiff for all monies, evidences of debt or other property received by him for the use of the plaintiff, the defendant would pay to the plaintiff whatever loss he might sustain by reason thereof, not exceeding………..rupees.
[Or, 2. In consideration thereof, the defendant by his bond of the same date bound himself to pay the plaintiff the penal sum of………rupees, subjects to the condition that if E.F. should faithfully perform his duties as clerk and cashier to the plaintiff and should justly account to the plaintiff for all monies, evidences of debt or other property which should be at any time held by him in trust for the plaintiff, the bond should be void.]
[Or, 2. In consideration thereof, on the same date the defendant executed a bond in favour of the plaintiff, and the original document is hereto annexed.]
3. Between the………..day of………..…20...….., and the…………………..day of ………20......, E.F. received money and other property, 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 5 of Form No. 1, and Relief claimed.]
No. 19
BY TENANT AGAINST LANDLORD, WITH SPECIAL DAMAGE
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the……day of………20..…., the defendant, by a registered instrument, let to the plaintiff [the house No……..Street] for the term of……..years, contracting with the plaintiff, that he, the plaintiff, and his legal representatives should quietly enjoy possession thereof for the said term.
2. All conditions were fulfilled and all things happened necessary to entitle the plaintiff to maintain this suit.
3. On the…………day of………….20...…., during the said term, E.F. who was the lawful owner of the said house, lawfully evicted the plaintiff therefrom, and still withholds the possession thereof from him.
4. The plaintiff was thereby [prevented from continuing the business of a tailor at the said place, was compelled to expend……..rupees in moving, and lost the custom of G.H. and I.J. by such removal].
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 20
ON AN AGREEMENT OF INDEMNITY
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the..............day of.......................20.….., the plaintiff and defendant, being partners in trade under the style of A. B. and C.D., dissolved the partnership, and mutually agreed that the defendant should take and keep all the partnership property, pay all debts of the firm and indemnify the plaintiff against all claims that might be made upon him on account of any indebtedness of the firm.
2. The plaintiff duly performed all the conditions of the agreement on his part.
3. On the.............. day of.....................20....….., [a judgment was recovered against the plaintiff and defendant by E.F., in the High Court of Judicature at......., upon a debt due from the firm to E.F., and on the day of.................20.….,] the plaintiff paid.........rupees [in satisfaction of the same].
4. The defendant has not paid the same to the plaintiff.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 21
PROCURING PROPERTY BY FRAUD
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the ............... day of ........... .......20.…., 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 liabilities].
2. The plaintiff was thereby induced to sell [and deliver] to the defendant, [dry goods] of the value of ........................ rupees.
3. The said representations were false [or state the particular falsehoods] and were then known by the defendant to be so.
4. The defendant has not paid for the goods, [Or, if the goods were not delivered.] The plaintiff, in preparing and shipping the goods and procuring their restoration, expended..............rupees.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 22
FRAUDULENTLY PROCURING CREDIT TO BE GIVEN TO ANOTHER PERSON
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the..........day of.................20.....…., the defendant, represented to the plaintiff that E.F., was solvent and in good credit, and worth................rupees over all his liabilities [or that E.F., then held a responsible situation and was in good circumstances, and might safely be trusted with goods on credit].
2. The plaintiff was thereby induced to sell to E.F., (rice) of the value of........ rupees [on.........months credit].
3. The said representations were false and were then known by the defendant to be so, and were made by him with intent to deceive and defraud the plaintiff [or to deceive and injure the plaintiff].
4. E.F., [did not pay for the said goods at the expiration of the credit aforesaid, or] has not paid for the said rice, and the plaintiff has wholly lost the same.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 23
POLLUTING THE WATER UNDER THE PLAINTIFF’S LAND
(Title)
A. B., the above-named plaintiff, states as follows:—
1. The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands called..........and situate in...........and of a well therein, and of water in the well, and was entitled to the use and benefit 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 supply the same to flow or run without being fouled or polluted.
2. On the........... day of ............20.........., the defendant wrongfully fouled and polluted the well and the water therein and the springs and streams of water which flowed into the well.
3. In consequence the water in the well became impure and unfit for domestic and other necessary purposes, and the plaintiff and his family are deprived of the use and benefit of the well and water.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 24
CARRYING ON A NOXIOUS MANUFACTURE
(Title)
A. B., the above-named plaintiff, states as follows:—
1. The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands called..........situate in...................
2. Ever since the.................. day of....................20....., the defendant has wrongfully caused to issue from certain smelting works carried on by the defendant large quantities of offensive and unwholesome smoke 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.
3. Thereby the trees, hedges, herbage and crops of the plaintiff growing on the lands were damaged and deteriorated in value, and the cattle and live-stocks of the plaintiff on the lands became unhealthy, and many of them were poisoned and died.
4. The plaintiff was unable to graze the lands with cattle and sheep as he otherwise might have done, and was obliged to remove his cattle, sheep and farming stock therefrom, and has been prevented from having so beneficial and healthy a use and occupation of the lands as he otherwise would have had.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 25
OBSTRUCTING A RIGHT OF WAY
(Title)
A. B., the above-named plaintiff, states as follows:—
1. The plaintiff is, and at the time hereinafter mentioned was, possessed of [a house in the village of ................ ].
2. He was entitled to a right of way from the [house] over a certain field to a public highway and back again from the highway over the field to the house, for himself and his servants [with vehicles, or on foot] at all times of the year.
3. On the................day of.......................20.........., defendant wrongfully obstructed the said way, so that the plaintiff could not pass [with vehicles, or on foot, or in any manner] along the way [and has ever since wrongfully obstructed the same].
4. (State special damage, if any).
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 26
OBSTRUCTING A HIGHWAY
(Title)
1. The defendant wrongfully dug a trench and heaped up earth and stones in the public highway leading from.................. to......... so as to obstruct it.
2. Thereby the plaintiff, while lawfully passing along the said highway, fell over the said earth and stones, [or into the said trench] and broke his arm, and suffered great pain, and was prevented from attending to his business for a long time, and incurred expense for medical attendance.
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
No. 27
DIVERTING A WATER-COURSE
(Title)
A. B., the above-named plaintiff, states as follows:—
1. The plaintiff is, and at the time hereinafter mentioned was, possessed of a mill situated on a [stream] known as the......... , in the village of........... , district of..........
2. By reason of such possession the plaintiff was entitled to the flow of the stream for working the mill.
3. On the....................... day of................20......, the defendant, by cutting the bank of the stream, wrongfully diverted the water thereof, so that less water ran into the plaintiff’s mill.
4. By reason thereof the plaintiff has been unable to grind more than....... sacks per day, whereas, before the said diversion of water, he was able to grind......sacks per day.
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
No. 28
OBSTRUCTING A RIGHT TO USE WATER FOR IRRIGATION
(Title)
A. B., the above-named plaintiff, states as follows:—
1. The plaintiff is, and was at the times hereinafter mentioned was, possessed of certain lands situate, etc., and entitled to take and use a portion of the water of a certain stream for irrigating the said lands.
2. On the.................day of.......................20.........., the defendant prevented the plaintiff from taking and using the said portion of the said water as aforesaid, by wrongfully obstructing and diverting the said stream.
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
No. 29
INJURIES CAUSED BY NEGLIGENCE ON A RAILROAD
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the ............ day of.............20........., the defendants were common carriers of passengers by railway between ....... ...... and ...................
2. On that day the plaintiff was a passenger in one of the carriages of the defendants on the said railway.
3. While he was such passenger, at............... [or near the station of................. or between the stations of ................... and .................. ], a collision occurred on the said railway caused by the negligence and unskill, fulness of the defendants’ servants, whereby the plaintiff was much injured [having his leg broken, his head cut, etc., and state the special damage, if any, as], and incurred expense for medical attendance and is permanently disabled from carrying on his former business as [a salesman].
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
[Or thus:—2. On that day the defendants by their servants so negligently and unskillfully drove and managed an engine and a train of carriages attached thereto upon and along the defendant’s railway which the plaintiff was then lawfully crossing that the said engine and train were driven and struck against the plaintiff, whereby, etc., as in para. 3].
No. 30
INJURIES CAUSED IN NEGLIGENT DRIVING
(Title)
A. B., the above-named plaintiff, states as follows:—
1. The plaintiff is a shoemaker, carrying on business at …………The defendant is a merchant of ……………………
2. On the …………. day of …………………20………, the plaintiff was walking southward along Chowringhee, in the City of Calcutta, at about 3 o’clock in the afternoon. He was obliged to cross Middleton Street, which is a street running into Chowringhee at right angles. While he was crossing this street, and just before he could reach the foot pavement on the further side thereof, a carriage of the defendant’s, drawn by two horses under the charge and control of the defendant’s servants, was negligently, suddenly and without any warning turned at a rapid and dangerous pace out of Middleton Street into Chowringhee. The pole of the carriage struck the plaintiff and knocked him down, and he was much trampled by the horses.
3. By the blow and fall and trampling the plaintiff’s left arm was broken and he was bruised and injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for four months ill and in suffering, and unable to attend to his business, and incurred heavy medical and other expenses, and sustained great loss of business and profits.
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
No. 31
FOR MALICIOUS PROSECUTION
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the ………….. day of ………………..…20.....……, the defendant obtained a warrant of arrest from …….…… [a Magistrate of the said city, or as the case may be] on a charge of …….…, and the plaintiff was arrested thereon, and imprisoned for ……………. [days, or hours, and gave bail in the sum of …………… rupees to obtain his release].
2. In so doing the defendant acted maliciously and without reasonable or probable cause.
3. On the …………….. day of ……………….20……., the Magistrate dismissed the complaint of the defendant and acquitted the plaintiff.
4. Many persons, whose names are unknown to the plaintiff, hearing of the arrest, and supposing the plaintiff to be a criminal, have ceased to do business with him; or in consequence of the said arrest, the plaintiff lost his situation as clerk to one E.F.; or in consequence the plaintiff suffered pain of body and mind, and was prevented transacting his business, and was injured in his credit, and incurred expense in obtaining his release from the said imprisonment and in defending himself against the said complaint.
[As in paras. 4 and 5 of Form No. 1, and relief claimed].
No. 32
MOVABLES WRONGFULLY DETAINED
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the …………….. day of ……………20…...…, plaintiff owned [or state facts showing a right to the possession] the goods mentioned in the schedule hereto annexed [or describe the goods,] the estimated value of which is ………………. rupees.
2. From that day until the commencement of this suit the defendant has detained the same from the plaintiff
3. Before the commencement of the suit, to wit, on the …………….. day of……….20 ……….., the plaintiff demanded the same from the defendant, but he refused to deliver them.
[As in Paras. 4 and 5 of Form No. 1.]
6. The plaintiff claims—
(1) delivery of the said goods, or ........... rupees, in case delivery cannot be had;
(2) .................rupees compensation for the detention thereof.
No. 33
AGAINST A FRAUDULENT PURCHARER AND HIS TRANSFEREE WITH NOTICE
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the …………... day of ….……..……20……., the defendant C.D., 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 liabilities].
2. The plaintiff was thereby induced to sell and deliver to C.D., [one hundred boxes of tea], the estimated value of which is ……………… rupees.
3. The said representations were false, and were then known by C.D. to be so [or at the time of making the said representations, C.D. was insolvent, and knew himself to be so].
4. C.D. afterwards transferred the said goods to the defendant E.F. without consideration [or who had notice of the falsity of the representation].
5. [Facts showing when the cause of action arose and that the Court has jurisdiction.]
6. The value of the subject-matter of the suit for the purpose of jurisdiction is ………….. rupees and for the purpose of court-fees is ………….. rupees.
7. The plaintiff claims—
(1) delivery of the said goods, or ………………. rupees, in case delivery cannot be had;
(2) ……………….. rupees compensation for the detention thereof.
No. 34
RESCISSION OF A CONTRACT ON THE GROUND OF MISTAKE
(Title)
A. B. the above-named plaintiff, states as follows:—
1. On the ……………. day of ………………………20……….., the defendant represented to the plaintiff that a certain piece of ground belonging to the defendant, situated at ……………., contained [ten bighas].
2. The plaintiff was thereby induced to purchase the same at the price of ……………….rupees in the belief that the said representation was true, and signed an agreement, of which the original is hereto annexed. But the land has not been transferred to him.
3. On the …………….. day of ………………………20………, the plaintiff paid the defendant rupees as part of the purchase money.
4. That the said piece of ground contained in fact only [five bighas].
5. [Facts showing when the cause of action arose and that the Court has jurisdiction.]
6. The value of the subject-matter of the suit for the purpose of jurisdiction is.............rupees and for the purpose of court-fees is...................rupees.
7. The plaintiff claims—
(1) ............... rupees, with interest from the ................ day of.................20.......... .
(2) that the said agreement be delivered up and cancelled.
No. 35
AN INJUNCTION RESTRAINING WASTE
(Title)
A. B., the above-named plaintiff states as follows:—
1. The plaintiff is the absolute owner of [describe the property].
2. The defendant is in possession of the same under a lease from the plaintiff.
3. The defendant has [cut down a number of valuable trees, and threatens to cut down many more for the purpose of sale] without the consent of the plaintiff.
4. [Facts showing when the cause of action arose and that the Court has jurisdiction.]
5. The value of the subject-matter of the suit for the purpose of jurisdiction is.......... rupees and for the purpose of court-fees is........... rupees.
6. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further waste on the said premises.
[Pecuniary compensation may also be claimed.]
No. 36
INJUNCTION RESTRAINING NUISANCE
(Title)
A. B., the above-named plaintiff, states as follows:—
1. Plaintiff is, and at all the times hereinafter mentioned was, the absolute owner of [the house No.....................Street, Calcutta].
2. The defendant is, and at all the said times was, the absolute owner of [a plot of ground in the same street................].
3. On the.................. day of...............20.........., the defendant erected upon his said plot a
slaughter-house, and still maintains the same; and from that day until the present time has continually caused
cattle to be brought and killed there [and has caused the blood and offal to be thrown into the street opposite the
said house of the plaintiff].
[4. In consequence the plaintiff has been compelled to abandon the said house, and has been unable to rent
the same.]
5. [Facts showing when the cause of action arose and that the Court has jurisdiction.]
6. The value of the subject-matter of the suit for the purpose of jurisdiction is……………. rupees and for the
purpose of court-fees is...........rupees.
7. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any
further nuisance.
No. 37
PUBLIC NUISANCE
(Title)
A. B., the above-named plaintiff, states as follows:—
1. The defendant has wrongly heaped up earth and stones on a public road known as...............Street at...........so as to obstruct the passage of the public along the same and threatens and intends, unless restrained from so doing, to continue and repeat the said wrongful act.
2[*2. The plaintiff has obtained the leave of the Court for the institution of this suit.] As in paras. 4 and 5 of
Form No. 1]
5. The plaintiff claims—
(1) a declaration that the defendant is not entitled to obstruct the passage of the public along the said road;
(2) an injunction restraining the defendant from obstructing the passage of the public along the said public road and directing the defendant to remove the earth and stones wrongfully heaped up as aforesaid.
No. 38
INJUNCTION AGAINST THE DIVERSION OF A WATER-COURSE
(Title)
A. B., the above-named plaintiff, states as follows:—
[As in form No. 27.]
The plaintiff claims that the defendant be restrained by injunction from diverting the water as aforesaid.
No. 39
RESTORATION OF MOVABLE PROPERTY THREATENED WITH DESTRUCTION AND FOR AN INJUNCTION
(Title)
A. B. the above-named plaintiff, states as follows:—
1. Plaintiff is, and at all times hereinafter mentioned was, the owner of [a portrait of his grandfather
which was executed by an eminent painter], and of which no duplicate exists [or state any facts
showing that the property is of a kind that cannot be replaced by money]. 2. On the.............. day of...............20......, he deposited the same for the safe-keeping with the
defendant. 3. On the............... day of...............20......, he demanded the same from the defendant and offered
to pay all reasonable charges for the storage of the same. 4. The defendant refuses to deliver the same to the plaintiff and threatens to conceal, dispose of, cut
or injure the same if required to deliver it up. 5. No pecuniary compensation would be an adequate compensation to the plaintiff for the loss of the
[painting]. [As in paras. 4 and 5 of Form No. 1. ] 8. The plaintiff claims—
(1) that the defendant be restrained by injunction from disposing of, injuring or concealing the said [painting];
(2) that he be compelled to deliver the same to the plaintiff.
No. 40 INTERPLEADER
(Title)
A. B., the above-named plaintiff, states as follows:—
1. Before the date of the claims hereinafter mentioned G.H. deposited with the plaintiff [describe the property] for [safe-keeping].
2. The defendant C.D. claims the same [under an alleged assignment thereof to him from G.H.].
3. Defendant E. F. also claims the same [under an order of G.H. transferring the same to him.]
4. The plaintiff is ignorant of the respective rights of the defendants.
5. He has no claim upon the said property other than for charges and costs, and is ready and willing to deliver it to such persons as the Court shall direct.
6. The suit is not brought by collusion with either of the defendants. [As in paras. 4 and 5 of Form No. 1.] 9. The plaintiff claims—
(1) that the defendants be restrained, by injunction, from taking any proceedings against the plaintiff in relation thereto;
(2) that they be required to interplead together concerning their claims to the said property;
(3) that some person be authorised to receive the said property pending such litigation;
(4) that upon delivering the same to such [person] the plaintiff be discharged from all liability to either of the defendants in relation thereto.
No. 41
ADMINISTRATION BY CREDITOR ON BEHALF OF HIMSELF AND ALL OTHER CREDITORS
(Title)
A. B., the above-named plaintiff, states as follows:—
1. E.F. late of................. , was at the time of his death, and his estate still is, indebted to the plaintiff in the sum of....................... [here insert nature of debt and security, if any].
2. E.F. died on or about the........................... day of.......................By his last will, dated the........... day of.............he appointed C.D. his executor [or devised his estate in trust, etc., or died intestate, as the case may be].
3. The will was proved by C.D. [or letters of administration were granted, etc.].
4. The defendant has possessed himself of the movable [and immovable, or the proceeds of the immovable] property of E.F. and has not paid the plaintiff his debt. [As in paras. 4 and 5 of Form No. 1.]
7. The plaintiff claims that an account may be taken of the movable [and immovable] property of E.F., deceased, and that the same may be administered under the decree of the Court.
No. 42
ADMINISTRATION BY SPECIFIC LEGATEE
(Title)
[Alter Form No. 41 thus]
[Omit paragraph 1 and commence paragraph 2] E.F., late of .... , died on or about the.......................... day of ...................... By his last will, dated the ................... day of........ he appointed C.D., his executor, and bequeathed to the plaintiff [here state the specific legacy]. For paragraph 4 substitute—
The defendant is in possession of the movable property of E.F., and, amongst other things, of the said [here name the subject of the specific bequest].
For the commencement of paragraph 7 substitute—
The plaintiff claims that the defendant may be ordered to deliver to him the said [here name the subject of the specific bequest], or that, etc.
No. 43
ADMINISTRATION BY PECUNIARY LEGATEE
(Title)
[Alter Form No. 41 thus]
[Omit paragraph 1 and substitute for paragraph 2] E.F. late of.......... ........................, died on or about the .............. day of ............................................... By his last will, dated the...........................................day of...................... he appointed C.D. his executor, and bequeathed to the plaintiff a legacy of............
rupees.
In paragraph 4 substitute “legacy” for “debt”
Another form
(Title)
E. F. the above-named plaintiff, states as follows:—
1. A. B. of K, in the…………………died on the……………. day of….………….……by his last will, dated the........... day of............... he appointed the defendant and M.N. [who died in the testator’s lifetime] his executors, and bequeathed his property, whether movable or immovable, to his executors in trust, to pay 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 twenty-one, or a daughter who should attain that age or marry, upon trust as to his immovable property for the person who would be the testator's heir-at-law, and as to his movable property for the persons who would be the testator’s next-of-kin if he had died intestate at the time of the death of the plaintiff and such failure of his issue as aforesaid.
2. The will was proved by the defendant on the...............................day of........................The plaintiff has not been married.
3. The testator was at his death entitled to movable and immovable property; the defendant entered into the receipt of the rents of the immovable property and got in the movable property; he has sold some part of the immovable property.
[As in paras. 4 and 5 of Form No. 1.]
6. The plaintiff claims—
(1) to have a movable and immovable property of A. B. administered in this Court, and for that purpose to have all proper directions given and accounts taken;
(2) such further or other relief as the nature of the case may require.
No. 44
EXECUTION OF TRUSTS
(Title)
A. B., the above-named plaintiff, states as follows:—
1. He is one of the trustees under an instrument of settlement bearing date on or about the.................day of............................made upon the marriage of E.F. and G.H. the father and mother of the defendant [or an instrument of transfer of the estate and effects of E.F. for the benefit of C.D. the defendant, and the other creditors of E.F.].
2. A.B. has taken upon himself the burden of the said trust, and is in possession of [or of the proceeds of] the movable and immovable property transferred by the said instrument.
3. C.D. claims to be entitled to a beneficial interest under the instrument.
[As in paras. 4 and 5 of Form No. 1.]
6. The plaintiff is desirous to account for all the rents and profits of the said immovable property [and the proceeds of the sale of the said, or of part of the said, immovable property, or movable, or the proceeds of the sale of, or of part of, the said movable property, or the profits accruing to the plaintiff as such trustee in the execution of the said trust]; and he prays that the Court will take the accounts of the said trust, and also that the whole of the said trust estate may be administered in the Court for the benefit of C.D., the defendant, and all other persons who may be interested in such administration, in the presence of C.D. and such other persons so interested as the Court may direct, or that C.D. may show good cause to the contrary.
[N.B.—Where the suit is by a beneficiary, the plaint may be modeled mutatis mutandis on the plaint by a legatee.]
No. 45
FORECLOSURE OR SALE
(Title)
A. B., the above-named plaintiff, states as follows:—
1. The plaintiff is mortgagee of lands belonging to the defendant.
2. The following are the particulars of the mortgage:—
(a) (date);
(b) (names of mortgagor and mortgagee);
(c) (sum secured);
(d) (rate of interest);
(e) (Property subject to mortgage);
(f) (amount now due);
(g) (if the plaintiff's title is derivative, state shortly the transfers or devolution under which he claims).
(If the plaintiff is mortgagee in possession add)
3. The plaintiff took possession of the mortgaged property on the .........day of........................ and is ready to account as mortgagee in possession from that time.
[As in paras. 4 and 5 of Form No. 1]
6. The plaintiff claims—
(1) payment, or in default [sale or] foreclosure [and possession];
[Where Order 34, rule 6, applies.]
(2) in case the proceeds of the sale are found to be insufficient to pay the amount due to the plaintiff then that liberty be reserved to the plaintiff to apply for 3[an order for the balance].
No. 46 REDEMPTION
(Title)
A. B. the above-named plaintiff, states as follows:—
1. The plaintiff is mortgagor of lands of which the defendant is mortgagee.
2. The following are the particulars of the mortgage:—
(a) (date);
(b) (names of mortgagor and mortgagee);
(c) (sum secured);
(d) (rate of interest); (e) (property subject to mortgage); (f) (If the plaintiff’s title is derivative, state shortly the transfers or devolution under which he
claims).
(If the defendant is mortgagee in possession, add)
3. The defendant has taken possession [or has received the rents] of the mortgaged property.
[As in paras. 4 and 5 of Form No. 1.]
6. The plaintiff claims to redeem the said property and to have the same reconveyed to him [and to have possession thereof.] 4[together with mesne profits.]
No. 47
SPECIFIC PERFORMANCE (No. 1)
(Title)
A. B., the above-named plaintiff, states as follows:—
1. By an agreement dated the........... day of................ and signed by the defendant, he contracted to buy of [or sell to] the plaintiff certain immovable property therein described and deferred to, for the sum of........................ rupees.
2. The plaintiff has applied to the defendant specifically to perform the agreement on his part, but the defendant has not done so.
3. The plaintiff has been and still is ready and willing specifically to perform the agreement on his part of which the defendant has had notice. [As in paras. 4 and 5 of Form No. 1.]
6. The plaintiff claims that the Court will order the defendant specifically to perform the agreement and to do all acts necessary to put the plaintiff in full possession of the said property [or to accept a transfer and possession of the said property] and to pay the costs of the suit.
No. 48
SPECIFIC PERFORMANCE (No. 2)
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the..............day of..............20............, the plaintiff and defendant entered into an agreement, in writing, and the original document is hereto annexed.
The defendant was absolutely entitled to the immovable property described in the agreement.
2. On the...........day of...............20............, the plaintiff tendered……………. rupees to the defendant, and demanded a transfer of the said property by a sufficient instrument.
3. On the..........day of..................20.........., the plaintiff again demanded such transfer. [or the defendant refused to transfer the same to the plaintiff.]
4. The defendant has not executed any instrument of transfer.
5. The plaintiff is still ready and willing to pay the purchase-money of the said property to the defendant.
[As in paras. 4 and 5 of Form No. 1.]
8. The plaintiff claims—
(1) that the defendant transfers the said property to the plaintiff by a sufficient instrument [following the terms of the agreement];
(2)……………. rupees compensation for withholding the same.
No. 49
PARTNERSHIP
(Title)
A.B., the above-named plaintiff, states as follows:—
1. He and C.D., the defendant, have been for......................years [or months] past carrying on business together under articles of partnership in writing [or under a deed, or under a verbal agreement].
2. Several disputes and differences have arisen between the plaintiff and defendant as such partners whereby it has become impossible to carry on the business in partnership with advantage to the partners, [or the defendant has committed the following breaches of the partnership articles:—
(1)
(2)
(3) .]
[As in paras. 4 and 5 of Form No. 1.]
5. The plaintiff claims—
(1) dissolution of the partnership;
(2) that accounts be taken;
(3) that a receiver be appointed. (N.B.—In suits for the winding-up of any partnership, omit the claim for dissolution; and instead insert a
paragraph stating the facts of the partnership having been dissolved).
4. WRITTEN STATEMENTS
General Defences
Denial.—The defendant denies that (set out facts).
The defendant does not admit that (set out facts).
The defendant admits that………………but says that……………
The defendant denies that he is a partner in the defendant firm of……………………
Protest.—The defendant denies that he made the contract alleged or any contract with the plaintiff.
The defendant denies that he contracted with the plaintiff’s alleged or at all.
The defendant admits assets but not the plaintiff’s claim.
The defendant denies that the plaintiff sold to him the goods mentioned in the plaint or any of them.
Limitation.—The suit is barred by article.....................................or article...............of the Second Schedule to the Indian5 Limitation Act, 1877 (15 of 1877).
Jurisdiction.—The Court has no jurisdiction to hear the suit on the ground that (set forth the grounds).
On the ........................................................................................day of ....................... a diamond ring was delivered by the defendant to and accepted by the plaintiff in discharge of the alleged cause of action.
Insolvency.—The defendant has been adjudged an insolvent.
The plaintiff before the institution of the suit was adjudged an insolvent and the right to sue vested in the receiver.
Minority.—The defendant was a minor at the time of making the alleged contract.
Payment into Court.—The defendant as to the whole claim (or as to Rs..........part of the money claimed, or as the case may be) has paid into Court Rs................................and says that this sum is enough to satisfy the plaintiff's claim (or the part aforesaid).
Performance remitted.—The performance of the promise alleged was remitted on the date).
Rescission.—The contract was rescinded by agreement between the plaintiff and defendant.
Res judicata.—The plaintiff's claim is barred by the decree in suit (give the reference).
Estoppel.—The plaintiff is estopped from denying the truth of (insert statement as to which estoppel is claimed) because (here state the facts relied on as creating the estoppel).
Ground of defence subsequent to institution of suit.—Since the institution of the suit, that is to say, on the......................day of..................................set out facts).
No. 1
DEFENCE IN SUITS FOR GOODS SOLD AND DELIVERED
1. The defendant did not order the goods.
2. The goods were not delivered to the defendant.
3. The price was not Rs.
[or]
4. 1.
5. Except as to Rs. , same as 2.
6. 3.
7. the defendant [or A. B., the defendant’s agent] satisfied the claim by payment before suit to the plaintiff [or to C.D., the plaintiff’s agent] on the………………day of…………..20,
8. The defendant satisfied the claim by payment after suit to the plaintiff on the………. day
of…….. 20………
No. 2
DEFENCE IN SUITS ON BONDS
1. The bond is not the defendant’s bond.
2. The defendant made payment to the plaintiff on the day according to the condition of the bond.
3. The defendant made payment to the plaintiff after the day named and before suit of the
principal and interest mentioned in the bond.
No. 3
DEFENCE IN SUITS ON GUARANTEES
1. The principal satisfied the claim by payment before suit.
2. The defendant was released by the plaintiff giving time to the principal debtor in pursuance of a binding agreement.
No. 4
DEFENCE IN ANY SUITS FOR DEBT
1. As to Rs. 200 of the money claimed, the defendant is entitled to set off for goods sold and delivered by the defendant to the plaintiff.
Particulars are as follows: Rs.
1907, January 25th. . . . . . . . . . . . . . . . . . . 150
,, February 1st . . . . . . . . . . . . . . . . . . . . . . . . . 50
Total 200
2. As to the whole [or as to Rs...................... , part of the money claimed] the defendant made tender before suit of Rs.........and has paid the same into Court.
No. 5
DEFENCE IN SUITS FOR INJURIES CAUSED BY NEGLIGENT DRIVING
1. The defendant denies that the carries mentioned in the plaint was the defendant’s carriage, and that it was under the charge or control of the defendant’s servants. The carriage belonged to....................... of.....................Street, Calcutta, livery stable keepers employed by the defendant to supply him with carriages and horses; and the person under whose charge and control the said carriage was, was the servant of the said.
2. The defendant does not admit that the said carriage was turned out of Middleton Street either negligently, suddenly or without warning, or at a rapid or dangerous pace.
3. The defendant says the plaintiff might and could, by the exercise of reasonable care and diligence, have seen the said carriage approaching him, and avoided any collision with it.
4. The defendant does not admit the statements contained in the third paragraph of the plaint.
No. 6
DEFENCE IN ALL SUITS FOR WRONGS
1. Denial of the several acts [or matters] complained of.
No. 7
DEFENCE IN ALL SUITS FOR DETENTION OF GOODS
1. The goods were not the property of the plaintiff.
2. The good were detained for a lien to which the defendant was entitled.
Particulars are as follows:—
1907, May 3rd To carriage of the goods claimed from Delhi to Calcutta:—
45 maunds at Rs. 2 per maund.................Rs. 90.
No. 8
DEFENCE IN SUITS FOR INFRINGEMENT OF COPYRIGHT
1. The plaintiff is not the author [assignee, etc.]
2. The book was not registered.
3. The defendant did not infringe.
No. 9
DEFENCE IN SUITS FOR INFRINGEMENT OF TRADE MARK
1. The trade mark is not the plaintiff’s.
2. The alleged trade mark is not a trade mark.
3. The defendant did not infringe.
No. 10
DEFENCE IN SUITS RELATING TO NUISANCES
1. The plaintiff’s lights are not ancient [or deny his other alleged prescriptive rights.]
2. The plaintiff’s lights will not be materially interfered with by the defendant’s buildings.
3. The defendant denies that he or his servants pollute the water [or do what is complained of].
[If the defendant claims the right by prescription or otherwise to do what is complained of, he must say so, and must state the grounds of the claim, i.e., whether by prescription, grant or what.]
4. The plaintiff has been guilty of laches of which the following are particulars:—
1870. Plaintiff 's mill began to work.
1871. Plaintiff came into possession.
1883. First complaint.
5. As to the plaintiff’s claim for damages the defendant will rely on the above grounds of defence, and says that the acts complain of have not produced any damage to the plaintiff [If other grounds are relied on, they must be stated, e.g., limitation as to past damage.]
No. 11
DEFENCE TO SUIT FOR FORECLOSURE
1. The defendant did not execute the mortgage.
2. The mortgage was not transferred to the plaintiff (if more than one transfer is alleged, say which is denied).
3. The suit is barred by article................................................of the Second Schedule to the 6Indian Limitation Act, 1877 (15 of 1877).
4. The following payment have been made, viz,:—
(Insert date)— Rs. 1,000
(Insert date)— Rs. 500
5. The plaintiff took possession on the .......... ............of ... ..............and has received the rents ever since.
6. The plaintiff released the debt on the ....... ...................of.............................................
7. The defendant transferred all his interest to A. B. by a document dated.
No. 12
DEFENCE TO SUIT FOR REDEMPTION
1. The plaintiff’s right to redeem is barred by article………………….…of the Second Schedule to the 6Indian Limitation Act 1877 (15 of 1877).
2. The plaintiff transferred all interest in the property to A. B.
3. The defendant, by a document dated the....................day of ..............transferred all his interest in the mortgage-debt and property comprised in the mortgage to A.B.
4. The defendant never took possession of the mortgaged property, or received the rents thereof.
(if the defendant admits possession for a time only, he should state the time and deny possession beyond what he admits.)
No. 13
DEFENCE TO SUIT FOR SPECIFIC PERFORMANCE
1. The defendant did not enter into the agreement.
2. A.B. was not the agent of the defendant (if alleged by plaintiff).
3. The plaintiff has not performed the following conditions—(Conditions).
4. The defendant did not—(alleged acts of part performance).
5. The plaintiff’s title to the property agreed to be sold is not such as the defendant is bound to
accept by reason of the following matter—(State why). 6. The agreement is uncertain in the following respects—(State them). 7. (or) The plaintiff has been guilty of delay. 8. (or) The plaintiff has been guilty of fraud (or misrepresentation). 9. (or) The agreement is unfair. 10. (or) The agreement was entered into by mistake. 11. The following are particulars of (7), (8), (9), (10) (or as the case may be). 12. The agreement was rescinded under Conditions of Sale, No. 11 (or by mutual agreement).
(In cases where damages are claimed and the defendant disputes his liability to damages, he must deny the agreement Or the alleged breaches, or show whatever other ground of defence he intends to rely on, e.g., the 7Indian Limitation Act, accord and satisfaction, release, fraud, etc.)
No. 14
DEFENCE IN ADMINISTRATION SUIT BY PECUNIARY LEGATEE
1. A.B.’s will contained a charge of debts; he died insolvent; he was entitled at his death to some immovable property which the defendant sold and which produced the net sum of Rs..................., and the testator had some movable property which the defendant got in, and which produced the net sum of Rs............
2. The defendant applied the whole of the said sums and the sum of Rs....................... ..........which the defendant received from rents of the immovable property in the payment of the funeral and testamentary expenses and some of the debts of the testator.
3. The defendant made up his accounts and sent a copy thereof to the plaintiff on the.................. ..day of...................... 20......... , and offered to plaintiff free access to the vouchers to verify such accounts, but he declined to avail himself of the defendant’s offer.
4. The defendant submits that the plaintiff ought to pay the cost of this suit.
No. 15
PROBATE OF WILL IN SOLEMN FORM
1. The said will and codicil of the deceased were not duly executed according to the provisions of the Indian Succession Act, 18658 (10 of 1865) [or of the Hindu Wills Act, 1870 (21 of 1870)].
2. The deceased at the time the said will and codicil respectively purport to have been executed, was not of sound mind, memory and understanding.
3. The execution of the said will and, codicil was obtained by the undue influence of the plaintiff [and others acting with him whose names are at present unknown to the defendant.]
4. The execution of the said will and codicil was obtained by the fraud of the plaintiff, such fraud so far as is within the defendant’s present knowledge, being [state the nature of the fraud].
5. The deceased at the time of the execution of the said will and codicil did not know and approve the contents thereof [or of the contents of the residuary clause in the said will, as the case may be].
6. The deceased made his true last will, dated the 1st January, 1873, and thereby appointed the defendant sole executor thereof.
The defendant claims—
(1) that the Court will pronounce against the said will and codicil propounded by the plaintiff;
(2) that the Court will decree probate of the will of the deceased, dated the 1st January, 1873, in solemn form of law.
No. 16
PARTICULARS (O. VI, r. 5.)
(Title of suit)
Particulars.—The following are the particulars of (here state the matters in respect of which particulars have been ordered) delivered pursuant to the order of the……………..of…………….
(Here set out the particulars ordered in paragraphs if necessary).
APPENDIX B
PROCESS
No. 1.
SUMMONS FOR DISPOSAL OF SUIT
(O. V, Rr.1, 5.)
(Title)
To
.........................................[Name, description and place of residence.]
WHEREAS ....................................... has instituted a suit against you for you are hereby summoned to appear in this Court in person or by a pleader duly instructed and able to answer all material questions relating to the suit, or who shall be accompanied by some person; able to answer all such questions, on the..........................day of...............20..................,at.........................o’clock in the.................................... noon, to answer the claim; and as the day fixed for your appearance is appointed for the final disposal of the suit, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defence. Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence. GIVEN under my hand and the seal of the Court, this..............day of.................................20……….
Judge.
NOTICE—1. Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both.
No. 2
SUMMONS FOR SETTLEMENT OF ISSUES (O. 5, rr.1, 5.)
(Title)
To
.............................................[Name, description and place of residence.]
WHEREAS.................................................. has instituted a suit against you
for……………………………..you are hereby summoned to appear in this Court in person, or by a pleader duly instructed, and able to answer all material question relating to the suit, or who shall be accompanied by some person able to answer all such questions, on the.........................................................day of……......................20....................., at......................o’clock in the………….................noon, to answer the claim, 9[and further you are hereby directed to file on that day a written statement of your defence and to produce on the said day all documents in your possession or power upon which you base your defence or claim for set-off or counter-claim and where you rely on any other document whether in your possession or power or not, as evidence in support of your defence or claim for set-off or counter-claim, you shall enter such documents in a list to be annexed to the written statement].
Take note that, in default of your appearance on the day before mentioned, the suit will be heard
and determined in your absence.
GIVEN under my hand and the seal of the Court, this .............. day of .................. 20 ...........
Judge.
NOTICE—1. Should you apprehend your witnesses will not attend of their own accord, you can
have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call on the witness to produce, on applying to the Court and on depositing the necessary expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit,
to avoid execution of the decree, which may be against your person or property, or both.
No. 3
SUMMONS TO APPEAR IN PERSON (O. 5, r. 3)
(Title)
To
................................................. [Name, description and place of residence.]
WHEREAS.............................................has instituted a suit against you for...............you are hereby summoned to appear in this Court in person on the….............................. day of ...................... 20........................................at o’clock in the....................................noon, to answer the claim; and you are directed to produce on that day all the documents upon which you intend to rely in support of your defence.
Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence.
GIVEN under my hand and the seal of the Court, this.......................... day of .......... .…..20………
Judge.
10[No. 4
SUMMONS IN A SUMMARY SUIT
(O. 37, r. 2)
(Title)
To
.................................................... [Name, description and place of residence.]
WHEREAS........................... has instituted a suit against you under Order XXXVII of the Code of Civil Procedure, 1908, for Rs.................and interest, you are hereby summoned to cause and appearance to be entered for you, within ten days from the service hereof, in default hereof the plaintiff will be entitled, after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of Rs....................and the sum of Rs..........................for costs, together with such interest, if any, as the Court may order.
If you cause an appearance to be entered for you, the plaintiff will thereafter serve upon you a summons for judgment at the hearing of which you will be entitle to move the Court for leave to defend the suit.
Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is defence to the suit on the merits or that it is reasonable that you should be allowed to defend.
GIVEN under my hand and the seal of the Court, this............................day
of...........................20...........
Judge.]
11[No. 4A
SUMMONS FOR JUDGMENT IN A SUMMARY SUIT
(O. 37, r. 3)
(Title)
…………In the....................Court, at......................Suit No............................of 20…………..XYZ
Plaintiff
Versus
ABC Defendant
Upon reading the affidavit of the plaintiff the Court makes the following order, namely:—
Let all parties concerned attend the Court or Judge, as the case may be, on the .....................day of .................. 20………., at ..........................o’clock in the forenoon on the hearing of the application of the plaintiff that he be at liberty to obtain judgment in this suit against the defendant (or if against one or some or several, insert names) for Rs....................and for interest and costs. Date the ......................day of.................. 20………...]
Judge.
No. 5
NOTICE TO PERSON WHO, THE COURT CONSIDERS, SHOULD BE ADDED AS CO-PLAINTIFF
(O. 1, r. 10)
(Title)
To
................................................[Name, description and place of residence.]
WHEREAS.........................has instituted the suit against.........................for..............................and
whereas it appears necessary that you should be added as a plaintiff in the said suit in order to enable
the Court effectually and completely to adjudicate upon and settle all the questions involved.
Take notice that you should on or before the .................. day of ........................ 20, signify to this Court whether you consent to be so added.
Given under my hand and the seal of the Court, this ................. day of ............ 20……..
Judge.
No. 6
SUMMONS TO LEGAL REPRESENTATIVE OF A DECEASED DEFENDANT
(O. 22, r. 4)
(Title)
To……………………………………..
WHEREAS the plaintiff...........instituted a suit in this Court on the..........................day of..............,20....against the defendant........who has since deceased, and whereas the said plaintiff has made an application to this Court alleging that you are the legal representative of the said,……. deceased, and desiring that you be made the defendant in his stead.
You are hereby summoned to attend in this Court on the………… day of........... ......... ......20......., at …………….A.M. to defend the said suit and, in default of your appearance on the day specified, the said suit will be heard and determined in your absence.
GIVEN under my hand and the seal of the Court this.................. day of .......... 20………
Judge.
No. 7
ORDER FOR TRANSMISSION OF SUMMONS FOR SERVICE IN THE JURISDICTION OF ANOTHER COURT
(O. 5, r. 21)
(Title)
WHEREAS it is stated that .............................................................................................
defendant in the above suit is at present residing in..........................................................
witness
It is ordered that a summons returnable on the day of...........................20......., be forwarded to
the..............Court of for service on the said defendant/witness............ with a duplicate of this
proceeding.
The court-fee of ............. chargeable in respect to the summons has been realised on this Court in stamps.
Dated ........................20 .........
Judge.
No. 8
ORDER FOR TRANSMISSION OF SUMMIONS TO BE SERVED ON A PRISONER
(o. 5, r. 25)
(Title)
To
...........................
...........................
The Superintendent of the Jail at........................................................................................................
............................................. .............................................................................................................
UNDER the provisions of Order V, rule 24, of the Code of Civil Procedure, 1908, a summons in duplicate is herewith forwarded for service on the defendant..................who is...............a prisoner in jail. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you.
Judge.
No. 9
ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PUBLIC SERVANT OR SOLDIER
(O. 5, rr. 27, 28)
(Title)
To
……………….
……………….
Under the provisions of Order V, rule 27 (or 28, as the case may be), of the Code of Civil Procedure, 1908, a summons in duplicate is herewith forwarded for service on the defendant…………….who is stated to be serving under you. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you.
Judge.
No.10
TO ACCOMPANY RETURNS OF SUMMONS OF ANOTHER COURT
(O. 5, r. 23)
(Title)
Read proceeding from the .................. forwarding ................ for service on ................... in Suit No.
...........................of 20 of that Court.
Read Serving Officer’s endorsement stating that the.....................and proof of the above having been duly taken by me on the oath of............................ and.................................it is ordered that the...............be returned to the.............with a copy of this proceeding.
Judge.
NOTE .—This form will be applicable to process other than summons, the service of which may have to be effected in the same manner.
No. 11
AFFIDAVIT OF PROCESS-SERVER TO ACCOMPANY RETURN OF A SUMMONS OR NOTICE
(O. 5, r. 18)
(Title)
The affidavit of ................................ , son of ................................................................................................... I............................................................................................................................make oath
affirm
and say as follows:—
(1) I am a process-server of this Court.
summons
(2) On the day of......................................20...........I received a
notice
issued by the Court of ...........in Suit No. .............of............. 20..........., in the said Court, dated
the………….…day of ..............20................, for service on……….
summons
(3) The said...............was at the time personally known to me, and I served the said
notice
him on the ..........day of........20........, at about....................o’clock in the ................
her
his
................noon at......................by tendering a copy thereof to him and requiring
her
her
signature to the original summons/notice
(a)
(b)
(a) Here state whether the person served signed or refused to sign the process, and in whose presence.
(b) Signature of process-server.
or,
(3) The said........................not being personally known to me accompanied me............to
summons
and pointed out to me a person whom he stated to be the said......., and I served the said.....
notice
him
on on the ......................day of...................20......., at about...............o’clock in the..........
her
noon at.....by tendering a copy thereof to him and requiring his signature to the original summon
her her notice
(a)
(b)
(a) Here state whether the person served signed or refused to sign the process, and in whose presence.
(b) Signature of process-server.
or,
(3) The said.............and the house in which he ordinarily resides being personally known to me, I went to the said house, in ................and thereon the .................day of ......................20…………………
at about.......................o’clock in the...............noon, I did not find the said....................
(a)
(b)
(a) Enter fully and exactly the manner in which the process was served, with special reference to Order 5, rules 15 and 17.
(b) Signature of process-server.
or,
(3) One...........accompanied me to....................and there pointed out to me which he said was the house in which......................ordinarily resides. I did not find the said...............there.
(a)
(b)
(a) Enter fully and exactly the manner in which the process was served, with special reference to Order 5, rules 15 and 17.
(b) Signature of process-server.
or,
If substituted service has been ordered, state fully and exactly the manner in which the summons was served with special reference to the terms of the order for substituted service.
Sworn
by the said............................................................................................................before me
affirmed
this......................................................day of..................20..............
Empowered under section 139 of the
Code of Civil Procedure, 1908, to
administer the oath to deponents.
No. 12
NOTICE TO DEPENDANT
(O. 9, r. 6)
(Title)
To
......................................................... [Name, description and place of residence.] WHEREAS this day was fixed for the hearing of the above suit and a summons was issued to you and the plaintiff has appeared in this Court and you did not so appear, but from the return of the Nazir it has been proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time to enable you to appear and answer on the day fixed in the said summons;
Notice is hereby given to you that the hearing of the suit is adjourned this day and that the................... day of..........................20....................................is now fixed for the hearing of the same; in default of your appearance on the day last mentioned the suit will be heard and determined in your absence.
GIVEN under my hand and the seal of the Court, this .........................day of ............... 20.......
Judge.
No. 13
SUMMONS TO WITNESS
(O. 16, rr. 1, 5)
(Title)
To
..................................................................[Name, description and place of residence.]
WHEREAS your attendance is required to................................................................................................ on behalf of the...........................................................................................................................in the above suit, you are hereby required [personally] to appear before this Court on the................................... day of .........20........, at.........o’clock in the forenoon, and to bring with you [or to send to this……….Court].
A sum of Rs................, being your travelling and other expenses and subsistence allowance for one day, is herewith sent. If you fail to comply with this order without lawful excuse, you will be subject to the consequences of non-attendance laid down in rule 12 of Order XVI of the Code of Civil Procedure, 1908.
GIVEN under my hand and the seal of the Court, this............................day of.....................20...............
Judge.
NOTICE.—(1) If you are summoned only to produce a document and not to give evidence, you shall be deemed to have complied with the summons if you cause such document to be produced in this Court on the day and hour aforesaid.
(2) If you are detained beyond the day aforesaid, a sum of Rs........................................will be tendered to you for each day’s attendance beyond the day specified.
No. 14
PROCLAMATION REQUIRING ATTENDANCE OF WITNESS
(O. 16, r. 10)
(Title)
To
..................................................................[Name, description and place of residence.]
WHEREAS it appears from the examination on oath of the serving officer that the summons could not be served upon the witness in the manner prescribed by law; and whereas it appears that the evidence of the witness is material, and he absconds and keeps out of the way for the purpose of evading the service of the summons; This proclamation is, therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on the..................... day of................ 20......... at..........o’clock in the forenoon and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law.
GIVEN under my hand and the seal of the Court, this ............... day of ............. 20………. ....
judge.
No. 15
PROCLAMATION REQUIRING ATTENDANCE OF WITNESS
(O. 16, r. 10.)
(Title)
To
..................................................................[Name, description and place of residence.]
WHEREAS it appears from the examination on oath of the serving officer that the summons has been duly 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 : This proclamation is, therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on the.......day of.............. 20......... at........o’clock in the forenoon, and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law.
GIVEN under my hand and the seal of the Court, this....................day of........................20………….
Judge.
No. 16
WARRANT OF ATTACHMENT OF PROPERTY OF WITNESS
(O. 16, r. 10.)
(Title)
To
The Bailiff of the Court.
WHEREAS the witness..........................................................................................................................cited by
....................................................................................................................................has not, after the expiration of the period limited in the proclamation issued for his attendance, appeared in Court; You are hereby directed to hold under attachment................... property belonging to the said witness to the value................... of and to submit a return, accompanied with an inventory thereof, within…….. days. GIVEN under my hand and the seal of the Court, this.................................. day of............................. 20 ........................................
Judge.
No. 17
WARRANT OF ARREST OF WITNESS
(O. 16, r. 10)
(Title)
To
The Bailiff of the Court.
WHEREAS.................................................................................has been duly served with a summons but has
failed to attend (absconds and keeps out of the way for the purpose of avoiding service of a summons); You are hereby ordered to arrest and bring the said...................................................................before the Court.
You are further ordered to return this warrant on or before the ................ day of........................... 20 ............ with an endorsement certifying the day on and the manner in which it has been executed, or the reason why it has not been executed. GIVEN under my hand and the seal of the Court, this................... day of............................. 20…………
Judge.
No. 18
WARRANT OF COMMITTAL
(O. 16, r. 16)
(Title)
To
The Officer in charge of the Jail at ..........................................
WHEREAS the plaintiff (or defendant) in the above-named suit has made application to this Court that security be taken for the appearance of...... give evidence (or to produce a document), on the day of ....................................................................................................... 20 and whereas the Court has called upon the said.............to furnish such security, which he has failed to do; This is to require you to receive the said...........into your custody in the civil prison and to produce him before this Court at .....................................on the said day and on such other day or days as may be hereafter ordered.
GIVEN under my hand and the seal of the Court, this ................... day of ............... 20 ............
Judge.
No. 19
WARRANT OF COMMITTAL (O 16, r. 18) 1
(Title)
To
The Officer in charge of the Jail at ..................................
WHEREAS..........................., whose attendance is required before this Court in the above-named case to give evidence or to produce a document), has been arrested and brought before the Court in custody; and whereas owing to the absence 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..................to- give security for his appearance on the.............................day……………….of................20................, at....................................which he has failed to do; This is to require you to receive the said....... into your custody in the civil prison and to produce him before this Court at............. on the................ day of............................... 20
GIVEN under my hand and the seal of the Court, this day of………………..20………………
Judge.
APPENDIX C
DISCOVERY, INSPECTION AND ADMISSION
No. 1
ORDER FOR DELIVERY OF INTERROGATORIES
(O. 11, r 1)
In the Court of...........................................................
Civil Suit No.....................of ..........................20
A. B. ................................................................ Plaintiff,
against
C.D.E.F. and G.H ...…....…. Defendants.
Upon hearing ........................ and upon reading the affidavit of ................. filed the ............... day of…………20……….; It is ordered that the………..be at liberty to deliver to the……………….. interrogatories in writing, and that the said……….do answer the interrogatories as prescribed by Order XI, rule 8, and that the costs of this application be…………..
No. 2
INTERROGATORIES
(O. 11, r. 4)
(Title as in No. 1, supra)
Interrogatories on behalf of the above-named [Plaintiff or defendant C. D.] for the examination of the above-named [defendants E.F. and G. H. or Plaintiff].
1. Did not, etc.
2. Has not, etc.
etc., etc., etc.
[The defendant E.F. is required to answer the interrogatories numbered.........................]
[The defendant G. H. is required to answer the interrogatories numbered ......................]
No. 3
ANSWER TO INTERROGATORIES
(O. 11, r. 9.)
(Title as in No. 1, supra)
The answer of the above-named defendant E. F., to the interrogatories for his examination by the above-named plaintiff.
In answer of the said interrogatories, I, the above-named E. F., make oath and say as follows:—
2 . Enter answers to interrogatories in paragraphs numbered consecutively.
3. I object to answer the interrogatories numbered on the ground that [state grounds of objection].
No. 4
ORDER FOR AFFIDAVIT AS TO DOCUMENTS
(O. 11, r. 12.)
(Title as in No. 1, supra)
Upon hearing………………; It is ordered that the………..do within…………..form the date of this order, answer on affidavit stating which documents are or have been in his possession or power relating to the matter in question in this suit, and that the costs of this application be…………………… .
No. 5
AFFIDAVIT AS TO DOCUMENTS
(O. 11, r. 13.)
(Title as in No. 1, supra)
I, the above-named defendant C. D., make oath and say as follows:—
1. I have in my possession or power the documents relating to the matters in question in this suit set forth in the first and second parts of the first schedule hereto.
2. I object to produce the said documents set forth in the second part of the first schedule hereto [state grounds of objection.]
3. I have had but have not now, in my possession or power the documents relating to the matters in question in this suit set forth in the second schedule hereto.
4. The last-mentioned documents were last in my possession or power on. [State when and what has become of them and in whose possession they now are.]
5. According to the best of my knowledge, information and belief I have not now, and never had, in my possession, custody or power, or in the possession, custody or power of my pleader or agent, or in the possession, custody or power of any other person on my behalf, any account, book of account, voucher, receipt, letter memorandum, paper or writing, or any copy of or extract from any such document, or any other documents whatsoever, relating to the matters in question in this suit or any of them, or wherein any entry has been made relative to such matters or any of them, other than and except the documents set forth in the said first and second schedules hereto.
No. 6
ORDER TO PRODUCE DOCUMENTS FOR INSPECTION
(O. 11, r. 14.)
(Title as in No. 1, supra)
Upon hearing………………and upon reading the affidavit of……………….. filed the day of……………20……………; It is ordered that the………………..do, at all reasonable times, on reasonable notice, produce at…………………. , situate at …………………., the following documents, namely,………………, and that the……………be at liberty to inspect and peruse the documents so produced, and to make notes of their contents. In the meantime, it is ordered that all further proceedings be stayed and that the costs of this application be……………………….
No. 7
NOTICE TO PRODUCE DOCUMENTS
(O. 11, r. 16)
(Title as in No. 1, supra)
Take notice that the [plaintiff or defendant] requires you to produce for his inspection the following
documents referred to in your [plaint or written statement or affidavit, dated the……………day of
…………….20………… ].
[Describe documents required.]
X. Y., pleader for the…………..
To Z., pleader for the………..
No. 8
NOTICE TO INSPECT DOCUMENTS
(O. 11, r. 17)
(Title as in No. 1, supra)
Take notice that you can inspect the documents mentioned in your notice of the ……………..day of……………..20……….. [except the documents numbered………………………….in that notice] [insert place of inspection] on Thursday next, the instant, between the hours of 12 and 4 o’clock.
Or, that the [plaintiff or defendant] objects to giving you inspection of documents mentioned in your notice of the day of………..20………… , on the ground that [state the ground].
No. 9
NOTICE TO ADMIT DOCUMENTS
(O. 12, r. 3)
(Title as in No. 1, supra)
Take notice that the plaintiff [or defendant] in this suit proposes to adduce in evidence the several documents hereunder specified, and that the same may be inspected by the defendant [or plaintiff], his pleader or agent, at…………on…………between the hours of…………………..; and the defendant [or plaintiff] is hereby required, within forty-eight hours from the last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively written, signed or executed, as they purport respectively to have been; that such as are specified as copies are true copies; and such documents as are stated to have been served, sent or delivered were so served, sent or delivered, respectively, saving all just exceptions to the admissibility of all such documents as evidence in this suit.
G.H., pleader [or agent] for plaintiff [or defendant].
To E.F., pleader [or agent] for defendant [or plaintiff]. [Here describe the documents and specify as to each document whether it is original or a copy].
No. 10
NOTICE TO ADMIT FACTS
(O. 12, r. 5)
(Title as in No. 1, supra)
Take notice that the plaintiff [or defendant] in this suit requires the defendant [or plaintiff] to admit, for the purposes of this suit only, the several facts respectively hereunder specified; and the defendant [or plaintiff] is hereby required, within six days from the service of this notice, to admit the said several facts, saving all just exceptions to the admissibility of such facts as evidence in this suit.
G.H., pleader [or agent] for plaintiff [or defendant].
To E.F., pleader [or agent] for defendant [or plaintiff].
The facts, the admission of which is required, are—
1. That M. died on the 1st January, 1890.
2. That he died intestate.
3. That N. was his only lawful son.
4. That O. died on the 1st April, 1896.
5. That O. was never married.
No. 11
ADMISSION OF FACTS PURSUANT TO NOTICE
(O. 12, r. 5)
(Title as in No. 1, supra)
The defendant [or plaintiff] in this suit, for the purposes of this suit only, hereby admits the several facts respectively hereunder specified, subject to the qualifications or limitations, if any, hereunder specified, saving all just exceptions to the admissibility of any such facts, or any of them, as evidence in this suit:
Provided that this admission is made for the purposes of this suit only, and is not an admission to be used against the defendant [or plaintiff] on any other occasion or by any one other than the plaintiff [or defendant, or party requiring the admission].
E. F., pleader [or agent] for defendant [or plaintiff].
To G. H., pleader [or agent] for plaintiff [or defendant].
Facts admitted Qualifications or limitations, if any, subject to
which they are admitted
1. That M. died on the 1st January, 1890….. 1.
2. That he died intestate……………………... 2.
3. That N. was his lawful son ………………. 3. But not that he was his only lawful son.
4. That O. died………………………………. 4. But not that he died on the 1st April, 1896.
5. That O. was never married………………. 5. ...................................................................
No. 12
NOTICE TO PRODUCE (GENERAL FORM)
(O. 12, r. 8.)
(Title as in No. 1, supra)
Take notice that you are hereby required to produce and show to the Court at the first hearing of
this suit all books, papers, letters, copies of letters and other writings and documents in your custody, possession or power, containing any entry, memorandum or minute relating to the matters in question in this suit, and particularly.
G. H., pleader [or agent] for plaintiff [or defendant].
To E. F. pleader [or agent] for defendant [or plaintiff].
APPENDIX D
DECREES
No. 1
DECREE IN ORIGINAL SUIT
(O. 20, rr. 6,7)
(Title)
Claim for ........................................................................................................................................
THIS suit coming on this day for final disposal before ................................... in the presence of
....................................... for the plaintiff and of ............................ for the defendant, it is ordered and decreed that .......................................... and that the sum of Rs ........................................... be paid by 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 realization.
GIVEN under my hand and the seal of the Court, this .................... day of…………..20…..
Judge.
Costs of Suit
Plaintiff Defendant
Rs. A. P. Rs. A. P.
1. Stamp for plaint……….. Stamp for power……………...
2. Stamp for power………. Stamp for petition………
3. Stamp for exhibits……... Pleader’s fee………….
4. Pleader’s fee on Rs. ...... Subsistence for witnesses…
5. Subsistence for witnesses.. Service of process……….
6. Commissioner’s fee…… Commissioner’s fee………..
7. Service of process……..
Total Total
No. 2
SIMPLE MONEY DECREE
(Section 34)
(Title)
Claim for......................................................................................................................................................
THIS suit coming on this........................day for final disposal before..........in the presence of ..............................for the plaintiff and of.................for the defendant; It is ordered that the...................do pay to the.................. the sum of Rs................ with interest thereon at the rate of.......................per cent. per annum from......................................to the date of realization of the said sum and do also pay Rs..................... , the costs of this suit, with interest thereon at the rate of……..per cent. per annum from this date to the date of realization.
GIVEN under my hand and the seal of the Court, this........................... day of....................20………….
Judge.
Costs of Suit
Plaintiff Defendant
Rs. A. P. Rs. A. P.
1. Stamp for plaint.............. Stamp for power ......
2. Do. for power.............
2. Stamp for power............. Stamp for petition ..
33.. SDtoa.m fopr f eoxr heixbhiti.b..i.t.............. .... Pleader’s fee .........
3. Do. for exhibit...........
4 . Pleader's fee on Rs............
4 . Pleader’s fee on Rs............ Subsistence for witnesses...
5. Subsistence for
5 . Subsistence for witnesses..... Serv ice of pr ocess ...
witnesses........
6. Commissioner’s fee.......... Commissioner’s fee ……
6. Commissioner’s fee..........
................................
77.. SSeerrvviiccee ooff pprroocceessss............................
Total
Total Total
12[No. 3
PRELIMINARY DECREE FOR FORECLOSURE
(Order XXXIV, rule 2.—Where accounts are directed to be taken.)
(Title)
This suit coming on this................................. day, etc.; It is hereby ordered and decreed that it be referred to...................... as the Commissioner to take the accounts following:—
(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 be computed at the rate payable on the principal or where no such rate is fixed, at six per cent. per annum or at such rate as the Court deems reasonable);
(ii) an account of the income of the mortgaged property received up to this date by the plaintiff or by any other person by the order or for the use of the plaintiff or which without the wilful default of the plaintiff or such person might have been so received;
(iii) an account of all sums of money properly incurred by the plaintiff up to this date for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with interest thereon (such interest to be computed at the rate agreed between the parties, or, failing such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. per annum);
(iv) an account of any loss or damage caused to the mortgaged property before this date by any act or omission of the plaintiff which is destructive of, or permanently injurious to, the property or by his failure to perform any of the duties imposed upon him by any law for the time being in force or by the terms of the mortgage-deed. 2. And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged
due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by the plaintiff under clause (iii) together with interest thereon, and the balance, if any, shall be added to the mortgage-money or, as the case may be, debited in reduction of the amount due to the plaintiff on account of interest on the principal sum adjudged due, and thereafter in reduction or discharge of the principal.
3. And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient despatch after making all just allowances on or before the..............................................................day of........... and that upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make.
4. And it is hereby further ordered and decreed—
(i) that the defendant do pay into Court on or before the................................. day of..............................., or any later date up to which time for payment may be extended by 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 payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the plaintiff-or any person claiming under him or any person under whom he claims and free from all liability whatsoever or arising from the mortgage or this suit and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property. 5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff
shall be at liberty to apply to the Court for a final decree that the defendant shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the schedule annexed hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property; and that the parties shall be at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
Schedule
Description of the mortgaged property
13[No. 3A
PRELIMINARY DECREE FOR FORECLOSURE
(Order XXXIV, rule 2.—Where the Court declares the amount due.)
(Title)
This suit coming on this................................ day, etc.; It is hereby declared that the amount due to the plaintiff on his mortgage mentioned in the plaint calculated up to this .................................................day 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) properly incurred by the plaintiff in respect of the mortgage-security, together with interest thereon, and the sum of Rs........ for the costs of this suit awarded to the plaintiff, making in all sum of Rs............
2. And it is hereby ordered and decreed as follows:—
(i) that the defendant do pay into Court on or before the....................................day of............or any later date up to which time for payment may be extended by the Court of the said sum of Rs....................,
(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under him or any person under whom he claims and free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property. 3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff
may apply to the Court for a final decree that the defendant shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property; and that the parties shall be at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
Schedule
Description of the mortgaged property
14[No. 4
FINAL DECREE FOR FORECLOSURE
(Order XXXIV, rule 3)
(Title)
Upon reading the preliminary decree passed in this suit on the……… day of................................... and further orders (if any) dated the…………..day of…………......and the application of the plaintiff dated the……………day of…………..........for a final decree and after hearing the parties and it appearing that the payment directed by the said decree and orders has not been made by the defendant or any person on his behalf or any other person entitled to redeem the said mortgage.
It is hereby ordered and decreed that the defendant and all persons claiming through or under him be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the property in the aforesaid preliminary decree mentioned; *[and (if the defendant be in possession of the said mortgaged property) that the defendant shall deliver to the plaintiff quiet and peaceable possession of the said mortgaged property].
2. And it is hereby further declared that the whole of the liability whatsoever of the defendant up to this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and extinguished.
Schedule
(Description of the mortgaged property).]
14[No. 5
PRELIMINARY DECREE FOR SALE
(Order XXXIV, rule 4.—Where accounts are directed to be taken.)
(Title)
This suit coming on this....................................day, etc; It is hereby ordered and decreed that it be referred to....................as the Commissioner to take the accounts following:—
(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 be computed at the rate payable on the principal or where no such rate is fixed, at six per cent. per annum or at such rate as the Court deems reasonable);
(ii) an account of the income of the mortgaged property received up to this date by the plaintiff or by any other person by the order or for the use of the plaintiff or which without the wilful default of the plaintiff or such person might have been so received;
(iii) an account of all sums of money properly incurred by the plaintiff up to this date for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with interest thereon (such interest to be computed at the rate agreed between the parties, or, failing such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. per annum);
(iv) an account of any loss or damage caused to the mortgaged property before this date by any act or omission of the plaintiff which is destructive of, or permanently injurious to, the property or by his failure to perform any of the duties imposed upon him by any law for the time being in force or by the terms of the mortgage-deed. 2. And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged
due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by the plaintiff under clause (iii), together with interest thereon, and the balance, if any, shall be added to the mortgage-money or, as the case may be, be debited in reduction of the amount due to the plaintiff on account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the principal.
3. And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient despatch after making all just allowances on or before the...............day of.......... and that upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make.
4. And it is hereby further ordered and decreed—
(i) that the defendant do pay into Court on or before the...............day of..................................................or any later date up to which time for payment may be extended by 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 payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit, and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under him or any person under whom he claims and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property. 5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff may
apply to the Court for a final decree for the sale of the mortgaged property; and on such application being made the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the purposes of such sale the plaintiff shall produce before the Court, or such officer as it appoints, all documents in his possession or power relating to the mortgaged property.
6. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the plaintiff under this decree and under any further orders that may be passed in this suit and in payment of any amount which the Court may adjudge due to the plaintiff in respect of such costs of the suit, and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the defendant or other persons entitled to receive the same.
7. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient or payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in force) to apply for a personal decree against the defendant for the amount of the balance; and that the parties are at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
Schedule
(Description of the mortgaged property.)
15[No. 5A
PRELIMINARY DECREE FOR SALE
(Order XXXIV, rule 4.—When the Court declares the amount due.)
(Title)
This suit coming on this...................day, etc.; It is hereby declared that the amount due to the plaintiff on the mortgage mentioned in the plaint calculated up to this.................... day 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) properly incurred by the plaintiff in respect of the mortgage-security, together with interest thereon, and the sum of Rs..............................for the costs of the suit awarded to the plaintiff, making in all the sum of Rs ............
2. And it is hereby ordered and decreed as follows:—
(i) that the defendant do pay into Court on or before the............... day of............................ or any later date up to which time for payment may be extended by the Court, the said sum of Rs..............;
(ii) that on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under him or any person under whom he claims and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property. 3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff
may apply to the Court for a final decree for the sale of the mortgaged property; and on such application being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the purposes of such sale the plaintiff shall produce before the Court or such officer as it appoints all documents in his possession or power relating to the mortgaged property.
4. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the plaintiff under this decree and under any further orders that may be passed in this suit and in payment of any amount which the Court may adjudge due to the plaintiff in respect of such costs of the suit, and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the defendant or other persons entitled to receive the same.
5. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient or payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in force) to apply for a personal decree against the defendant for the amount of the balance; and that the parties are at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
Schedule
(Description of the mortgaged property.)
16[No. 6
FINAL DECREE FOR SALE
(Order XXXIV, rule 5.)
(Title)
Upon reading the preliminary decree passed in this suit on the.........day of.............. and further orders (if any) dated the ........ day of........ and the application of the plaintiff dated the........day........ of for a final decree and after hearing the parties and it appearing that the payment directed by the said decree and orders has not been made by the defendant or any person on his behalf or any other person entitled to redeem the mortgage.
It is hereby ordered and decreed that the mortgaged property in the aforesaid preliminary decree mentioned or a sufficient part thereof be sold and that for the purposes of such sale the plaintiff shall produce before the Court or such officer as it appoints all documents in his possession or power relating to the mortgaged property.
2. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into the Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the plaintiff under the aforesaid preliminary decree and under any further orders that may have been passed in this suit and in payment of any amount which the Court may have adjudged due to the plaintiff for such costs of the suit including the costs of this application and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the defendant or other persons entitled to receive the same.]
16[No. 7
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE
FOR FORECLOSURE IS PASSED
(Order XXXIV, rule 7.—Where accounts are directed to be taken.)
(Title)
This suit coming on this........day, etc.; It is hereby ordered and decreed that it be referred to............ as the Commissioner to take the account following:—
(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 be computed at the rate payable on the principal or where no such rate is fixed, at six per cent. per annum or at such rate as the Court deems reasonable);
(ii) an account of the income of the mortgaged property received up to this date by the defendant or by any other person by order or for the use of the defendant or which without the wilful default of the defendant or such person might have been so received;
(iii) an account of all sums of money property incurred by the defendant up to this date for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with interest thereon (such interest to be computed at the rate agreed between the parties, or failing such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. per annum);
(iv) an account of any loss or damage caused to the mortgaged property before this date by any act or omission of the defendant which is destructive of, or permanently injurious to, the property or by his failure to perform any of the duties imposed upon him by any law for the time being in force or by the terms of the mortgage-deed. 2. It is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due
under clause (iv) above together with interest thereon, shall be adjusted against any sums paid by the defendant under clause (iii) together with interest thereon, and the balance, if any, shall be added to the mortgage-money or, as the case may be, be debited in reduction of the amount due to the defendant on account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the principal.
3. And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient despatch after making all just allowances on or before the..………………………day of…………………, and that upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make.
4. And it is hereby further ordered and decreed—
(i) that the plaintiff do pay into Court on or before the ......... day of ........., or any later date up to which time for payment may be extended by 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 payment, and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit, and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the defendant shall bring into Court all documents in his possession or power relating to the mortgaged property, in the plaint mentioned, and all such documents shall be delivered over to the plaintiff, or to such person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the defendant or any person claiming under him or any person under whom he claims and free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property. 5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant
shall be at liberty to apply to the Court for a final decree that the plaintiff shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property; and that the parties shall be at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
Schedule
(Description of the mortgaged property)
17[No. 7A
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR
A DECREE FOR SALE IS PASSED
(Order XXXIV, rule 7.—Where accounts are directed to be taken.)
(Title)
This suit coming on this .........day, etc.; It is hereby ordered and decreed that it be referred to ……. as the Commissioner to take the accounts following :—
(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 be computed at the rate payable on the principal or where no such rate is fixed, at six per cent. per annum or at such rate as the Court deems reasonable);
(ii) an account of the income of the mortgaged property received up to this date by the defendant or by any other person by the order or for the use of the defendant or which without the wilful default of the defendant or such person might have been so received;
(iii) an account of all sums of money property incurred by the defendant up to this date for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with interest thereon (such interest to be computed at the rate agreed between the parties, or failing such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. per annum);
(iv) an account of any loss or damage caused to the mortgaged property before this date by any act or omission of the defendant which is destructive of, or permanently injurious to, the property or by his failure to perform any of the duties imposed upon him by any law for the time being in force or by the terms of the mortgage-deed. 2. And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged
due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by the defendant under clause (iii) together with interest thereon, and the balance, if any, shall be added to the mortgage-money, or, as the case may be, be debited in reduction of the amount due to the defendant on account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the principal.
3. And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient despatch after making all just allowances on or before the …………… day of……………. , and that upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make.
4. And it is hereby further ordered and decreed—
(i) that the plaintiff do pay into Court on or before the ………………. day of ………….., or any later date up to which time for payment may be extended by 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 payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit, and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the defendant shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff, or to such person as he appoints, and the defendant shall, if so required, re-convey or re- transfer the said property free from the said mortgage and clear of and from all incumbrances created by the defendant or any person claiming under him or any person under whom the claims and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property. 5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant
may apply to the Court for a final decree for the sale of the mortgaged property; and on such application being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the purposes of such sale the defendant shall produce before the Court or such officer as it appoints, all documents in his possession of power relating to the mortgaged property.
6. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the defendant under this decree and under any further orders that may be passed in his suit and in payment of any amount which the Court may adjudge due to the defendant in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the plaintiff or other persons entitled to receive the same.
7. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient for payment in full of the amount payable to the defendant as aforesaid, the defendant shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in force) to apply for a personal decree against the plaintiff for the amount of the balance; and the parties are at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
Schedule
(Description of the mortgaged property.)
18[No. 7B
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE
FOR FORECLOSURE IS PASSED
(Order XXXIV, rule 7.—Where the Court declares the amount due.)
(Title)
This suit coming on this …….……. day, etc.; It is hereby declared that the amount due to the defendant on the mortgage mentioned in the plaint calculated up to this …….. day 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) properly incurred by the defendant in respect of the mortgage-security together with interest thereon, and the sum of Rs. …...……. for the costs of the suit awarded to the defendant, making in all the sum of Rs. ……………
2. And it is hereby ordered and decreed as follows:—
(i) that the plaintiff do pay into Court on or before the.………….. day of …………. or any later date up to which time for payment may be extended by the Court the said sum of Rs. ……………
(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such cost of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the defendant shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff, or to such person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the defendant or any person claiming under him or any person under whom he claims, and free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property. 3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant
may apply to the Court for a final decree that the plaintiff shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property; and that the parties shall be at liberty to apply to the Court from time to time, as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
Schedule
(Description of the mortgaged property.)
18[No. 7C
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE
FOR SALE IS PASSED
(Order XXXIV, rule 7.—Where the Court declares the amount due.)
(Title)
This suit coming on this …………… day, etc.; It is hereby declared that the amount due to the defendant on the mortgage mentioned in the plaint calculated up to this ………… day 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) properly incurred by the defendant in respect of mortgage-security together with interest thereon, and the sum of Rs. ………… for the cost of this suit awarded to the defendant, making in all the sum of Rs. ……………
2. And it is hereby ordered and decreed as follows:—
(i) that the plaintiff do pay into Court on or before the ………… day of …………… or any later date up to which time for payment may be extended by the Court the said sum of Rs. …………… ;
(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the defendant shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff or such person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said property to the plaintiff free from the said mortgage and clear of and from all incumbrances created by the defendant or any person claiming under him or any person under whom he claims and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property. 3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant
may apply to the Court for a final decree for the sale of the mortgaged property; and on such application being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the purposes of such sale the defendant shall produce before the Court or such officer as it appoints all documents in his possession or power relating to the mortgaged property.
4. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the defendant under this decree and under any further orders that may be passed in this suit and in payment of any amount which the Court may adjudge due to the defendant in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the plaintiff or other persons entitled to the same.
5. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient for the payment in full of the amount payable to the defendant as aforesaid, the defendant shall be at liberty (where such remedy is open to him under the terms of the mortgage and is not barred by any law for the time being in force) to apply for a personal decree against the plaintiff for the amount of the balance; and that the parties are at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
Schedule
(Description of the mortgaged property.)
19[No. 7D
FINAL DECREE FOR FORECLOSURE IN A REDEMPTION SUIT ON DEFAULT OF PAYMENT BY MORTGAGOR
(Order XXXIV, rule 8)
(Title)
Upon reading the preliminary decree in this suit on the .............…. day of ……….…. and further order (if any) dated the ………..…… day of ……………... , and the application of the defendant dated the ……….... day of ………..…… for a final decree and after hearing the parties, and it appearing that the payment as directed by the said decree and orders has not been made by the plaintiff or any person on his behalf or any other person entitled to redeem the mortgage.
It is hereby ordered and decreed that the plaintiff and all persons claiming through or under him be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the property in the aforesaid preliminary decree mentioned *[and (if the plaintiff be in possession of the said mortgaged property) that the plaintiff shall deliver to the defendant quiet and peaceable possession of the said mortgaged property].
2. And it is hereby further declared that the whole of the liability whatsoever of the plaintiff up to this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharge and extinguished.
20[No. 7E
FINAL DECREE FOR SALE IN A REDEMPTION ON SUIT ON DEFAULT OF PAYMENT BY MORTGAGOR
(Order XXXIV, rule 8)
(Title)
Upon reading the preliminary decree in this suit on the ……………. day of ……………….. and further order (if any) dated the …………….. day of ……………….. , and the application of the defendant dated the ……………… day of ………………. for a final decree and after hearing the parties, and it appearing that the payment directed by the said decree and orders has not been made by the plaintiff or any person on his behalf or any other person entitled to redeem the mortgage;
It is hereby ordered and decreed that the mortgaged property in the aforesaid preliminary decree mentioned or a sufficient part thereof be sold and that for the purposes of such sale the defendant shall produce before the Court, or such officer as it appoints, all documents in his possession or power relating to the mortgaged property.
2. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the defendant under the aforesaid preliminary decree and under any further orders that may have been passed in this suit and in payment of any amount which the Court may have adjudged due to the defendant for such costs of this suit including the costs of this application and such costs, charges and expenses as may be payable under rule l0, together with the subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the plaintiff or other persons entitled to receive the same.]
20[No. 7F
FINAL DECREE IN A SUIT FOR FORECLOSURE, SALE OR REDEMPTION WHERE THE MORTGAGOR PAYS THE
AMOUNT OF THE DECREE (Order XXXIV, rules 3, 5 and 8)
(Title)
This suit coming on this ................................. day for further consideration and it appearing that on the …………….. day of ……………….. the mortgagor or …………….. , the same being a person entitled to redeem, has paid into Court all amounts due to the mortgagee under the preliminary decree dated the …………………. day of ……………….. ; It is hereby ordered and decreed that:—
(i) the mortgagee do execute a deed of re-conveyance of the property in the aforesaid preliminary decree mentioned in favour of the mortgagor *[or, as the case may be, ……………….. who has redeemed the property] or an acknowledgement of the payment of the amount due in his favour;
(ii) the mortgagee do bring into Court all documents in his possession and power relating to the mortgaged property in the suit. 2. And it is hereby further ordered and decreed that upon the mortgagee executing the deed of
re-conveyance or acknowledgement in the manner aforesaid,—
(i) the said sum of Rs. ……………… be paid out of Court to the mortgagee;
(ii) the said deeds and documents brought into the Court be delivered out of Court to the mortgagor *[or the person making the payment] and the mortgagee do, when so required, concur in registering, at the cost of the mortgagor *[or other person making the payment], the said deed of re-conveyance or the acknowledgement in the office of the Sub-Registrar of ……………….; and
(iii) *[if the mortgagee, plaintiff or defendant, as the case may be, is in possession of the mortgaged property] that the mortgagee do forthwith deliver possession of the mortgaged property in the aforesaid preliminary decree mentioned to the mortgagor *[or such person as aforesaid who has made the payment].
21[No. 8
DECREE AGAINST MORTGAGOR PERSONALLY FOR BALANCE AFTER THE SALE OF THE MORTGAGED
PROPERTY
(Order XXXIV, rules 6 and 8A)
(Title)
Upon reading the application of the mortgagee (the plaintiff or defendant, as the case may be) and reading the final decree passed in the suit on the .................... day of ......................... and the Court being satisfied that the net proceeds of the sale held under the aforesaid final decree amounted to Rs. …………. and have been paid to the applicant out of the Court on the ………………... day of ……………….. and that the balance now due to him under the aforesaid decree is Rs. ………… ;
And whereas it appears to the Court that the said sum is legally recoverable from the mortgagor (plaintiff or defendant, as the case may be) personally;
It is hereby ordered and decreed as follows:—
That the mortgagor (plaintiff or defendant, as the case may be) do pay to the mortgagee (defendant or plaintiff, as the case may be) the said sum of Rs. …………. with further interest at the rate of six per cent. per annum from the ………………… day of ……………….. (the date of payment out of Court referred to above) up to the date of realisation of the said sum, and the costs of this application.]
21[No. 9
PRELIMINARY DECREE FOR FORECLOSURE OF SALE
[Plaintiff . . . . . . . . . . . 1st Mortgagee,
Vs.
Defendant No. 1 . . . . . . . . . . . Mortgagor, Defendant No. 2 . . . . . . . . . . . 2nd Mortgagee.]
(Order XXXIV, rules 2 and 4)
(Title)
The suit coming on this ……………. day, etc; It is hereby declared that the amount due to the plaintiff on the mortgage mentioned in the plaint calculated up to this day 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 by the plaintiff in respect of the mortgage-security with interest thereon and sum of Rs. …………… for the costs of this suit awarded to the plaintiff, making in all the sum of Rs. …………….. .
(Similar declarations to be introduced with regard to the amount due to defendant No. 2 in respect
of his mortgage if the mortgage-money due thereunder has become payable at the date of the suit.)
2. It is further declared that the plaintiff is entitled to payment of the amount due to him in priority to defendant No. 2 *[or (if there are several subsequent mortgagees) that the several parties hereto are entitled in the following order to the payment of the sums due to them respectively:—].
3. And it is hereby ordered and decreed as follows:—
(i) (a) that defendants or one of them do pay into Court on or before the ………................... day of ……..…….. or any later date up to which time for payment has been extended by the Court the said sum of Rs. …………….. due to the plaintiff; and
(b) that defendant No. 1 do pay into Court on or before the day of ……………………. or any later date up to which time for payment has been extended by the Court the said sum of Rs. …………… due to defendant No. 2; and
(ii) that, on payment of the sum declared to be due to the plaintiff by defendants or either of them in the manner prescribed in clause (i) (a) and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant No………. (who has made the payment), or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under him or any person under whom he claims, and also free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the defendant No……… (who has made the payment) quiet and peaceable possession of the said property.
(Similar declarations to be introduced, if defendant No. 1 pays the amount found or declared to be due to defendant No. 2 with such variations as may be necessary having regard to the nature of his mortgage). 4. And it is hereby further ordered and decreed that, in default of payment as aforesaid of the amount
due to the plaintiff, the plaintiff shall be at liberty to apply to the Court for a final decree—
(i) *[in the case of a mortgage by conditional sale or an anomalous mortgage where the only remedy provided for in the mortgage-deed is foreclosure and not sale] that the defendants jointly and severally shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver to the plaintiff quiet and peaceable possession of the said property; or
(ii) *[in the case of any other mortgage] that the mortgaged property or a sufficient part thereof shall be sold; and that for the purposes of such sale the plaintiff shall produce before Court or such officer as it appoints, all documents in his possession or power relating to the mortgaged property; and
(iii) *[in the case where a sale is ordered under clause 4 (ii) above] that the money realised by such sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the plaintiff under this decree and under any further orders that may have been passed in this suit and in payment of the amount which the Court may adjudge due to the plaintiff in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be applied in payment of the amount due to defendant No. 2; and that if any balance be left, it shall be paid to the defendant No. 1 or other persons entitled to receive the same; and
(iv) that, if the money realised by such sale shall not be sufficient for payment in full of the amounts due to the plaintiff and defendant No. 2, the plaintiff or defendant No. 2 or both of them, as the case may be, shall be at liberty (when such remedy is open under the terms of their respective mortgages and is not barred by any law for the time being in force) to apply for a personal decree against defendant No. 1 for the amounts remaining due to them respectively.
* Words not required to be deleted.
5. And it is hereby further ordered and decreed—
(a) that if defendant No. 2 pays into Court to the credit of this suit the amount adjudged due to the plaintiff, but defendant No. 1 makes default in the payment of the said amount, defendant No. 2 shall be at liberty to apply to the Court to keep the plaintiff’s mortgage alive for his benefit and to apply for a final decree (in the same manner as the plaintiff might have done under clause 4 above)—
*[(i) that defendant No. 1 shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to defendant No. 2 quiet and peaceable possession of the said property;] or
*[(ii) that the mortgaged property or a sufficient part thereof be sold and that for the purposes of such sale defendant No. 2 shall produce before the Court or such officer as it appoints, all documents in his possession or power relating to the mortgaged property;] and (b) (if on the application of defendant No. 2 such a final decree for foreclosure is passed), that the
whole of the liability of defendant No. 1 arising from the plaintiff’s mortgage or from the mortgage of
defendant No. 2 or from this suit shall be deemed to have been discharged and extinguished.
6. And it is hereby further ordered and decreed *[in the case where a sale is ordered under clause 5 above]—
(i) that the money realised by such sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of the sale) first in payment of the amount paid by defendant No. 2 in respect of the plaintiff’s mortgage and the costs of the suit in connection therewith and in payment of the amount which the Court may adjudge due in respect of subsequent interest on the said amount; and that the balance, if any, shall then be applied in payment of the amount adjudged due to defendant No. 2 in respect of his own mortgage under this decree and any further orders that may be passed and in payment of the amount which the Court may adjudge due in respect of such costs of this suit and such costs, charges and expenses as may be payable to defendant No. 2 under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to defendant No. 1 or other persons entitled to receive the same; and
(ii) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due in respect of the plaintiff’s mortgage or defendant No. 2’s mortgage, defendant No. 2 shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in force) to apply for a personal decree against No. 1 for the amount of the balance. 7. And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court
from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
Schedule
(Description of the mortgaged property.)
22[No. 10
PRELIMINARY DECREE FOR REDEMPTION OF PRIOR MORTGAGE AND FORECLOSURE OR SALE ON
SUBSEQUENT MORTGAGE
[Plaintiff . . . . . . . 2nd Mortgagee,
vs.
Defendant No. 1. . . . . . . Mortgagor, Defendant No. 2 . . . . . . 1st Mortgagee].
(Order XXXIV, rules 2, 4, and 7)
(Title)
The suit coming on this ……... day, etc.; It is hereby declared that the amount due to defendant No. 2 on the mortgage mentioned in the plaint calculated up to this ……..…. day 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) properly incurred by defendant No. 2 in respect of the mortgage-security with interest thereon and the sum of Rs. ………. for the costs of this suit awarded to defendant No. 2, making in all the sum of Rs. ……………….
(Similar declarations to be introduced with regard to the amount due from defendant No. 1 to the plaintiff in respect of his mortgage if the mortgage-money due thereunder has become payable at the date of the suit.)
2. It is further declared that defendant No. 2 is entitled to payment of the amount due to him in priority to the plaintiff *[or ( if there are several subsequent mortgages) that the several parties hereto are entitled in following order to the payment of the sums due to them respectively:—]
3. And it is hereby ordered and decreed as follows:—
(i) (a) that the plaintiff or defendant No. 1 or one of them do pay into Court on or before the …. day of ………………. or any later date up to which time for payment has extended by the Court the said sum of Rs. ………………. due to defendant No. 2; and
(b) that defendant No. 1 do pay into Court on or before the ……………. day of …………….. or any later date up to which time for payment has been extended by the Court the said sum of Rs. ………… due to the plaintiff; and
(ii) that, on payment of the sum declared due to defendant No. 2 by the plaintiff defendant No. 1 or either of them in the manner prescribed in clause (i)(a) and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, defendant No. 2 shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff or defendant No. 1 (whoever made the payment), or to such person as he appoints, and defendant No. 2 shall, if so required, reconvey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by defendant No. 2 or any person claiming under him or any person under whom he claims, and also free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the plaintiff or defendant No. 1 (whoever has made the payment) quiet and peaceable possession of the said property. (Similar declarations to be introduced, if defendant No. 1 pays the amount found or declared due the
plaintiff with such variations as may be necessary having regard to the nature of his mortgage.)
4. And it is hereby further ordered and decreed that, in default of payment as aforesaid, of the amount due to defendant No. 2, defendant No. 2 shall be at liberty to apply to the Court that the suit be dismissed or for a final decree—
(i) *[in the case of a mortgage by conditional sale or an anomalous mortgage where the only remedy provided for in the mortgage-deed is foreclosure and not sale] that the plaintiff and defendant No. 1 jointly and severally shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall; if so required, deliver to the defendant No. 2 quiet and peaceable possession of the said property; or
* Words not required to be deleted.
(ii) *[in the case of any other mortgage] that the mortgaged property or a sufficient part thereof shall be sold; and that for the purposes of such sale defendant No. 2 shall produce before the Court such officer as it appoints, all documents in his possession or power relating to the mortgaged property; and
(iii) *[in the case where a sale is ordered under clause 4 (ii) above] that the money realised such sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to defendant No. 2 under the decree and any further orders that may be passed in this suit and in payment of the amount which the Court may adjudge due to defendant No. 2 in respect of such costs of the suit and such costs, charges and expenses as may be payable to plaintiff under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908; and that the balance, if any, shall applied in payment of the amount due to the plaintiff and that, if any balance be left, it shall be paid defendant No. 1 or other persons entitled to receive the same; and
(iv) that, if the money realised by such sale shall not be sufficient for payment in full of the amounts due to defendant No. 2 and the plaintiff, defendant No. 2 or the plaintiff or both of them, as the case may be, shall be at liberty (when such remedy is open under the terms of their respective mortgages and is not barred by any law for the time being in force) to apply for a personal decree against defendant No. 1 for the amounts remaining due to them respectively. 5. And it is hereby further ordered and decreed,—
(a) that, if the plaintiff pays into Court to the credit of this suit the amount adjudged due to defendant No. 2 but defendant No. 1 makes default in the payment of the said amount, the plaintiff shall be at liberty to apply to the Court to keep defendant No. 2’s mortgage alive for his benefit and to apply for final decree (in the same manner as the defendant No. 2 might have done under clause 4 above)—
*[(i) that defendant No. 1 shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property]; or
*[(ii) that the mortgaged property or a sufficient part thereof be sold and that for the purposes of such sale the plaintiff shall produce before the Court or such officer as it appoints, all documents in his possession or power relating to the mortgaged property;] and (b) (if on the application of defendant No. 2 such a final decree for foreclosure is passed), that the
whole of the liability of defendant No. 1 arising from the plaintiff’s mortgage or from the mortgage of
defendant No. 2 or from this suit shall be deemed to have been discharged and extinguished.
6. And it is hereby further ordered and decreed (in the case where a sale is ordered under clause 5 above)—
(i) that the money realised by such sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of the sale) first in payment of the amount paid by the plaintiff in respect of defendant No. 2’s mortgage and the cost of the suit in connection therewith and in payment of the amount which the Court may adjudge due in respect of subsequent interest on the said amount; and that the balance, if any, shall then be applied in payment of the amount adjudged due to the plaintiff in respect of his own mortgage under this decree and any further orders that may be passed and in payment of the amount which the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may by payable to the plaintiff under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to defendant No. 1 or other persons entitled to receive the same; and * Words not required to be deleted
(ii) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due in respect of defendant No. 2’s mortgage or the plaintiff's mortgage, defendant No. 2 shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in force) to apply for a personal decree against defendant No. 1 for the amount of the balance. 7. And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court
from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
Schedule
(Description of the mortgaged property.)
23[No. 11
PRELIMINARY DECREE FOR SALE
Plaintiff . . . . . . . Sub or derivative mortgagee,
vs.
[Defendant No. 1 . . . . . . Mortgagor,
Defendant No. 2 . . . . . . Original Mortgagee.]
(Order XXXIV, rule 4)
(Title)
This suit coming on the ………….…….. day, etc.; It is hereby declared that the amount due to defendant No. 2 on his mortgage calculated up to this ………………… day 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-security together with interest thereon and the sum of Rs. …………… for the costs of the suit awarded to defendant No. 2, making in all the sum of Rs. ……………
(Similar declarations to be introduced with regard to the amount due from defendant No. 2 to the plaintiff in respect of his mortgage.)
2. And it is hereby ordered and decreed as follows:—
(i) that defendant No. 1 do pay into Court on or before the said ………… day of ………… or any later date of up to which time for payment may be extended by the Court the said sum of Rs. ………. due to defendant No. 2; (Similar declarations to be introduced with regard to the amount due to the plaintiff, defendant No. 2
being at liberty to pay such amount.)
(ii) that, on payment of the sum declared due to defendant No. 2 by defendant No. 1 in the manner prescribed in clause 2 (i) and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff and defendant No. 2 shall bring into Court all documents in their possession or power relating to the mortgaged property in the plaint mentioned, and all such documents (except such as relate only to the sub-mortgage) shall be delivered over to defendant No. 1, or to such person as he appoints, and defendant No. 2 shall, if so required, re-convey or re-transfer the property to defendant No. 1 free from the said mortgage clear of and from all encumbrances created by defendant No. 2 or any person claiming under him or any person under whom he claims, and free from all liability arising from the mortgage or this suit and shall, if so required, deliver up to defendant No. 1 quiet and peaceable possession of the said property; and
(iii) that, upon payment into the Court by defendant No. 1 of the amount due to defendant No. 2 the plaintiff shall be at liberty to apply for payment to him of the sum declared due to him together with any subsequent costs of the suit and other costs, charges and expenses, as may be payable under rule 10, together with such subsequent interests as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908; and that the balance, if any, shall then be paid to defendant No. 2; and that if the amount paid into the Court be not sufficient to pay in full the sum due to the plaintiff, the plaintiff shall be at liberty (if such remedy is open to him by the terms of the mortgage and is not barred by any law for the time being in force) to apply for a personal decree against as defendant No. 2 for the amount of the balance. 3. And it is further ordered and decreed that if defendant No. 2 pays into Court to the credit of this
suit the amount adjudged due to the plaintiff, the plaintiff shall bring into the Court all documents, etc., [as in sub-clause (ii) of clause 2].
4. And it is hereby further ordered and decreed that, in default of payment by defendant Nos. 1 and 2 as aforesaid, the plaintiff may apply to the Court for a final decree for sale, and on such application being made the mortgaged property or a sufficient part thereof shall be directed to be sold; and that for the purposes of such sale the plaintiff and defendant No. 2 shall produce before the Court or such officer as it appoints, all documents in their possession or power relating to the mortgaged property.
5. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of the sale) first in payment of the amount due to the plaintiff as specified in clause 1 above with such costs of the suit and other costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order) XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be applied in payment of the amount due to defendant No. 2; and that, if any balance be left, it shall be paid to defendant No. 1 or other persons entitled to receive the same.
6. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient for payment in full of the amounts payable to the plaintiff and defendant No. 2, the plaintiff or defendant No. 2, or both of them, as the case may be, shall be at liberty (if such remedy is open under their respective mortgages and is not barred by any law for the time being in force) to apply for a personal decree against defendant No. 2 or defendant No. 1 (as the case may be) for the amount of the balance.
7. And it is hereby further ordered and decreed that, if defendant No. 2 pays into Court to the credit of this suit the amount adjudged due to the plaintiff, but defendant No. 1 makes default in payment of the amount due to defendant No. 2, defendant No. 2 shall be at liberty to apply to the Court for a final decree for foreclosure or sale (as the case may be)—(declarations in the ordinary form to be introduced according to the nature of defendant No. 2’s mortgage and the remedies open to him thereunder).
8. And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
Schedule
(Description of the mortgaged property.)
No. 12
DECREE FOR RECTIFICATION OF INSTRUMENT
(Title)
IT is hereby declared that ……………. , dated the ……………. day of …………… 20 ….... , does not truly express the intention of the parties to such …………………….
And it is decreed that the said ……………….. be rectified by …………………..
Here insert name of proper officer.
No. 13
DECREE TO SET ASIDE A TRANSFER IN FRAUD OF CREDITORS
(Title)
IT is hereby declared that the …………… , dated the …………… day of ………. 20 …….. , and made between …………… and ……….. , is void as against the plaintiff and all other the creditors, if any, of the defendant.
No. 14
INJUNCTION AGAINST PRIVATE NUISANCE
(Title)
LET the defendant ………………. , his agents, servants and workmen, be perpetually restrained from burning, or causing to be burnt, any bricks on the defendant’s plot of land marked B 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 as belonging to and being occupied by the plaintiff.
No. 15
INJUNTION AGAINST BUILDING HIGHER THAN OLD LEVEL
(Title)
LET the defendant …………….. , his contractors, agents and workmen, be perpetually restrained from continuing to erect upon his premises ………………… any house or building of a greater height than the buildings which formerly stood upon his said premises and which have been recently pulled down, so or in such manner as to darken, injure or obstruct such of the plaintiff’s windows in his said premises as are ancient lights.
No.16
INJUNCTION RESTRAINING USE OF PRIVATE ROAD
(Title)
LET the defendant …………….. his agents, servants and workmen, be perpetually restrained from using or permitting to be used and part of the lane at …………… , the soil of which belongs to the plaintiff, as a carriage-way for the passage of carts, carriages or other vehicles, either going to or from the land marked B in the annexed plan or for any purpose whatsoever.
No. 17
PRELIMINARY DECREE IN AN ADMINISTRATION-SUIT
(Title)
IT is ordered that the following accounts and inquiries be taken and made; that is to say :—
In creditor’s suit—
1. That an account be taken of what is due to the plaintiff and all other the creditors of the deceased.
In suits by legatees—
2. That an accounts be taken of the legacies given by the testators will, In suits by next-of-kin—
3. That an inquiry be made and account taken of what or of what share, if any, the plaintiff is entitled to as next-of-kin [or one of the next-of-kin] of the intestate.
[After the first paragraph, the decree will, where necessary, order, in a creditor’s suit, inquiry and accounts for legatees, heirs-at-law and next-of-kin. In suits by claimants other than creditors, after the first paragraph, in all cases, an order to inquire and take an account of creditors will follow the first paragraph and such of the others as may be necessary will follow, omitting the first formal words. The form is continued as in a creditor’s suit.]
4. An account of the funeral and testamentary expenses.
5. An account of the movable property of the deceased come to the hands of the defendant, or to the hands of any other person by his order or for his use.
6. An inquiry what part (if any) of the movable property of the deceased is outstanding and undisposed of.
7. And it is further ordered that the defendant do, on or before the……..day……..of next, pay into, Court all sums of money which shall be found to have come to his hands, or to the hands of any person by his order or for his use.
8. And that if the ………….. * shall find it necessary for carrying out the objects of the suit to sell any part of the movable property of the deceased that the same be sold accordingly, and the proceeds paid into Court.
9. And that Mr. E. F. be receiver in the suit (or proceeding) and receive and get in all outstanding debts and outstanding movable property of the deceased, and pay the same into the hands of the ……….. *(and shall give security by bond for the due performance of his duties to the amount of ……….. rupees).
10. And it is further ordered that if the movable property of the deceased be found insufficient for carrying out the objects of the suit, then the following further inquiries be made, and accounts taken, that is to say—
(a) an inquiry what immovable property the deceased was seized of or entitled to at the time of his death;
(b) an inquiry what are the encumbrances (if any) affecting the immovable property of the deceased or any part thereof;
(c) an account, so far as possible, of what is due to the several incumbrancers, and to include a statement of the priorities of such of the incumbrancers as shall consent to the sale hereinafter directed. 11. And that the immovable property of the deceased, or so much thereof as shall be necessary to
make up the fund in Court sufficient to carry out the object of the suit, be sold with the approbation of the Judge, free from incumbrances (if any) of such incumbrancers as shall consent to the sale and subject to the incumbrances of such of them as shall not consent.
12. And it is ordered that G. H. shall have the conduct of the sale of the immovable property, and shall prepare the conditions and contracts of sale subject to the approval of the …………… * and that in case any doubt or difficulty shall arise the papers shall be submitted to the Judge to settle.
13. And it is further ordered that, for the purpose of the inquiries hereinbefore directed, the ………. *shall advertise in the newspapers according to the practice of the Court, or shall make such inquiries in any other way which shall appear to the …....……….. *to give the most useful publicity to such inquiries.
14. And it is ordered that the above inquiries and accounts be made and taken, and that all other acts ordered to be done be completed, before the day of ……………. and that the ………………* do certify the result of the injuries, and the accounts, and that all other acts ordered are completed, and have his certificate in that behalf ready for the inspection of the parties on the ……………. day of …………..
* Here insert name of proper officer.
15. And, lastly, it is ordered that this suit [or proceedings] stand adjourned for making final decree to the day of …………………….
[Such part only of this decree is to be used as is applicable to the particular case.]
No. 18
FINAL DECREE IN AN ADMINISTRATION-SUIT BY A LEGATEE
(Title)
1. It is ordered that the defendant ………….. do, on or before the ………….. day of ………… pay into Court the sum of Rs. ………….. , the balance by the said certificate found to be 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 …………….. day of ………….. to the …………. day of …………, amounting together to the sum of Rs. ………………..
2. Let 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, be paid out of the said sum of Rs. ……………. ordered to be paid into Court as aforesaid, as follows:—
(a) The costs of the plaintiff to Mr. ………………., his attorney [or pleader] or and the costs of the defendant to Mr. ……………… , his attorney [or pleader].
(b) And (if any debts are due) with the residue of the said sum of Rs. …………….. after payment of the plaintiff’s and defendant’s costs as aforesaid let the sums, found to be owing to the several creditors mentioned in the…………….schedule to the certificate, of the …………...*, together with subsequent interest on such of the debts as bear interest, be paid; and, after making such payments, let the amount coming to the several legatees mentioned in the ………………. schedule, together with subsequent interest (to be verified as aforesaid), be paid to them. 3. And if there should then be any residue, let the same be paid to the residuary legatee.
No. 19
PRELIMINARY DECREE IN AN ADMINISTRATION-SUIT BY A LEGATEE, WHERE AN EXECUTOR IS HELD
PERSONALLY LIABLE FOR THE PAYMENT OF LEGACIES
(Title)
1. IT is declared that the defendant is personally liable to pay the legacy of Rs. ………… bequeathed to the plaintiff.
2. And it is ordered that an account be taken of what is due for principal and interest on the said legacy.
3. And it is also ordered that the defendant do, within …………….. weeks after the date of the certificate of the ……..…… *, pay to the plaintiff the amount of what the ………………. * shall certify to be due for principal and interest.
4. And it is ordered that the defendant do pay the plaintiff his costs of suit, the same to be taxed in case the parties differ. * Here insert name of proper officer.
No. 20
FINAL DECREE IN AN ADMINISTRATION-SUIT BY NEXT-OF-KIN
(Title)
1. LET the …………….. * of the said Court tax the costs of the plaintiff and defendant in this suit, and let the amount of the said plaintiff’s costs, when so taxed, be paid by the defendant to the plaintiff out of the sum of Rs. ……………. , the balance, by the said certificate found to be due from the said defendant on account of the personal estate of E.F., the intestate, within one week after the taxation of the said costs by the said ……………….. *and let the defendant retain for her own use out of such sum her costs, when taxed.
2. And it is ordered that the residue of the said sum of Rs. ………………… after payment of the plaintiff’s and defendant’s costs as aforesaid, be paid and applied by defendant as follows:—
(a) Let the defendant, within one week after the taxation of the said costs by the……………. as aforesaid, pay one-third share of the said residue to the plaintiffs A.B., and C.D., his wife, in her right as the sister and one of the next-of-kin of the said E.F., the intestate.
(b) Let the defendant retain for her own use one other third share of said residue, as the mother and one of the next-of-kin of the said E.F., the intestate.
(c) And let the defendant, within one week after the taxation of the said costs by the ………….. as aforesaid, pay the remaining one-third share of the said residue to G. H., as the brother and the other next-of-kin of the said E.F. the intestate.
No. 21
PRELIMINARY DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND THE
TAKING OF PARTNERSHIP ACCOUNTS
(Title)
IT is declared that the proportionate shares of the parties in the partnership are as follows:—
It is declared that this partnership shall stand dissolved [or shall be deemed to have been dissolved] as from the ………….. day of ………… and it is ordered that the dissolution thereof as from that day be advertised in the …………………. Gazette, etc.
And it is ordered that ……………… be the receiver of the partnership-estate and effects in this suit and do get in all the outstanding book-debts and claims of the partnership.
And it is ordered that the following accounts be taken:—
1. An account of the credits, property and effects now belonging to the said partnership;
2. An account of the debts and liabilities of the said partnership;
3. An account of all dealings and transactions between the plaintiff and defendant, from the foot of the settled account exhibited in this suit and marked (A), and not disturbing any subsequent settled accounts.
And it is ordered that the goodwill of the business heretofore carried on by the plaintiff and defendant as in the plaint mentioned and the stock-in-trade, be sold on the premises, and that the ………….. *may, on the application of any of the parties, fix a reserved bidding for all or any of the lots at such sale, and that either of the parties is to be at liberty to bid at the sale.
And it is ordered that the above accounts be taken, and all the other acts required to be done be completed, before the ……….. day of ………, and that the ……….. do certify the result of the accounts, and that all other acts are completed, and have his certificate in that behalf ready for the inspection of the parties on the day of ……….. And, lastly, it is ordered that this suit stand adjourned for making a final decree to the ………. day of …………
* Here insert name of proper officer.
No. 22
FINAL DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND THE TAKING OF PARTNERSHIP ACCOUNT
(Title)
IT is ordered that the fund now in Court, amounting to the sum of Rs. …………… , be applied as follows:—
1. In payment of the debts due by the partnership set forth in the certificate of the*………...….. amounting the whole to Rs. ……………
2. In payment of the costs of all parties in this suit, amounting to Rs. ……………….. [These costs must be ascertained before the decree is drawn up.]
3. In payment of the sum of Rs. …………… to the plaintiff as his share of the partnership-assets, of the sum of Rs. …………….. , being the residue of the said sum of Rs. …………. now in Court, to the defendant as his share of the partnership-assets.
[Or, And that the remainder of the said sum of Rs. …………… be paid to the said plaintiff (or defendant) in part payment of the sum of Rs. ……………… certified to be due to him in respect of the partnership-accounts.]
4. And that the defendant [or plaintiff] do on or before the ………… day of …………. pay to the plaintiff [or defendant] the sum of Rs. ………… being the balance of the said sum of Rs …………. due to him, which will then remain due.
No. 23
DECREE FOR RECOVERY OF LAND AND MESNE PROFIT
(Title)
IT is hereby decreed as follows:—
1. That the defendant do put the plaintiff in possession of the property specified in the schedule hereunto annexed.
2. That the defendant do pay to the plaintiff the sum of Rs. ………..... with interest thereon at the rate of ……….… per cent. per annum to the date of realization on account of mesne profits which have accrued due prior to the institution of the suit.
Or
2. That an inquiry be made as to the amount of mesne profits which have accrued due prior to the institution of the suit.
3. That an inquiry be made as to the amount mesne profits from the institution of the suit until [the delivery of possession to the decree-holder] [the relinquishment of possession by the judgment-debtor with notice to the decree-holder through the Court] [the expiration of three years from the date of the decree].
* Here insert name of proper officer.
Schedule
APPENDIX E
EXECUTION
No. 1
NOTICE TO SHOW CAUSE WHY A PAYMENT OR ADJUSTMENT SHOULD NOT BE RECORDED AS CERTIFIED
(O. XXI, r.2.)
(Title)
WHEREAS in execution of the decree in the above-named suit ………......... has applied to this Court that the sum of Rs. …………….. recoverable under the decree has been paid/adjusted and should be recorded as certified, this is to give you notice that you are to appear before this Court on the ………… day of ……………….20 ………………. , to show cause why the payment/adjustment aforesaid should not be recorded as certified.
GIVEN under my hand and the seal of the Court, this ……………….. day of………. 20…..…..
Judge.
No. 2
PRECEPT (Section 46)
(Title)
Upon hearing the decree-holder it is ordered that this precept be sent to the Court of ……………. at ………………… under section 46 of the Code of Civil Procedure, 1908, with directions to attach the property specified in the annexed schedule and to hold the same pending any application which may be made by the decree-holder for execution of the decree.
Schedule
Dated the ………………….. day of …………… 20
Judge.
No. 3
ORDER SENDING DECREE FOR EXECUTION TO ANOTHER COURT
(O. XXI, r. 6.)
(Title)
WHEREAS the decree-holder in the above suit has applied to this Court for a certificate to be sent to the Court of ………………… at ………………… for execution of the decree in the above suit by the said Court, alleging that the judgment-debtor resides or has property within the local limits, for the jurisdiction of the said Court, and it is deemed necessary and proper to send a certificate to the said Court under Order XXI, rule 6, of the Code of Civil Procedure, 1908, it is…………. Ordered:
That a copy of this order be sent to ....................... with a copy of the decree and of any order which may have been made for execution of the same and a certificate of non-satisfaction. Dated the ……………… day of ……………… 20 ………….
Judge.
No. 4
CERTIFICATE OF NON-SATISFACTION OF DECREE
(O. XXI, r. 6.)
(Title)
C that no24 satisfaction of the decree of this Court in suit No ……………. of 20 …….. , a
ERTIFIED
copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court.
Dated the ……………..day of ……………… 20 …………..
Judge.
No. 5
CERTIFICATE OF EXECUTION OF DECREE TRANSFERRED TO ANOTHER COURT
(O. 21, r. 6.)
(Title)
Number Names Date of Number of Processes Costs of Amount How the Remarks
of suit of application the issued and execution realized case is
and the parties for execution execution dates of disposed
Court by case service of which the thereof
decree
was
passed
1 2 3 4 5 6 7 8 9
Rs a. P. Rs a. P.
Signature of Muharrir in charge.
Signature of Judge.
No. 6
Application for Execution of Decree
(O. XXI, r.11.)
In the Court of
I, …………… decree-holder, hereby apply for execution of the decree herein-below set forth:—
This form is a wide table whose column headings are set vertically in the official PDF and are stored there as images rather than as text. It has been rebuilt here as a readable table; the wording of every heading is reproduced exactly.
| Column | Example entry as printed | |
|---|---|---|
| 1 | No. of Suit. | 789 of 1897 |
| 2 | Names of parties. | A.B. —Plaintiff C.D. —Defendant |
| 3 | Date of Decree. | October 11, 1897 |
| 4 | Whether any appeal preferred from decree. | No. |
| 5 | Payment of adjustment made if any. | None |
| 6 | Previous application, if any, with date and result. | R.s 72–4–0 recorded on application, dated the 4th March, 1899 |
| 7 | Amount with interest due upon the decree or other relief granted thereby together with particulars of any cross decree. | Rs. 314-8-2 principal [interest at 6 per cent, per annum, from date of decree till payment]. |
| 8 | Amount of costs, if any, awarded. | Rs. a. p. As awarded in the decree 47 10 4 Subsequently incurred 8 2 0 Total 55 12 4 |
| 9 | Against whom to be executed. | Against the defendant C.D. |
| 10 | Mode in which the assistance of the Court is required. | [When attachment and sale of movable property is sought.] I, Pray that the total amount of Rs. [together with interest on the principal sum up to date of payment] and the cost of taking out this execution, be realised by attachment and sale of defendant’s movable property as per annexed list and paid to me. [When attachment and sale of immovable property is sought.] I Pray that the total amount of Rs. [together with interest on the principal sum up to date of payment] and the cost of taking out this execution, be realised by the attachment and sale of defendant’s immovable property specified at the foot of this application and paid to me. |
I ………………… declare that what is stated herein is true to the best of my knowledge and belief.
Signed………… , decree-holder.
Dated the ………………….. day of …………….. 20……………
[When attachment and sale of immovable property is sought.]
Description and Specification of Property
The undivided one-third share of the judgment-debtor in a house situated in the village of …………, value Rs. 40, and bounded as follows:—
East by G’s house; west by H’s house; south by public road; north by private lane and J’s house. I ……………….. declare that what is stated in the above description is true to the best of my
knowledge and belief, and so far as I have been able to ascertain the interest of the defendant in the property therein specified.
Signed.................., decree-holder.
No. 7
NOTICE TO SHOW CAUSE WHY EXECUTION SHOULD NOT ISSUE
25[(O. XXI, r.16.)]
(Title)
To
WHEREAS ………………… has made application to this Court for execution of decree in Suit No. ……………… of 20…... , on the allegation that the said decree has been transferred to him by assignment 26[or without assignment], this is to give you notice that you are to appear before this Court ……………. on the ………….. day of …………………. 20………………. , to show cause why execution should not be granted.
GIVEN under my hand and the seal of the Court, this.............day of..............20.........
Judge.
No. 8
WARRANT OF ATTACHMENT OF MOVABLE PROPERTY IN EXECUTION OF A DECREE
FOR MONEY
(O.XXI. r. 30.)
(Title)
To
The Bailiff of the Court
Decree WHEREAS ………..… was ordered by decree of this Court
passed on the……….day of ………… 20 …… in Suit No.
Principal ………… of............20 ………… , to pay to the plaintiff the sum
of Rs. ………… as noted in the margin; and whereas the said
Interest
sum of Rs.…………..has not been paid; These are to command
Costs you to attach the movable property of the said ………… as set
forth in the schedule hereunto annexed, or which shall be
Cost of execution
pointed out to you by the said …………... , and unless the said
Further interest ……………... shall pay to you the said sum of Rs.
……………… together with Rs. ……………. , the cost of this
attachment, to hold the same until further orders from this Court.
Total You are further commanded to return this warrant on or before the……………day of………….20….
with an endorsement certifying the day on which and manner in which it has been executed, or why it has not been executed.
GIVEN under my hand and the seal of the Court, this…………day of………..20.......
Schedule
Judge.
No. 9
WARRANT FOR SEIZURE OF SPECIFIC MOVABLE PROPERTY ADJUDGED BY DECREE
(O. XXI, r. 31.)
(Title)
To
The Bailiff of the Court,
WHEREAS………………….was ordered by decree of this Court passed on the……………… day of……......20…………, in Suit No…………of 20….., to deliver to the plaintiff the movable property (or a……….share in the movable property) specified in the schedule hereunto annexed, and whereas the said property (or share) has not been delivered.
These are to command you to seize the said movable property (or a………share of the said movable property) and to deliver it to the plaintiff or to such person as he may appoint in his behalf.
GIVEN under my hand and the seal of the Court, this………..day of………………20............
Schedule
Judge.
No. 10
NOTICE TO STATE OBJECTIONS TO DRAFT OF DOCUMENT
(O. XXI, r. 34.)
(Title)
To
TAKE notice that on the……..day of………20……., …………………………the decree-holder in the above suit presented an application to this Court that the Court may execute on your behalf a deed of…… whereof a draft is hereunto annexed, of the immovable property specified hereunder, and that the……..day of……………..20……, is appointed for the hearing of the said application, and that you are at liberty to appear on the said day and to state in writing any objections to the said draft.
Description of property
GIVEN under my hand and the seal of the Court, this…………day of .............20...........
Judge.
No. 11
WARRANT TO THE BAILIFF TO GIVE POSSESSION OF LAND, ETC.
(O. XXI, r. 35.)
(Title)
To
The Bailiff of the Court.
WHEREAS the under mentioned property in the occupancy of…………………...has been decreed to ………… the plaintiff in this suit; you are hereby directed to put the said………………in possession of the same, and you are hereby authorized to remove any person bound by the decree who may refuse to vacate the same.
GIVEN under my hand and the seal of the Court, this ...................................... day of ...................... 20...........
Schedule
Judge.
No. 12
NOTICE TO SHOW CAUSE WHY WARRANT OF ARREST SHOULD NOT ISSUE
(O. XXI, r. 37.)
(Title)
To
………………..
………………..
WHEREAS .............................................. has made application to this Court for execution of decree in Suit No. ....................................of 20 .......................... by arrest and imprisonment of your person, you are hereby required to appear before this Court on the ................................... day of ...................... 20 ........................... , to show cause why you should not be committed to the civil prison in execution of the said decree.
GIVEN under my hand and the seal of the Court, this ................................day of ...............................20........
Judge.
No. 13
WARRANT OF ARREST IN EXECUTION
(O. XXI, r. 38.)
(Title)
To
The Bailiff of the Court.
WHEREAS …. ...........was adjudged by a decree of this Court in suit No ......... of .............. 20.... , dated
Decree the………….day of……………20………….,to pay to the decree-
Principal holder the sum of Rs…………as noted in the margin, and whereas
Interest
the said sum of Rs…………...has not been paid to the said decree-
Costs
holder in satisfaction of the said decree, these are to
Execution
command you to arrest the said judgement-debtor and unless
the said judgment-debtor shall pay to you the said sum of Rs……
together with Rs……………for the cost of executing this process,
to bring the said defendant before the Court with all convenient
speed.
You are further commanded to return this warrant on or before
Total
the………………day of………………..20…………….....,with an
endorsement certifying the day on which and manner in which it
has been executed, or the reason why it has not been executed.
Given under my hand and the seal of the Court, this ................................. day of ............................... 20……………
Judge.
No. 14
WARRANT OF COMMITTAL OF JUDGEMENT-DEBTOR TO JAIL
(O.XXI, r. 40.)
(Title)
To
…………..
…………..
The Officer in charge of the Jail at
WHEREAS……………………………………... who has been brought before this Court this……………………………day of……………20…………, under a warrant in execution of a decree which was made and pronounced by the said Court on the day of 20………., and by which decree it was ordered that the said………………….should pay; And whereas the said………………has not obeyed the decree nor satisfied the Court that he is entitled to be discharged from custody; You are hereby 27*** commanded and required to take and receive the said…………………into the civil prison and keep him imprisoned therein for a period not exceeding……………...or until the said decree shall be fully satisfied, or the said………………….shall be otherwise entitled to be released according to terms and provisions of section 58 of the Code of Civil Procedure, 1908; and the Court does hereby fix 28*** per diem as the rate of the monthly allowance for the subsistence of the said………..during his confinement under this warrant of committal.
GIVEN under my signature and the seal of the Court, this…………day of……………20……..
Judge.
No. 15
ORDER FOR THE RELEASE OF A PERSON IMPRISONED IN EXECUTION OF A DECREE
(Sections 58, 59)
(Title)
To
The Officer in charge of the Jail at
UNDER orders passed this day, you are hereby directed to set free…………………..judgment-debtor now in your custody. Dated
Judge.
No. 16
ATTACHMENT IN EXECUTION
PROHIBITORY ORDER, WHERE THE PROPERTY TO BE ATTACHED CONSISTS OF MOVABLE
PROPERTY TO WHICH THE DEFENDANT IS ENTITLED SUBJECT TO A LIEN OR RIGHT OF
SOME OTHER PERSON TO THE IMMEDIATE POSSESSION THEREOF
(O. 21, r. 46.)
(Title)
To
………………
………………
WHEREAS………………………………………………………...has failed to satisfy a decree passed against……………on the………………...day of…………………….20……….., in Suit No.……of 20…, in favour of………….for Rs…………………..;
It is ordered that the defendant be, and is hereby, prohibited and restrained until the further order of this Court, from receiving from……………the following property in the possession of the said, ...............that is to say,…………………………..to which the defendant is entitled, subject to any claim of the said……………, and the said……… is hereby prohibited and restrained, until the further order of this Court, from delivering the said property to any person or persons whomsoever.
GIVEN under my hand and the seal of Court, this………………….day of………….20……………
Judge.
29[No. 16A
AFFIDAVIT OF ASSETS TO BE MADE BY A JUDGMENT-DEBTOR
ORDER 21, RULE 41(2)]
In the Court of A.B………………………….. Decree-holder
Vs.
C…………………………… Judgment-debtor
I of ……………………………….
oath
state on as follows:—
solemn affirmation
1. My full name is …………………………………
(Block capitals)
2. I live at *3. I am........................... married
single
widower (widow)
divorced
4. The following persons are dependent upon me:— 5. My employment, trade or profession is that of carried on by me at .................... I am a director of the following companies:— 6. My present annual/monthly/weekly income, after paying income-tax, is as follows:—
(a) From my employment, trade or profession Rs. ....................
(b) From other sources Rs. .................... *7. (a) I own the house in which I live; its value is Rs. .................... I pay as outgoings by way of rates, mortgage, interest, etc., the annual sum of Rs. ....................
(b) I pay as rent the annual sum of Rs. .................... 8. I possess the following:—
(a) Banking accounts;
(b) Stocks and shares;
(c) Life and endowment policies;
(d) House property; Give particulars
(e) Other property;
(f) Other securities; 9. The following debts are due to me:— (give particulars)
(a) From ……………of……………….
Rs.
(b) From…………….of……………….
Rs. (etc.) Sworn before me, etc.]
No. 17
ATTACHMENT IN EXECUTION
PROHIBITORY ORDER WHERE THE PROPERTY CONSISTS OF DEBTS NOT SECURED
BY NEGOTIABLE INSTRUMENTS
(O. 21, r. 46.)
(Title)
To
WHEREAS………………………...has failed to satisfy a decree passed against…………………….........on the…………….day of………….…20…….….., in Suit No……….of 20………………………., in favour of……for Rs…………; it is ordered that the defendant be, and is hereby, prohibited and restrained, until the further order of this Court, from receiving from you a certain debt alleged now to be due from you to the said defendant, namely,………… and that you, the said……………...be, and you are hereby, prohibited and restrained, until the further order of this Court, from making payment of the said debt, or any part thereof, to any person whomsoever or otherwise than into this Court.
Given under my hand and the seal of the Court, this…………..day of……….20…………
Judge.
No. 18
ATTACHMENT IN EXECUTION PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF SHARES IN THE
CAPITAL OF A CORPORATION
(O. 21, r. 46.)
(Title)
To
Defendant and to……………………., Secretary of Corporation.
WHEREAS………..has failed to satisfy a decree passed against………………..on the…………….day of………20……, in Suit No……………of 20…….., in favour of……………….., for Rs……………….; it is ordered that you, the defendant, be, and you are hereby, prohibited and restrained, until the further order of this Court, from making any transfer of……………...shares in the aforesaid corporation, namely,………. or from receiving payment of any dividends thereon; and you,………the Secretary of the said Corporation, are hereby prohibited and restrained from permitting any such transfer or making any such payment.
GIVEN under my hand and the seal of the Court, this…………day of…………20……..
Judge.
No. 19
ORDER TO ATTACH SALARY OF PUBLIC OFFICER OR SERVANT OF RAILWAY COMPANY OR LOCAL AUTHORITY
(O. 21, r. 48.)
(Title)
To
WHEREAS……………………, judgment-debtor in the above-named case; is a (describe office of judgment-debtor) receiving his salary (or allowances) at your hands; and whereas………………, decree-holder in the said case, has applied in this Court for the attachment of the salary (or allowances) of the said……………to the extent of…………due to him under the decree; You are hereby required to withhold the said sum of………..from the salary of the said……..in monthly instalments of……and to remit the said sum (or monthly instalments) to this Court.
GIVEN under my hand and the seal of the Court, this……….day of…………20..............
Judge.
No. 20
ORDER OF ATTACHMENT OF NEGOTIABLE INSTRUMENT
(O. 21, r. 51.)
(Title)
To
The Bailiff of the Court,
WHEREAS an order has been passed by this Court on the……………..day of……….20……….., for the attachment of…………; You are hereby directed to seize the said…………………and bring the same into Court.
GIVEN under my hand and the seal of the Court, this………….day of……………20……….
Judge.
No. 21
PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF MONEY OR OF ANY SECURITY IN THE
CUSTODY OF A COURT OF JUSTICE OR 30[PUBLIC OFFICER]
(O. 21, r. 52.)
(Title)
To
……………….
………………. Sir,
The plaintiff having applied, under rule 52 of Order XXI of the Code of Civil Procedure, 1908, for an attachment of certain money now in yours hands (here state how the money is supposed to be in the hands of the person addressed, on what account, etc.), I request that you will hold the said money subject to the further order of this Court.
I have the honour to be,
Sir,
Your most obedient Servant.
Dated the……….day of………20……… Judge.
No. 22
NOTICE OF ATTACHMENT OF A DECREE TO THE COURT WHICH PASSED IT
(O. 21, r. 53.)
(Title)
To
The Judge of the Court of................ Sir,
I have the honour to inform you that the decree obtained in your Court on the ……………………day of…........…….20,……..by…….in Suit No………of 20,....................,in, which, he was……….………and ………….was…………has been attached by this Court on the application of……………………., the……….in the suit specified above. You are therefore requested to stay the execution of the decree of your Court until you receive an intimation from this Court that the present notice has been cancelled or until execution of the said decree is applied for by the holder of the decree now sought to be executed or by his judgment-debtor.
I have the honour, etc.
Judge.
Dated the……………….day of…….20………..
No. 23
NOTICE OF ATTACHMENT OF A DECREE TO THE HOLDER OF THE DECREE
(O. 21, r. 53.)
(Title)
To WHEREAS an application has been made in this Court by the decree-holder in the above suit for the attachment of a decree obtained by you on the………....................day of……......20..............................., in the Court of……………….in Suit No…….of 20.........., in which………….was………….and……….was ……………………; It is ordered that you, the said………..., be, and you are hereby, prohibited and restrained, until the further order of this Court, from transferring or charging the same in any way.
GIVEN under my hand and the seal of the Court, this……….day of………….20………….
Judge.
No. 24
ATTACHMENT IN EXECUTION
PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF IMMOVABLE PROPERTY
(O. 21, r. 54.)
(Title)
To
..................................................................................Defendant
WHEREAS you have failed to satisfy a decree passed against you on the……………………….........day
of…………..20……….., in Suit No……….of………20............., in favour of………………………for Rs…………; It is ordered that you, the said………….., be, and you are hereby, prohibited and restrained, until the further order of this Court, from transferring or charging the property specified in the Schedule hereunto annexed, by sale, gift or otherwise, and that all persons be, and that they are hereby, prohibited from receiving the same by purchase, or gift otherwise.
31[It is also ordered that you should attend Court on the…………………………………………….day
of …………..20………, to take notice of the date fixed for settling the terms of the proclamation of sale.]
GIVEN under my hand and seal of the Court, this…………day of………20………….
Schedule
Judge.
No. 25
ORDER FOR PAYMENT TO THE PLAINTIFF, ETC., OF MONEY, ETC., IN THE HANDS OF A THIRD PARTY
(O.21, r. 56.)
(Title)
To
…………
………..
WHEREAS the following property.....................................has been attached in execution of a decree in Suit No……………….of 20………, passed on the……………day of…………….20...................,in favour of………..for Rs........................………………….
It is ordered that the property so attached, consisting of Rs…………….in money and Rs......…………..in currency-notes, or a sufficient part thereof to satisfy the said decree, shall be paid over by you, the said…………..to………….
GIVEN under my hand and the seal of the Court, this……………………day of………20..........
Judge.
No. 26
NOTICE TO ATTACHING CREDITOR
(O. 21, r. 58.)
(Title)
To
…………
…………
WHEREAS…………………………...has made application to this Court for the removal of attachment on………….placed at your instance in execution of the decree in Suit No………………of 20......... this is to give you notice to appear before this Court on………….., the………….day of……..20………..., either in person or by a pleader of the Court duly instructed to support your claim, as attaching creditor.
GIVEN under my hand and the seal of the Court, this………..day of……….20...........
Judge.
No. 27
WARRANT OF SALE OF PROPERTY IN EXECUTION OF A DECREE FOR MONEY
(O. 21, r. 66.)
(Title)
To
…………
…………
The Bailiff of the Court.
THESE are to command you to sell by auction, after giving…………day’s previous notice, by affixing the same in this Court-house, and after making due proclamation, the…………..property attached under a warrant from this Court, dated the…………day of………….20................ , in execution of a decree in favour of……………in Suit No………….of 20............, or so much of the said property as shall realize the sum of Rs…………………..., being the………………of the said decree and costs still remaining unsatisfied.
You are further commanded to return this warrant on or before the………….day of………….
…….20…….. with an endorsement certifying the manner in which it has been executed, or the
reason why it has not been executed.
GIVEN under my hand and the seal of the Court, this………..day of………20...........
Judge.
No. 28
NOTICE OF THE DAY FIXED FOR SETTLING A SALE PROCLAMATION
(O. 21, r. 66.)
(Title)
To
......................................................................................................... Judgment-debtor.
WHEREAS in the above-named suit……………………….., the decree-holder, has applied for the sale of……………… You are hereby informed……………………that the…………..day of………… 20……, has been fixed for settling the terms of the proclamation of sale.
GIVEN under my hand and the seal of the Court, this…………… day of…………20………..
Judge.
No. 29
PROCLAMATION OF SALE
(O. 21, r. 66)
(Title)
(1) Suit No………………….of 20……….., decided by the………..of………in which was plaintiff and was defendant.—Notice is hereby given that, under rule 64 of Order XXI of the Code of Civil Procedure, 1908, an order has been passed by this Court for the sale of the attached property mentioned in the annexed schedule, in satisfaction of the claim of the decree-holder in the suit (1) mentioned in the margin, amounting with costs and interest upto date of sale to the sum of………………………….
The sale will be by public auction, and the property will be put up for sale in the lots specified in the schedule. The sale will be of the property of the judgment-debtors above-named as mentioned in the schedule below; and the liabilities and claims attaching to the said property, so far as they have been ascertained, are those specified in the schedule against each lot.
In the absence of any order of postponement, the sale will be held by……………..at the monthly sale commencing at...........O’clock on the……………at…………...., In the event, however, of the debt above specified and of the costs of the sale being tendered or paid before the knocking down of any lot, the sale will be stopped.
At the sale the public generally are invited to bid, either personally or by duly authorized agent. No bid by, or on behalf of, the judgment-creditors above-mentioned, however, will be accepted, nor will any sale to them be valid without the express permission of the Court previously given. The following are the further.
Conditions of sale
1. The particulars specified in the schedule below have been stated to the best of the information of the Court, but the Court will not be answerable for any error, mis-statement or omission in this proclamation.
2. The amount by which the biddings are to be increased shall be determined by the officer conducting the sale. In the event of any dispute arising as to the amount bid, or as to the bidder, the lot shall at once be again put up to auction.
3. The highest bidder shall be declared to be the purchaser of any lot, provided always that he is legally qualified to bid, and provided that it shall be in the discretion of the Court or officer holding the sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to make it advisable to do so.
4. For reasons recorded, it shall be in the discretion of the officer conducting the sale to adjourn it subject always to the provisions of rule 69 of Order XXI.
5. In the case of movable property, the price of each lot shall be paid at the time of sale or as soon after as the officer holding the sale directs, and in default of payment the property shall forthwith be again put up and re-sold.
6. In the case of immovable property, the person declared to be the purchaser shall pay immediately after such declaration a deposit of 25 per cent. on the amount of his purchase-money to the officer conducting the sale, and in default of such deposit the property shall forthwith be put up again and re-sold.
7. The full amount of the purchase-money shall be paid by the purchaser before the Court closes on the fifteenth day after the sale of the property, exclusive of such day, or if the fifteenth day be a Sunday or other holiday, then on the first office day after the fifteenth day.
8. In default of payment of the balance of purchase-money within the period allowed, the property shall be re-sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of the sale, may, if the Court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold.
GIVEN under my hand and the seal of the Court, this………….day of……….20……..
Judge.
Schedule of Property
Number of Description of pro- The revenue Detail of Claims, if any, 32[The value The value of the lot perty to be sold, assessed upon the any which have been put of the pro- property as
with the name of estate or part of the encum- forward to the pro- perty as stated by the
each owner where estate, if the brances to perty and any other stated by the judgment-
there are more property to be sold which the known particulars decree holder debtor.]
judgment debtors is an interest in an property is bearing on its
than one estate or a part of liable nature and value
an estate paying
revenue to
Government
No. 30
ORDER ON THE NAZIR FOR CAUSING SERVICE OF PROCLAMATION OF SALE
(O. 21, r. 66)
(Title)
To
The Nazir of the Court.
WHEREAS an order has been made for the sale of the property of the judgment-debtor specified in the schedule hereunder annexed, and whereas the………….day of………20..........., has been fixed for the sale of the said property,………. copies of the proclamation of sale are by this warrant made over to you, and you are hereby ordered to have the proclamation published by beat of drum within each of the properties specified in the said schedule, to affix a copy of the said proclamation on a conspicuous part of each of the said properties and afterwards on the Court-house, and then to submit to this Court a report showing the dates on which and the manner in which the proclamations have been published.
Dated the…………. day of………………20……….
Schedule
Judge.
No. 31
CERTIFICATE BY OFFICER HOLDING A SALE OF THE DEFICIENCY OF PRICE ON A RE-SALE OF PROPERTY
BY REASON OF THE PURCHASER’S DEFAULT
(O. 21, r. 71)
(Title)
Certified that at the re-sale of the property in execution of the decree in the above-named suit, in consequence of default on the part of…, purchaser, there was a deficiency in the price of the said property amounting to Rs……………………., and that the expenses attending such re-sale amounted to Rs……. , making a total of Rs……………, which sum is recoverable from the defaulter.
Dated the…………. day of………… 20……..
Officers holding the sale.
No. 32
NOTICE TO PERSON IN POSSESSION OF MOVABLE PROPERTY SOLD IN EXECUTION
(O.21, r. 79)
(Title)
To
……………
……………
WHEREAS……………………...has become the purchaser at a public sale in execution of the decree in the above suit of………..now in your possession, you are hereby prohibited from delivering possession of the said……. to any person except the said………
GIVEN under my hand and the seal of the Court, this…………day of…………20……..
Judge.
No. 33
PROHIBITORY ORDER AGAINST PAYMENT OF DEBTS SOLD IN EXECUTION
TO ANY OTHER THAN THE PURCHASER
(O. 21, r. 79)
(Title)
To
……………
and to
…………… WHEREAS……………has become the purchaser at a public sale in execution of the decree in the
above suit of………….. being debts due from you……………to you…………….; It is ordered that you ....... be, and you are hereby, prohibited from receiving, and you……………………...from making payment of, the said debt to any person or persons except the said…………..
GIVEN under my hand and the seal of the Court, this…………day of………..20……..
Judge.
No. 34
PROHIBITORY ORDER AGAINST THE TRANSFER OF SHARE SOLD IN EXECUTION
(O. 21, r. 79)
(Title)
To
........................................and,.................................. Secretary of.........................................Corporation.
WHEREAS………….has become the purchaser at a public sale in execution of the decree, in the above suit, of certain shares in the above Corporation, that is to say, of…………………..standing in the name of you……………; It is ordered that you……………….be, and you are hereby, prohibited from making any transfer of the said shares to any person except the said…………………, the purchaser aforesaid, or from receiving any dividends thereon; and you……………, Secretary of the said Corporation, from permitting any such transfer or making any such payment to any person except the said……………..., the purchaser aforesaid. GIVEN under my hand and the seal of the Court, this………..day of …………..20………
Judge.
No. 35
CERTIFICATE TO JUDGMENT-DEBTOR AUTHORISING HIM TO MORTGAGE, LEASE OR SELL PROPERTY
(O. 21, r. 83)
(Title)
To
…………
………… WHEREAS in excecution of the decree passed in the above suit an order was made on the…………day
of……………..20…….., for the sale of the under-mentioned property of the judgment-debtor…....., and whereas the Court has, on the application of the said judgment-debtor, postponed the said sale to enable him to raise the amount of the decree by mortgage, lease or private sale of the said property or of some part thereof:
This is to certify that the Court doth hereby authorize the said judgment-debtor to make the proposed mortgage, lease or sale within a period of……. from the date of this certificate; provided that all monies payable under such mortgage, lease or sale shall be paid into this Court and not to the said judgment-debtor.
Description of property
GIVEN under my hand and the seal of the Court, this…………day of………..20…..
Judge.
No. 36
NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE
(O. 21, rr. 90, 92)
(Title)
To
…………
…………
WHEREAS the under-mentioned property was sold on the……….day of……………... 20……. …..., in execution of the decree passed in the above named suit, and whereas…………………, the decree-holder [or judgment-debtor], has applied to this Court to set aside the sale of the said property on the ground of a material irregularity [or fraud] in publishing [or conducting] the sale, namely, that…………….
Take notice that if you have any cause to show why the said application should not be granted, you should appear with your proofs in this Court on the…………day of…………20........., when the said application will be heard and determined.
GIVEN under my hand and the seal of the Court, this…………day of………….20……
Description of property
Judge.
No. 37
NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE
(O. 21, rr. 91, 92.)
(Title)
To
……………
……………
WHEREAS……………the purchaser of the under-mentioned property sold on the……………… day of ……20………, in execution of the decree passed in the above-named suit, has applied to this Court to set aside the sale of the said property on the ground that…………… , the judgment-debtor, had no saleable interest therein.
Take notice that if you have any cause, to show why the said application should not be granted, you should appear with your proofs in this Court on the…………………… day of…………20........., when the said application will be heard and determined.
Given under my hand and the seal of the Court, this…………day of…………20…….
Description of property
Judge.
No. 38
CERTIFICATE OF SALE OF LAND
(O. 21, r. 94)
(Title)
This is to certify that…………………..has been declared the purchaser at a sale by public auction on the…………………………day of………….20………of………………..in execution of decree in this and that the said sale has been duly confirmed by this Court.
Given under my hand and the seal of the Court, this…………day of…………20……
Judge.
No. 39
ORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A SALE IN EXECUTION
(O. 21, r. 95.)
(Title)
To
The Bailiff of the Court.
WHEREAS…………………………………..has become the certified purchaser of…………………..at a sale in execution of decree in Suit No……………of……………..20………..; You are hereby ordered to put the said……………, the certified purchaser, as aforesaid, in possession of the same.
Given under my hand and the seal of the Court, this…………day of…………20……..
Judge.
No. 40
SUMMONS TO APPEAR AND ANSWER CHARGE OF OBSTRUCTING EXECUTION OF DECREE
(O. 21, r. 97)
(Title)
To
...................
...................
WHEREAS……………………………,the decree-holder in the above suit, has complained to this Court that you have resisted (or obstructed) the officer charged with the execution of the warrant for possession;
You are hereby summoned to appear in this Court on the……………day of……………20……......... at………………A.M., to answer the said complaint.
Given under my hand and the seal of the Court, this………………………day of…………20……….
Judge.
No. 41
WARRANT OF COMMITTAL
(O. 21, r. 98)
(Title)
To
The Officer in Charge of the Jail at………………...............................................................
WHEREAS the under-mentioned property has been decreed to………………, the plaintiff in this suit, and whereas the Court is satisfied that…………………without any just cause resisted (or obstructed) and is still resisting (or obstructing) the said……….. …………….in obtaining possession of the property, and whereas the said……………..has made application to this Court that the said…………….be committed to the Civil prison;
You are hereby commanded and required to take and receive the said…………………... into the civil prison and to keep him imprisoned therein for the period of………….days.
GIVEN under my hand and the seal of the Court, this………….day of……………………20……..
Judge.
No. 42
AUTHORITY OF THE COLLECTOR TO STAY PUBLIC SALE OF LAND
(Section 72)
(Title)
To
…………,
………………………………Collector of……………………………….
SIR,
In answer to your communication No.………………., dated……………………..,representing that the sale in execution of the decree in this suit of…………………………….land situate within your district is objectionable, I have the honour to inform you that you are authorised to make provision for the satisfaction of the said decree in the manner recommended by you.
I have the honour to be,
SIR,
Your obedient servant,
Judge.
APPENDIX F
SUPPLEMENTAL PROCEEDINGS
No. 1
WARRANT OF ARREST BEFORE JUDGMENT
(O. 38, r. 1)
(Title)
To
The Bailiff of the Court.
WHEREAS………………………., the plaintiff in the above suit, claims the sum of Rs. …………
as noted in the margin, and has proved to the satisfaction of the Court
that there is probable cause for believing that the
Principal
defendant………………………is about to……………….;These are to
command you to demand and receive from the said……………..the
sum of Rs………………..as sufficient to satisfy the plaintiff’s claim,
and unless the said sum of Rs.……………… ...is forthwith delivered to
Interest you by or on behalf of the said………………………,to take the
said……………………………………………into custody, and to bring
him before this Court, in order that he may show cause why he should
not furnish security to the amount of Rs. ………………….for his
Costs
personal appearance before the Court, until such time as the said suit
shall be fully and finally disposed of, and until satisfaction of any
decree that may be passed against him in the suit.
TOTAL GIVEN under my hand and the seal of the Court, this……………………. Day of ……………20…
Judge.
No. 2
SECURITY FOR APPEARANCE OF A DEFENDANT ARRESTED BEFORE JUDGMENT
(O. 38, r. 2.)
(Title)
WHEREAS at the instance of………………., the plaintiff in the above suit, ………………the defendant, has been arrested and brought before the Court;
And whereas on the failure of the said defendant to show cause why he should not furnish security for his appearance, the Court has ordered him to furnish such security:
Therefore I…………………have voluntarily become surety and do hereby bind myself, my heirs and executors, to the said Court, that the said defendant shall appear at any time when called upon while the suit is pending and until satisfaction of any decree that may be passed against him in the said suit; and in default of such appearance I bind myself, my heirs and executors, to pay to the said Court, at its order, any sum of money that may be adjudged against the said defendant in the said suit.
Witness my hand at………………this……………day of………….20……..
(Signed.)
Witnesses. 1. 2.
No. 3
SUMMONS TO DEFENDANT TO APPEAR ON SURETY’S APPLICATION FOR DISCHARGE
(O . 38, r. 3)
(Title)
To
...................
...................
WHEREAS…………………………………, who became surety on the………………………day of………. 20….for your appearance in the above suit, has applied to this Court to be discharged from his obligation.
You are hereby summoned to appear in this Court in person on the…………………………...........day of………………20……at…….A. M., when the said application, will be heard and determined.
GIVEN under my hand and the seal of the Court, this……………day of…………20…..
Judge.
No. 4
ORDER FOR COMMITTAL
(O. 38, r. 4)
(Title)
To
...................
...................
WHEREAS……………………., plaintiff in this suit, has made application to the Court that security be taken for the appearance of…………………..., the defendant, to answer any judgment that may be passed against him in the suit; and whereas the Court has called upon the defendant to furnish such security, or to offer a sufficient deposit in lieu of security, which he has failed to do; it is ordered that the said defendant……be committed to the civil prison until the decision of the suit; or, if judgment be pronounced against him, until satisfaction of the decree.
GIVEN under my hand and the seal of the Court, this………….day of…………….20………
Judge.
No. 5
ATTACHMENT BEFORE JUDGMENT, WITH ORDER TO CALL FOR SECURITY FOR FULFILMENT OF DECREE
(O. 38, r. 5)
(Title)
To
The Bailiff of the Court.
WHEREAS……………….....has proved to the satisfaction of the Court that the defendant in the above suit………..;
These are to command you to call upon the said defendant………………………………..on or before the…………….day of………………….20………………..either to furnish security for the sum of rupees ……………to produce and place at the disposal of this Court when required……………………….……or the value thereof, or such portion of the value as may be sufficient to satisfy any decree that may be passed against him; or to appear and show cause why he should not furnish security; and you are further ordered to attach the said……………..and keep the same under safe and secure custody until the further order of the Court; and you are further commanded to return this warrant on or before the………………....day of……. 20……. , with an endorsement certifying the date on which and the manner in which it has been executed, or the reason why it has not been executed.
GIVEN under my hand and the seal of the Court, this………………..day of…………20……….
Judge.
No. 6
SECURITY FOR THE PRODUCTION OF PROPERTY
(O. 38, r. 5)
(Title)
WHEREAS at the instance of………………………., the plaintiff in the above suit, …………………... the defendant has been directed by the Court to furnish security in the sum of Rs……………………….to produce and place at the disposal of the Court the property specified in the schedule hereunto annexed;
Therefore I……………...,have voluntarily become surety and do hereby bind myself, my heirs and executors, to the said Court, that the said defendant shall produce and place at the disposal of the Court, when required, the property specified in the said schedule, or the value of the same, or such portion thereof may be sufficient to satisfy the decree; and in default of his so doing, I bind myself, my heirs and executors, to pay to the said Court, at its order, the said sum of Rs…………………or such sum not exceeding the said sum as the said Court may adjudge.
Schedule
Witness my hand at…………………..this…………..day of……………………..20………
(Signed.)
Witnesses.
1.
2.
No. 7
ATTACHMENT BEFORE JUDGMENT, ON PROOF OF FAILURE TO FURNISH SECURITY
(O. 38, r. 6)
(Title)
To
The Bailiff of the Court.
WHEREAS……………………, the plaintiff in this suit, has applied to the Court to call upon…….., the defendant, to furnish security to fulfil any decree that may be passed against him in the suit, and whereas the Court has called upon the said………………………….to furnish such security, which he has failed to do; these are to command you to attach………….., the property of the said………., and keep the same under safe and secure custody until the further order of the Court, and you are further commanded to return this warrant on or before the…………..day of…………….20………………………………with an endorsement certifying the date on which and the manner in which it has been executed, or the reason why it has not been executed.
GIVEN under my hand and the seal of the Court, this……………….day of…………20………
Judge.
No. 8
TEMPORARY INJUNCTIONS
(O. 39, r. 1)
(Title)
Upon motion made unto this Court by……………Pleader of [or Counsel for] the plaintiff A. B., and upon reading the petition of the said plaintiff in this matter filed [this day] [or the plaint filed in this suit on the ………………………day of……………………, or the written statement of the said plaintiff filed on the……………day of………..] and upon hearing the evidence of…………and………………...in support thereof [if after notice and defendant not appearing : add, and also, the evidence of ……………………as to service of notice of this motion upon the defendant C. D.]; This Court doth order that an injunction be awarded to restrain the defendant C. D. his servants, agents and workmen, from pulling down, or suffering to be pulled down, the house in the plaint in the said suit of the plaintiff mentioned [or in the written statement, or petition, of the plaintiff and evidence at the hearing of this motion mentioned], being No. 9, Oilmongers Street, Hindupur, in a Taluk of………... and from selling the materials where of the said house is composed, until the hearing of this suit or until the further order of this Court.
Dated this………………….day of………….20…….
Judge.
[Where the injunction is sought to restrain the negotiation of a note or bill, the ordering part of the order may run thus:—]
………………to restrain the defendant…………….. and……………………..from parting without of the custody of them or any of them or endorsing, assigning or negotiating the promissory note [or bill of exchange] in question dated on or about the…………, etc., mentioned in the plaintiff’s plaint [or petition] and the evidence heard at this motion until the hearing of this suit, or until the further order of this Court.
[In Copyright cases]……………to restrain the defendant C.D., his servants, agents or workmen from printing, publishing or vending a book, called……………………..or any part thereof, until the, etc.
[Where part only of a book is to be restrained] .………….to restrain the defendant C.D., his servants, agents or workmen, from printing, publishing, selling or otherwise disposing of such parts of the book in the plaint [or petition and evidence, etc.] mentioned to have been published by the defendant as hereinafter specified, namely, that part of the said book which is entitled………..and also that part which is entitled…………………….................[or which is contained in page………..to page both inclusive] until ……………….., etc.
[In Patent cases]……………..to restrain the defendant C. D., his agents, servants and workmen, from making or vending any perforated bricks [or as the case maybe] upon the principle of the inventions in the plaintiff's plaint [or petition, etc., or written statement, etc.,] mentioned, belonging to the plaintiffs, or either of them, during the remainder of the respective terms of the patents in the plaintiff's plaint [or as the case may be] mentioned, and from counterfeiting, imitating or resembling the same inventions, or either of them, or making any addition thereto, or subtraction therefrom, until the hearing, etc.
[In cases of Trade marks]……………to restrain the defendant C.D., his servants, agents or workmen, from selling, or exposing for sale, or procuring to be sold, any composition or blacking [or as the case may be] described as or purporting to be blacking manufactured by the plaintiff A.B., in bottles having affixed thereto such labels as in the plaintiff’s plaint [or petition, etc.] mentioned, or any other labels so contrived or expressed as, by colourable imitation or otherwise, to represent the composition or blacking sold by the defendant to be the same as the composition or blacking manufactured and sold by the plaintiff A.B., and from using trade-cards so contrived or expressed as to represent that any composition or blacking sold or proposed to be sold by the defendant is the same as the composition or blacking manufactured or sold by the plaintiff A. B. until the etc.
[To restrain a partner from in any way interfering in the business.]
to restrain the defendant C.D., his agents, and servants, from entering into any contract, and from accepting, drawing, endorsing or negotiating any bill of exchange, note or written security in the name of the partnership-firm of B. and D., and from contracting any debt, buying and selling any goods, and from making or entering into any verbal or written promise, agreement or undertaking, and from doing, or causing to be done, any act, in the name or on the credit of the said partnership-firm of B. and D., or whereby the said partnership- firm can or may in any manner become or be made liable to or for the payment of any sum of money, or for the performance of any contract, promise or undertaking until the, etc.
No. 33[9]
APPOINTMENT OF A RECEIVER
(O . 40, r. 1.)
(Title)
To
...................
................... WHEREAS……………….has been attached in execution of a decree passed in the above suit on the...........
day of…………….20…….., in favour of……….; You are hereby (subject to your giving security to the satisfaction of the Court) appointed receiver of the said property under Order XL of the Code of Civil Procedure, 1908, with full powers under the provisions of that Order.
You are required to render a due and proper account of your receipts and disbursements in respect of the said property on............You will be entitled to remuneration at the rate of…………………per cent. upon your receipts under the authority of this appointment.
GIVEN under my hand and the seal of the Court, this…………..day of……….20
Judge.
No. 34[10]
BOND TO BE GIVEN BY RECEIVER
(O. 40, r. 3.)
(Title)
KNOW all men by these presents, that we,……… and……………..and………………., are jointly and severally bound to…………..of the Court of………in Rs……………..to be paid to the said………or his successor in office for the time being. For which payment to be made we bind ourselves, and each of us, in the whole, our and each of our heirs, executors and administrators, jointly and severally, by these presents.
Dated this…………..day of……………20………..
WHEREAS a plaint has been filed in this Court by……….against……………for the purpose of [here insert the object of suit]:
And whereas the said……………….has been appointed, by order of the above-mentioned Court, to receive the rents and profits of the immovable property and to get in the outstanding movable property of……………..in the said plaint named:
Now the condition of this obligation is such, that if the above-bounden………shall duly account for all and every the sum and sums of money which he shall so receive on account of the rents and profits of the immovable property, and in respect of the movable property, of the said….......at such periods as the said Court shall appoint, and shall duly pay the balances which shall from time to time be certified to be due from him as the said Court hath directed or shall hereafter direct, then this obligation shall be void, otherwise in shall remain in the full force.
Signed and delivered by the above-bounden in the presence of……………………
NOTE.—If deposit of money is made, the memorandum thereof should follow the terms of the condition of the bond.
APPENDIX G
APPEAL, REFERENCE AND REVIEW
No. 1
MEMORANDUM OF APPEAL
(O. 41, r. 1.)
(Title)
The...............................................above-named appeals to the……………………………………... Court at…………………from the decree of……………in Suit No………………of 20………….… dated the……………….day of………………20………,and sets forth the following grounds of objection to the decree appealed from, namely:—
No. 2
SECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF DECREE
(O. 41, r. 5.)
(Title)
To
...................
...................
This security bond on stay of execution of decree executed by………………………...witnesseth:— That……….., the plaintiff in Suit No.…………………of 20...……………having sued ……………….. , the defendant, in this Court and a decree having been passed on the……………….day of………………20……, in favour of the plaintiff, and the defendant having preferred an appeal from the said decree in the……… Court, the said appeal is still pending.
Now the plaintiff decree-holder having applied to execute the decree, the defendant has made an application praying for stay of execution and has been called upon to furnish security. Accordingly I, of my own free will, stand security to the extent of Rs.……………..,mortgaging the properties specified in the Schedule hereunto annexed, and covenant that if the decree of the first Court be confirmed or varied by the Appellate Court’ the said defendant shall duly act in accordance with the decree of the Appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance.
To this effect I execute this security bond this………..day of………………20……….
Schedule
(Signed.)
Witnessed by
1.
2.
No. 3
SECURITY BOND TO BE GIVEN DURING THE PENDENCY OF APPEAL
(O. 41, r. 6.)
(Title)
To
...................
...................
THIS security bond on stay of execution of decree executed by witnesseth:—
That………………., the plaintiff in Suit No………………………………………………of 20……. having sued………………………, defendant, in this Court and a decree having been passed on the ………………….day of …………….20……in favour of the plaintiff, and the defendant having preferred an appeal from the said decree in the................. Court, the said appeal is still pending.
Now the plaintiff decree-holder has applied for execution of the said decree and has been called upon to furnish security. Accordingly I, of my own free will, stand security to the extent of Rs……………...………, mortgaging the properties specified in the schedule hereunto annexed, and covenant that if the decree of the first Court be reversed or varied by the Appellate Court, the plaintiff shall restore any property which may be or has been taken in execution of the said decree and shall duly act in accordance with the decree of the Appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall be realised from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance. To this effect I execute this security bond this……………………day of ……………….20…….
Schedule
(Signed.)
Witnessed by
1.
2.
No. 4
SECURITY FOR COSTS OF APPEAL
(O. 41, r. 10.)
(Title)
To
...................
...................
This security bond for costs of appeal executed by……………….witnesseth:—
This appellant has preferred an appeal from the decree in Suit No. …………………………………of
20…………….…, against the respondent, and has been called upon to furnish security. Accordingly I, of my own free will, stand security for the costs of the appeal, mortgaging the properties specified in the schedule hereunto annexed. I shall not transfer the said properties or any part thereof, and in the event of any default on the part of the appellant, I shall duly carry out any order that may be made against me with regard to payment of the costs of appeal. Any amount so payable shall be realised from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due I and my legal representatives will be personally liable to pay the balance. To this effect, I execute this security bond this ………………….day of…………….20……..
Schedule
Witnessed by
1.
2. (Signed.)
No. 5
INTIMATION TO LOWER COURT OF ADMISSION OF APPEAL
(O. 41, r. 13)
(Title)
To
...................
...................
You are hereby directed to take notice that……………………, the………………….........in the above suit, has preferred an appeal to this Court from the decree passed by you therein on the…………............... day of…………………..20………….
You are requested to send with all practicable despatch all material papers in the suit.
Dated the………………day of………………..20……………….
Judge.
No. 6
NOTICE TO RESPONDENT OF THE DAY FIXED FOR THE HEARING OF THE APPEAL
(O. 41, r. 14)
(Title)
Appeal from the……………of the Court…………………………..of………………………....... dated……………………the……………………..day of…………….20……… To
…………………………………………………………………………………………………… Respondent
Take notice that an appeal from the decree of………………………………in this case has been presented by…………………………………and registered in this Court, and that the…………day of………20……….. has been fixed by this Court for the hearing of this appeal.
If no appearance is made on your behalf by yourself, your pleader, or by some one by law authorised to act for you in this appeal, it will be heard and decided in your absence.
GIVEN under my hand and the seal of the Court, this…………day of……………………20......
Judge.
[NOTE—If a stay of execution has been ordered intimation should be given of the fact on this notice.]
No. 7
NOTICE TO A PARTY TO A SUIT NOT MADE, A PARTY TO THE APPEAL BUT JOINED
BY THE COURT AS A RESPONDENT
(O. 41, r. 20.)
(Title)
To
...................
...................
WHEREAS you were a party in Suit No…………………….of 20……………………, in the Court of,………………………., and whereas the…………………has preferred an appeal to this Court from the decree passed against him in the said suit and it appears to this Court that you are interested in the result of the said appeal:
This is to give you notice that this Court has directed you to be made a respondent in the said appeal and has adjourned the hearing thereof till the…………………….day of……………..20……., at…….. A. M. If no appearance is made on your behalf on the said day and at the said hour the appeal will be heard and decided in your absence.
GIVEN under my hand and the seal of the Court, this…………..day of…………….20……….……….
Judge.
No. 8
MEMORANDUM OF CROSS OBJECTION
(O. 41, r. 22)
(Title)
WHEREAS the………………has preferred an appeal to the…………………Court…………… at…………from the decree of……………...…in Suit No………………………of 20………………….…. dated the……………… day of…………………………..20………………, and whereas notice of the day fixed for hearing the appeal was served………………………………..on the………………………….day of……………………20………………………..….., the files this memorandum of cross objection under rule 22 of Order XLI of the Code of Civil Procedure, 1908, and sets forth the following grounds of objection to the decree appealed from, namely:—
No. 9
DECREE IN APPEAL
(O. 41, r. 35)
(Title)
Appeal No. …………………………….of 20…....................................from the decree of the Court of ………………..dated the……………….day of……………………20…………..
Memorandum of Appeal.
…………………………………………………………………………………………………………….Plaintiff.
versus
…………………………………………………………………………………………………………. Defendant.
The………………………..above-named appeals to the…………………….Court at……….........from the decree of………………….in the above suit dated the……………………….day of…………… 20…………., for the following reasons, namely:—
This appeal coming on for hearing on the…..……………..day of…………….20…………….., before in the presence of………….or the appellant and of……………………….for the respondent, it is ordered—
The costs of this appeal, as detailed below, amounting to Rs…………………………..are to be paid by………………………The cost of the original suit are to be paid by………………………..
GIVEN under my hand this………………………..day of………………………20………….
Judge.
Costs of Appeal
Appellant Amount Respondent Amount
1. Stamp for memorandum of appeal… Rs. a. p. Stamp for power…… Rs. a. p.
2. Do. for power………… Stamp for petition…..
3. Service of processes………. Service of processes…..
4. Pleader’s fee on Rs. ………….. Pleader’s fee on Rs. .…..
Total Total
No. 10
APPLICATION TO APPEAL IN forma pauperis.
(O. 44, r. 1.)
(Title.)
I…………………the…………………………………………above-named, present the accompanying memorandum of appeal from the decree in the above suit and apply to be allowed to appeal as a pauper.
Annexed is a full and true schedule of all the moveable and immoveable property belonging to me with the estimated value thereof.
Dated the…………………….day of…………………..20……………….
(Signed.)
[NOTE.—Where the application is by the plaintiff he should state whether he applied and was allowed to sue in the Court of first instance as a pauper.]
No. 11
NOTICE OF APPEAL IN forma pauperis.
(O. 44, r. 1.)
(Title.)
WHEREAS the above-named…………………………...has applied to be allowed to appeal as a pauper from the decree in the above suit dated the…………………..day of…………........... 20…..……………… and whereas the……………………day of……………20…………………….., has been fixed for hearing the application, notice is hereby given to you that if you desire to show cause why the applicant should not be allowed to appeal as a pauper an opportunity will be given to you of doing so on the afore-mentioned date.
GIVEN under my hand and the seal of the Court, this…………….day of………………………..20....
Judge.
No. 12
NOTICE TO SHOW CAUSE WHY A CERTIFICATE OF APPEAL TO THE 35[SUPREME COURT] SHOULD NOT BE GRANTED.
(O. 45, r. 3.)
(Title)
To
36[TAKE notice that…………………………………………………………………….has applied to this Court for a certificate—
(i) that the case involves a substantial question of law of general importance, and
(ii) that in the opinion of this Court the said question needs to be decided by the Supreme Court.] The ……………………………day of…………………..20……….is fixed for you to show cause why
the Court should not grant the certificate asked for.
GIVEN under my hand and the seal of the Court, this…………….day of…………………………20....
Registrar.
No. 13
NOTICE TO RESPONDENT OF ADMISSION OF APPEAL TO THE 35[SUPREME COURT]
(O. 45, r. 8.)
(Title)
To
WHEREAS…………………………………, the………………..in the above case, has furnished the security
.
and made the deposit required by Order XLV, rule 7, of the Code of Civil Procedure, 1908:
Take notice that the appeal of the said…………………to 37[the Supreme Court] has been admitted on the…………………day of…………………20……………
GIVEN under my hand and the seal of the Court, this…………….. day of…………………..……20…
Registrar.
No. 14
NOTICE TO SHOW CAUSE WHY A REVIEW SHOULD NOT BE GRANTED.
(O. 47, r. 4.)
(Title)
To
TAKE notice that…………………………has applied to this Court for a review of its decree passed on the………………………day of……………………………. 20…………………… in the above case. The ……………….day of……………………..20…………………fixed for you to show cause why the Court should not grant a review of its decree in this case.
GIVEN under my hand and the seal of the Court, this…………….. day of…………………….20....
Judge.
APPENDIX H
MISCELLANEOUS
No. 1
AGREEMENT OF PARTIES AS TO ISSUES TO BE TRIED.
(O. 14, r. 6.)
(Title)
WHEREAS we, the parties in the above suit, are agreed as to the question of fact [or of law] to be decided between us and the point at issue between us is whether a claim founded on a bond, dated the day of……………………….20…………………….and filed as Exhibit………………………..in the said suit, is or is not beyond the statute of limitation (or state the point at issue whatever it may be):
We therefore severally bind ourselves that, upon the finding of the Court in the negative [or affirmative] of such issue,…………………….will pay to the said…………..the sum of Rupees…………………. (or such sum as the Court shall hold to be due thereon), and I, the said……………… , will accept the said sum of Rupees………………..(or such sum as the Court shall hold to be due) in full satisfaction of my claim on the bond aforesaid [or that upon such finding I, the said………………….., will do or abstain from doing, etc., etc.]
Plaintiff.
versus
Defendant.
Witnesses—
1.
2.
Dated the……………………………….day of……………………20……………..
No. 2
NOTICE OF APPLICATION FOR THE TRANSFER OF A SUIT TO ANOTHER COURT FOR TRIAL.
(Section 24.)
In the Court of the District Judge of………………………..No………………………of.......20……. To
WHEREAS an application, dated the………………….day of……………………….20…………..., has been made to this Court by…………….the………………………….in Suit No…………………………of 20……………now pending in the Court of the…………at………………………………………..in which …………………is plaintiff and…………………………...is defendant, for the transfer of the suit for trial to the Court of the……………….at…………………….:—
You are hereby informed that the……………..day of……………………20…………………has been fixed for the hearing of the application, when you will be heard if you desire to offer any objection to it.
GIVEN under my hand and the seal of the Court, this………….day of………………………20………
Judge.
38[No. 2A
LIST OF WITNESSES PROPOSED TO BE CALLED BY PLAINTIFF/DEFENDANT
(Order XVI, rule 1.)
Name of the party Name and address
which proposes to of the witness
Remarks]
call the witness
No. 3
NOTICE OF PAYMENT INTO COURT (O. 24, r.2.).
(Title)
TAKE notice that the defendant has paid into Court Rs. …………………….and says that that sum is sufficient to satisfy the plaintiff’s claim in full.
X. Y., Pleader for the defendant.
To Z., Pleader for the plaintiff.
No. 4
NOTICE To SHOW CAUSE (GENERAL FORM).
(Title)
To
WHEREAS the above-named………………………………………...has made application to this Court that……………………….;
You are hereby warned to appear in this Court in person or by a pleader duly instructed on the …................................day of…………………20......, at……..O’clock in the forenoon, to show cause against the application, failing wherein, the said application will be heard and determined ex parte.
GIVEN under my hand and the seal of the Court, this………………day of……….20………….
Judge.
No. 5
LIST OF DOCUMENTS PRODUCED BY PLANTIFF
DEFENDANT
(O. 13, r. 1.)
(Title)
No. Description of document. Date, if any, which Signature of party or pleader.
the document bears.
1 2 3 4
No. 6
NOTICE TO PARTIES OF THE DAY FIXED FOR EXAMINATION OF A WITNESS ABOUT TO LEAVE THE JURISDICTION.
(O. 18, r. 16.)
(Title)
To
Plaintiff (or defendant).
WHEREAS in the above suit application has been made to the Court by………………………...that the examination of…………………, a witness required by the said…………………………..., in the said suit may be taken immediately; and it has been shown to the Court’s satisfaction that the said witness is about to leave the Court’s jurisdiction (or any other good and sufficient cause to be stated);
Take notice that the examination of the said witness………………………will be taken by the Court on the……………………day of……………………………20…………
Dated the…………day of…………………………………….20…………..
Judge.
No. 7
COMMISSION TO EXAMINE ABSENT WITNESS.
(O. 26, rr. 4, 18.)
(Title)
To
……………..
…………….
WHEREAS the evidence of………………………………………is required by the………………. in the above suit; and whereas……………………………………..; you are requested to take the evidence on interrogatories [or viva voce] of such witness……………………………………………….and you are hereby appointed Commissioner for that purpose. The evidence will be taken in the presence of the parties or their agents if in attendance, who will be at liberty to question the witness on the points specified, and you are further requested to make return of such evidence as soon as it may be taken.
Process to compel the attendance of the witness will be issued by any Court having jurisdiction on your application.
A sum of Rs……………………., being your fee in the above, is herewith forwarded.
GIVEN under my hand and the seal of the Court, this.…………………day of……………….20……...
Judge.
No. 8
LETTER OF REQUEST.
(O. 26, r.5.)
(Title)
(Heading:—To the President and Judges of, etc., etc., or as the case may be.)
WHEREAS a suit is now pending in the………………………………………………...in which A. B. is plaintiff and C.D. is defendant; And in the said suit the plaintiff claims.
(Abstract of claim.)
And whereas it has been represneted to the said Court that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties, that the following persons should be examined as witnesses upon oath touching such matters, that is to say:
E. F., of
G. H., of
I. J., of and
And it appearing that such witnesses are resident within the jurisdiction of your honourable Court;
Now I…………………………………., as the………………………………. of the said Court, have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said Court, you, as the President and Judges of the said……………….,or some one or more of you, will be pleased to summon the said witness (and such other witnesses as the agents of the said plaintiff and defendant shall humbly request you in writing so to summon) to attend at such time and place as you shall appoint before some one or more of you or such other person as according to the procedure of your Court is competent to take the examination of witnesses, and that you will cause such witnesses to be examined upon the interrogatories which accompany this letter of request (or viva voce) touching the said matters in question in the presence of the agents of the plaintiff and defendant, or such of them as shall, on due notice given, attend such examination.
And I further have the honour to request that you will be pleased to cause the answers of the said witnesses to be reduced into writing, and all books, letters, papers and documents produced upon such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal, or in such other way as is in accordance with your procedure, and to return the same, together with such request in writing, if any, for the examination of other witnesses to the said Court.
Note.—If the request is directed to a Foreign Court, the words “through 39[the Ministry of External Affairs of the Government of India] for transmission” should be inserted after the words “other witnesses” in the last line of this form.
No. 9
COMMISSION FOR A LOCAL INVESTIGATION, OR TO EXAMINE ACCOUNTS.
(O. 26, rr. 9,11.)
(Title)
To
WHEREAS it is deemed requisite, for the purposes of this suit, that a commission for......................... should be issued; You are hereby appointed Commissioner for the purpose of............................................
Process to compel the attendance before you of any witnesses, or for the production of any documents whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on your application.
A sum of Rs...................................... , being your fee in the above, is herewith forwarded.
G under my hand and the seal of the Court, this.............................day of......................20……..
IVEN
Judge.
No. 10
COMMISSION TO MAKE A PARTITION (O. 26, r. 13.).
(Title)
To
WHEREAS it is deemed requisite for the purposes of this suit that a commission should be issued to make the partition or separation of the property specified in, and according to the rights as declared in, the decree of this Court, dated the.............................. day of.........................................20......................;You are hereby appointed Commissioner for the said purpose and are directed to make such inquiry as may be necessary, to divide the said property according to the best of your skill and judgment in the shares set out in the said decree, and to allot such shares to be several parties. You are hereby authorized to award sums to be paid to any party by any other party for the purpose of equalizing the value of the shares.
Process to compel the attendance before you of any witness, or for the production of any documents, whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on your application.
A sum of Rs................, being your fee in the above, is herewith forwarded.
GIVEN under my hand and the seal of the Court, this....................day of....................... 20……..
Judge.
40[No.11
NOTICE TO CERTIFICATED, NATURAL, OR, de facto GUARDIAN
(O. XXXII, r. 3.)
(Title)
(Certificated/Natural/de facto Guardian)
To
WHEREAS an application has been presented on the part of the plaintiff*/on behalf of the minor defendant*/in the above suit for the appointment of a guardian for the suit for the minor defendant, you (insert the name of the guardian appointed or declared by Court, or natural guardian, or the person in whose care the minor is) are hereby required to take notice that unless you appear before this Court on or before the day appointed for the hearing of the case and stated in the appended summons, and express your consent to act as guardian for the suit for the minor, the Court will proceed to appoint some other person to act as a guardian for the minor, for the purposes of the said suit.
GIVEN under my hand and the seal of the Court, this........................... day of......................20………..
Judge.
No. 11A
NOTICE TO MINOR DEFENDANT
(Order XXXII, r. 3)
(Title.)
To
Minor Defendant
WHEREAS an application has been presented on the part of the plaintiff in the above suit for the appointment of..............................* as guardian for the suit for you, the minor defendant, you are hereby required to take notice to appear in this Court in person on the....................day of..........20......................,at......................O’clock in the forenoon to show cause against the application, failing which the said application will be heard and determined ex parte.
GIVEN under my hand and the seal of the Court, this ...................... day of ................... 20 .....
Judge.]
No. 12
NOTICE TO OPPOSITE PARTY OF DAY FIXED FOR HEARING EVIDENCE OF PAUPERISM (O. 33, r.6.).
(Title)
To
WHEREAS .. ............................................................................................................................................. has applied to this Court for permission to institute a suit against..........................in forma pauper is under Order XXXIII of the Code of Civil Procedure, 1908; and whereas the Court sees no reason to reject the application; and whereas the.........day of...........20.....................has been fixed for receiving such evidence as the applicant may adduce in proof of his pauperism and for hearing any evidence which may be adduced in disproof thereof:
Notice is hereby given to you under rule 6 of Order XXXIII that in case you may wish to offer any evidence to disprove the pauperism of the applicant, you may do so on appearing in this Court on the said ..................day of ................ 20………...
GIVEN under my hand and the seal of the Court, this ...................... day of ..................... 20……..
Judge.
No. 13
NOTICE TO SURETY OF HIS LIABILITY UNDER A DECREE.
(Section 145.)
(Title.)
To
WHEREAS you..........................................did on.............................................become liable as surety for the performance of any decree which might be passed against the said.............................defendant in the above suit; and whereas a decree was passed on the........day of..........................20...........................against the said defendant for the payment of..........................................................,and whereas application has been made for execution of the said decree against you:
Take notice that you are hereby required on or before the................... day of............................ 20...... to show cause why the said decree should not be executed against you, and if no sufficient cause shall be, within the time specified, shown to the satisfaction of the Court, an order for its execution will be forthwith issued in the terms of the said application.
GIVEN under my hand and the seal of the Court, this........................... day of................ 20…………..
Judge.
41[APPENDIX-I STATEMENT OF TRUTH
(Under First Schedule, Order VI- Rule 15A and Order XI- Rule 3)
I ----- the deponent do hereby solemnly affirm and declare as under:
1. I am the party in the above suit and competent to swear this affidavit.
2. I am sufficiently conversant with the facts of the case and have also examined all relevant documents and records in relation thereto.
3. I say that the statements made in -----paragraphs are true to my knowledge and statements made in - ----paragraphs are based on information received which I believe to be correct and statements made in --- paragraphs are based on legal advice.
4. I say that there is no false statement or concealment of any material fact, document or record and I have included information that is according to me, relevant for the present suit.
5. I say that all documents in my power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by me have been disclosed and copies thereof annexed with the plaint, and that I do not have any other documents in my power, possession, control or custody.
6. I say that the above-mentioned pleading comprises of a total of ----- pages, each of which has been duly signed by me.
7. I state that the Annexures hereto are true copies of the documents referred to and relied upon by me.
8. I say that I am aware that for any false statement or concealment, I shall be liable for action taken against me under the law for the time being in force.
Place:
Date:
DEPONENT
VERIFICATION
I, ………………………. do hereby declare that the statements made above are true to my
knowledge.
Verified at [place] on this [date]
DEPONENT.]
State Amendment
Jammu and Kashmir and Ladakh (UTs).— After Appendix H, insert the following Appendix, namely:—
APPENDIX-I STATEMENT OF TRUTH
(Under First Schedule, Order VI- Rule 15A and Order XI- Rule 3)
I ----- the deponent do hereby solemnly affirm and declare as under:
1. I am the party in the above suit and competent to swear this affidavit.
2. I am sufficiently conversant with the facts of the case and have also examined all relevant documents and records in relation thereto.
3. I say that the statements made in -----paragraphs are true to my knowledge and statements made in -----paragraphs are based on information received which I believe to be correct and statements made in ---paragraphs are based on legal advice.
4. I say that there is no false statement or concealment of any material fact, document or record and I have included information that is according to me, relevant for the present suit.
5. I say that all documents in my power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by me have been disclosed and copies thereof annexed with the plaint, and that I do not have any other documents in my power, possession, control or custody.
6. I say that the above-mentioned pleading comprises of a total of ----- pages, each of which has been duly signed by me.
7. I state that the Annexures hereto are true copies of the documents referred to and relied upon by me.
8. I say that I am aware that for any false statement or concealment, I shall be liable for action taken against me under the law for the time being in force.
Place:
Date:
DEPONENT
VERIFICATION
I, ………………………. do hereby declare that the statements made above are true to my
knowledge.
Verified at [place] on this [date]
DEPONENT.]
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
THE SECOND SCHEDULE.—[Arbitration.] Rep. by the Arbitration Act, 1940 (10 of 1940), s. 49 (1) and III Sch.
THE THIRD SCHEDULE.—[Execution of Decrees by Collectors.] Rep by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 15.
THE FOURTH SCHEDULE.—[Enactments amended.] Rep. by the Repealing and Amending Act, 1952 (48 of 1952), s. 2 and I Sch.
THE FIFTH SCHEDULE.—[Enactments repealed.] Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914). s. 3 and II Sch.
ANNEXURE
THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1976
(104 OF 1976)
* * * * *
CHAPTER V
REPEAL AND SAVINGS
97. Repeal and savings.—(1) Any amendment made, or any provision inserted in the principal Act by State Legislature or a High Court before the commencement of this Act shall except in so far as such amendment or provision is consistent with the provisions of the principal Act as amended by this Act, stand repealed.
(2) Notwithstanding that the provisions of this Act have come into force or the repeal under sub-section (1) has taken effect, and without prejudice to the generality of the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897),—
(a) the amendment made to clause (2) of section 2 of the principal Act by section 3 of this Act shall not affect any appeal against the determination of any such question as is referred to in section 47 and every such appeal shall be dealt with as if the said section 3 had not come into force;
(b) the provisions of section 20 of the principal Act, as amended by section 7 of this Act, shall not apply to or affect any suit pending immediately before the commencement of the said section; and every such suit shall be tried as if the said section 7 had not come into force;
(c) the provisions of section 21 of the principal Act, as amended by section 8 of this Act, shall not apply to or affect any suit pending immediately before the commencement of the said section 8; and every such suit shall be tried as if the said section 8 had not come into force;
(d) the provisions of section 25 of the principal Act, as substituted by section 11 of this Act, shall not apply to or affect any suit, appeal or other proceeding wherein any report has been made under the provisions of section 25 before the commencement of the said section 11; and every such suit, appeal or other proceeding shall be dealt with as if the said section 11 had not come into force;
(e) the provisions of section 34 of the principal Act, as amended by section 13 of this Act, shall not affect the rate at which interest may be allowed on a decree in any suit instituted before the commencement of the said section 13 and interest on a decree passed in such suit shall be ordered in accordance with the provisions of section 34 as they stood before the commencement of the said section 13 as if the said section 13 had not come into force;
(f) the provisions of section 35A of the principal Act, as amended by section 14 of this Act, shall not apply to or affect any proceedings for revision, pending immediately before the commencement of the said section 14 and every such proceeding shall be dealt with and disposed of as if the said section 14 had not come into force;
(g) the provisions of section 60 of the principal Act, as amended by section 23 of this Act, shall not apply to any attachment made before the commencement of the said section 23;
(h) the amendment of section 80 of the principal Act by section 27 of this Act shall not apply to or affect any suit instituted before the commencement of the said section 27; and every such suit shall be dealt with as if section 80 had not been amended by the said section 27;
(i) the provisions of section 82 of the principal Act, as amended by section 28 of this Act, shall not apply to or affect any decree passed against the Union of India or a State or, as the case may be, a public officer, before the commencement of the said section 28 or to the execution of any such decree; and every such decree or execution shall be dealt with as if the said section 28 had not come into force;
(j) the provisions of section 91 of the principal Act, as amended by section 30 of this Act, shall not apply to or affect any suit, appeal or proceeding instituted or filed before the commencement of the said section 30; and every such suit, appeal or proceeding shall be disposed of as if the said section 30 had not come into force;
(k) the provisions of section 92 of the principal Act, as amended by section 31 of this Act, shall not apply to or affect any suit, appeal or proceeding instituted or filed before the commencement of the said section 31; and every such suit, appeal or proceeding shall be disposed of as if the said section 31 had not come into force;
(1) the provisions of section 96 of the principal Act, as amended by section 33 of this Act, shall not apply to or affect any appeal against the decree passed in any suit instituted before the commencement of the said section 33; and every such appeal shall be dealt with as if the said section 33 had not come into force;
(m) the provisions of section 100 of the principal Act, as substituted by section 37 of this Act, shall not apply to or affect any appeal from an appellate decree or order which had been admitted, before the commencement of the said section 37, after hearing under rule 11 of Order XLI; and every such admitted appeal shall be dealt with as if the said section 37 had not come into force;
(n) section 100A, as inserted in the principal Act, by section 38 of this Act shall not apply to or affect any appeal against the decision of a single Judge of a High Court under any Letters Patent which had been admitted before the commencement of the said section 38; and every such admitted appeal shall be disposed of as if the said section 38 had not come into force;
(o) the amendment of section 115 of the principal Act, by section 43 of this Act shall not apply to or affect any proceeding for revision which had been admitted, after preliminary hearing, before the commencement of the said section 43; and every such proceeding for revision shall be disposed of as if the said section 43 had not come into force;
(p) the provisions of section 141 of the principal Act, as amended by section 47 of this Act, shall not apply to or affect any proceeding which is pending immediately before the commencement of the said section 47; and every such proceeding shall be dealt with as if the said section 47 had not come into force;
(q) the provisions of rules 31, 32, 48A, 57 to 59, 90 and 97 to 103 of Order XXI of the First Schedule as amended or, as the case may be, substituted or inserted by section 72 of this Act shall not apply to or affect—
(i) any attachment subsisting immediately before the commencement of the said section 72, or
(ii) any suit instituted before such commencement under rule 63 aforesaid to establish right to attached property or under rule 103 aforesaid to establish possession, or
(iii) any proceeding to set aside the sale of any immovable property,
and every such attachment, suit or proceeding shall be continued as if the said section 72 had not come into force;
(r) the provisions of rule 4 of Order XXII of the First Schedule, as substituted by section 73 of this Act, shall not apply to any order of abatement made before the commencement of the said section 73;
(s) the amendment, as well as substitution, made in Order XXIII of the First Schedule by section 74 of this Act shall not apply to any suit or proceeding pending before the commencement of the said section 74;
(t) the provisions of rules 5A and 5B of Order XXVII, as inserted by section 76 of this Act, shall not apply to any suit, pending immediately before the commencement of the said section 76 against the Government or any public officer; and every such suit shall be dealt with as if the said section 76 had not come into force;
(u) the provisions of rules 1A, 2A and 3 of Order XXVIIA, as inserted or substituted, as the case may be, by section 77 of this Act shall not apply to or affect any suit which is pending before the commencement of the said section 77;
(v) rules 2A, 3A and 15 of Order XXXII of the First Schedule, as amended, or as the case may be, substituted by section 79 of this Act, shall not apply to a suit pending at the commencement of the said section 79 and every such suit shall be dealt with and disposed of as if the said section 79 had not come into force;
(w) the provisions of Order XXXIII of the First Schedule, as amended by section 81 of this Act, shall not apply to or affect any suit or proceeding pending before the commencement of the said section 81 for permission to sue as a pauper; and every such suit or proceeding shall be dealt with and disposed of as if the said section 81 had not come into force;
(x) the provisions of Order XXXVII of the First Schedule, as amended by section 84 of this Act, shall not apply to any suit pending before the commencement of the said section 84; and every such suit shall be dealt with and disposed of as if the said section 84 had not come into force.
(y) the provisions of Order XXXIX of the First Schedule, as amended by section 86 of this Act, shall not apply to or affect any injunction subsisting immediately before the commencement of the said section 86; and every such injunction and proceeding for dis-obedience of such injunction shall be dealt with as if the said section 81 had not come into force;
(z) the provisions of Order XLI of the First Schedule, as amended by section 87 of this Act, shall not apply to or affect any appeal pending immediately before the commencement of the said section 87; and every such appeal shall be disposed of as if the said section 87 had not come into force;
(za) the provisions of Order XLII of the First Schedule, as amended by section 88 of this Act, shall not apply to or affect any appeal from an appellate decree or order which had been admitted, before the commencement of the said section 88, after hearing under rule 11 of Order XLI; and every such admitted appeal shall be dealt with as if the said section 88 had not come into force;
(zb) the provisions of Order XLIII of the First Schedule, as amended by section 89 of this Act, shall not apply to any appeal against any order pending immediately before the commencement of the said section 89; and every such appeal shall be disposed of as if the said section 89 had not come into force. (3) Save as otherwise provided in sub-section (2), the provisions of the principal Act, as amended by this Act,
shall apply to every suit, proceedings, appeal or application, pending at the commencement of this Act or instituted or filed after such commencement, notwithstanding the fact that the right, or cause of action, in pursuance of which such suit, proceeding, appeal or application is instituted or filed, had been acquired or had accrued before such commencement.
* * * *
STATEMENT OF OBJECTS AND REASONS
The Bill is sufficiently explained in the Report of the Special Committee printed below. Simla, 3rd September, 1901 H. ERLE RICHARADS.
Report of the Special Committee appointed consider the amendment of the Civil Procedure Code.
The Hon’ble Mr. Erle Richards, K.C., Chairman,
The Hon’ble the Chief Justice of Bengal, K.C.I.E.
The Hon’ble the Chief Justice of Bombay, K.C.I.E.
The Hon’ble Mr. Ismay, C.S.1.
The Hon’ble Dr. Rashbehari Ghose, C.L.E.
We have the honour to present this report on the proposals to amend the Code of Civil Procedure which have been submitted for our consideration by the Government of India and, annexed to it, a draft Bill amended by us. A detailed account of the alterations introduced in the Bill will be found in the notes on clauses which form the second part of this Report, but we desire by way of preface to make some observations of a general character on the defects in the existing law which appear to us to call for reform and on the more important of those alternations
1. The Code of Civil Procedure of 1882 has been in force for 25 years and the experience of those years had shown that the general lines on which it proceeds are sound. The matters in which it has proved defective are for the most part matters of detail and they arise, as it seems to us, mainly from the fact that it is impossible to frame a fixed and rigid Code in such a manner as to sufficiently meet the varying needs of an area so diversified as that to which the Code applies. In our opinion it is essential that there should be some machinery to enable variations to be introduced in procedure to meet the different requirements of different localities as well as to enable defects to be remedied as they are discovered without resort to the tardy process of legislation. We propose to make provisions for these purposes by a rearrangement of the Code. We recommend that matters of mere machinery should be relegated to rules capable of alteration by each High Court subject to certain check, and that those provisions only should be retained in the body of the Code in which some degree of permanence and uniformity is desirable. This rearrangement is in accordance with precedent and possesses advantages so obvious that it is needless to enlarge upon them.
2. The objection-and as it appears to us the only objection of substance—that can be urged against this proposal is that until the scheme of distribution has become familiar to those who have to administer the Act the change may cause some confusion and familiar numerical references to the present sections will no longer apply. We are sensible that some inconvenience must arise from this cause in the first instance, but this is but a small disadvantage in comparison with the advantages to be obtained by the change, and we cannot think that anyone will seriously contened that such a slight and temporary drawback should stand in the way of a reform which appears to us in other respects to be wholly beneficial.
3. The adoption of this principle has necessarily involved a departure from the arrangement of the present Code, but in other respects we have advisedly adhered as closely as possible to the existing language, the meaning of which is now well understood by Courts and by practitioners. Speaking generally, it may be said that we have only departed from the phraseology of the Code where experience has suggested improvements or competent authority has called for some change. We have refrained from altering the wording merely because it might be capable of improvement: for in any change, even of a verbal character, there is a risk of opening a door to fresh litigation. In the amendments that we have introduced we have endeavoured to state general rules of procedure rather than to provide in detail for every possible contingency; for we hold it to be a sound view that excessive elaboration of details of procedure tends to cramp the actions of the Court and in consequence to encourage technicalities. For this reason we have made no attempt to embody in the Code a digest of the very numerous decisions on the existing sections we have made amendments to meet case law only on points on which there is conflict of authority. And in this connection we desire to point out that at the present time there is even less justification for the enactment of elaborate provisions in regard to procedure than at the time when the code of 1882 was passed. Since then the standard of legal efficiency in the mofussil has been materially raised, and the Principles of procedure are now so well understood that the Courts may be trusted to apply them intelligently in cases for which no provision may be made in terms.
But although we have made the present Code the basis of our draft we have carefully examined the Bill settled by the Select Committee in 1903, and we desire to express our acknowledgements to that Committee for the store of information it contains, and for the materials collected in there Report.
Apart from the rearrangement to which reference has been made we have not introduced many changes of a radical character into the Code.
4. The general nature of some of the amendments we recommend may be conveniently illustrated by a brief examination of the extent to which the various stages of a suit will be affected by them.
A. To begin with it is hoped that the multiplicity of suits will be further curtailed by the new provisions we have inserted to remove limitations which we regard as needless on the comprehensiveness of a suit, and by the wider powers of amendment vested in the courts under the Bill. An adequate check is provided by the power of a Court to interfere where embarrassment is likely to result.
B. Increased facilities have been given for the service of process to which further reference is made in the Notes of Clauses. It is hoped that in the gradual introduction of service by post may be found a solution of one of the principal defects in our legal system.
C. In our opinion it is most necessary that litigants in this country should come to trial with all issues clearly defined, and that cases should not be expanded or grounds shifted without reference to the true facts. For this purpose we think that the present system of pleadings in the mofussil, which is notoriously lax, should be improved, and we have incorporated in the rules an Order on pleadings, which it is hoped will lead to sounder and fairer methods of arriving at the real points in dispute. The forms have been revised and we hope that they will be brought into more general use in the mofussil.
We have not been able within the time at our disposal to make these forms, or the other forms in the Appendix to Schedule I complete: but this is a matter of detail which can be further considered before the Bill is passed into law.
D. It is not possible to secure expedition in the disposal of suits, unless the questions of fact on which there is a real contest are narrowed down as far as possible. As a step towards this, we have incorporated in the rules an Order in which provision is made for the admission not only of documents, but also of facts. It must be left to litigants and their advisers to make adequate use of this Order: but it is hoped that the Courts will encourage the use of it, since it certainly affords a means whereby the two principal evils of litigation, delay and expense, can be materially diminished.
E. We attach much importance to a proper use being made by Courts in the mofussil of the procedure prescribed for the first hearing. The Code as it stands makes provision for the examination of parties by the Court, and we have altered the language so as to compel the production of documents at the first hearing. In our opinion this will act as a substantial check on the fabrication of documentary evidence.
F. The provisions relating to the hearing of suits do not call for material alteration, but we have thought it well to provide expressly for the cases where a party dies between conclusion of the hearing and delivery of judgement. It would obviously be wrong that such an accident should in any way interfere with the disposal of the case, and we have therefore inserted a provision to enable judgment to be pronounced notwithstanding the death.
G. A change of importance has been made in regard to decrees. In the first place, we have inserted an express provision recognizing the distinction between preliminary and final decrees. We hope in this way to afford facilities for checking the delay that now results from the objectionable practice of leaving for determination in execution questions which should be decided by decree. This change should ensure the more expeditious disposal of a class of suits which at present are conspicuous for the delay to which they give rise. Another amendment of importance which we have introduced is in regard to mortgage suits. These are very numerous and involve complicated questions of law. Hitherto some confusion has been occasioned by the co-existence of the provisions of the Transfer of Property Act and of the Code in regard to execution in mortgage-suits. We think that the provisions regulating this matter should be dealt with in their entirety in the Code and we have therefore introduced rules in Order XXXIV to give effect to our view. We propose that the sections of the Transfer of Property Act affected by this change should be repealed. We desire to call the attention of those Provinces to which that Act does not apply to the effect of these changes.
In our opinion it is expedient to give greater assistance to the Courts in the framing of decrees. The importance of this branch of procedure cannot be overrated; it is surrounded by difficulties which are a fruitful source of error and consequently of litigation. We have amplified the provisions of the Code to meet this defect, and have introduced some forms which can be adapted to meet the requirements of individual cases. We think that further forms might be added with advantage before the Bill becomes law.
H. Amongst other matters we have removed limitations which at present exist on the power of appointing Receivers, and have conferred a power to appoint Receivers on Subordinate Courts.
5. Execution.—The subject of execution is, perhaps, one of the most difficult with which we have had to deal. The present system, in the mofussil at any rate, tends to excessive delay and affords facilities for defeating the claims of creditors. At the same time the creditor often has only himself to blame, owing to his own laches in prosecuting his rights. In the Presidency Towns the same objections cannot be fairly raised; the system works well; whilst, in the mofussil, the difficulties arise not so much from the machinery itself, as from the defective manner in which it is worked. One of the most fruitful sources of litigation is the setting aside of execution sales, on the ground of irregularity in the publication of the sale proclamation. It is notorious that in many of these cases the Court’s officer, either through negligence or dishonesty, has not duly published the proclamation, but it is impossible to deal with such cases by any provision in a Code. After a most careful consideration of the Subject, we have not seen our way to any very drastic changes in the present system. We have found ourselves unable to accept the somewhat far reaching proposal of the Committee of 1902 in relation to the execution of decrees by precept: but we are so far in accord with the view expressed by the Committee as to have been able to insert in the Bill, a clause which enables the Court which passed the decree to issue precept to any other Court to attach property of the judgment-debtor, pending execution in the ordinary course. Beyond this we have felt we could not safely go.
We anticipate that there will be a substantial saving of time, and consequent expense, from the provision requiring that mesne profits shall be ascertained by the Court under the decree itself, and not, as now in execution proceedings.
Clause 53 has been introduced to settle a long mooted point upon which there is much diversity to judicial opinion, as to whether or not questions as to the liability of ancestral property in the hands of a son or other descendant to whom it has come otherwise than by descent for the payment of the debt for which the decree was passed, can be determined under clause 47 of the present Bill, corresponding with section 244, of the existing Code. We think they should be.
Other amendments deserving notice relate to (1) the power to break open the outer door the judgment- debtor’s dwelling house; (2) the date from which the purchaser’s title accrues; (3) oral application for immediate execution; (4) the discretion of the Court in the execution of decrees for the restitution of conjugal rights; (5) execution against partnership property; (6) extended facilities for attaching salaries, and (7) powers to decree-holders to carry decrees in to effect at the expense of the judgment-debtor.
We regard the changes made in relation to execution as calculated to materially assist the judgment- creditor in recovering the fruits of his judgment.
6. Arbitration.—Two questions of importance have arisen in connection with this subject: (1) should any of the sections of the Arbitration Act of 1899 be incorporated into the Code: (2) should the right of appeal, as now existing, be altered and, if so, in what direction? We are of opinion that the best course would undoubtedly be to eliminate from the Code all the clauses as to arbitration, and insert them in a new and comprehensive Arbitration Act. There are, perhaps, difficulties as to this at present. We have determined therefore to leave the arbitration clauses much as they are in the present Code: but we have placed them in a Schedule in the hope that at no distant date they may be transferred into a comprehensive Arbitration Act.
In regard to appeals, some change has been made. Upon this question, adopting the view of the Judicial Committee as expressed in Ghulam’s case (I.L.R., 29 Cal., 167) we are strongly in favour of finality in cases of arbitration. If rights of appeal be given, the disappointed party will take advantage of every such right. To meet the difficulty expressed in the case reported in I.L.R., 25 Cal., 141, (which followed many other cases in the Calcutta High Court) we have inserted the words “or being othewise invalid” in sub-section (c) of section 521 of the present Code. If, therefore, either party considers the award is invalid on any ground he can apply to have it set aside. We have thought it right to give one appeal from the opinion expressed by the Court on a special case under section 517, and to allow one appeal as from order under sections 521, 523 and 526. And having regard to the rather wide language of the Judicial Committee in Ghulam's case, we have further thought it advisable to make it clear that an order granting an application either under section 523 or 526 is not be deemed a decree within the meaning of the Code; otherwise there would be a wider right to appeal from orders under these sections than from a decree under section 522. The other alterations deal with the text, rather than with any question of policy, or principle.
7. Suits relating to public matters:—We have inserted a clause to enable actions for public nuisances to be brought, with the consent of the Advocate General irrespective of special damage. It has been represented to us that such a power is needed and we concur in that view.
8. Public charities.—The suggestion has been made on high authority that some express reference should be made in the Code to the power of the Court to apply the Cy-pres doctrine in the settling of schemes. But this power would appear to exist already within its proper limits (Mayor of Lyon’s case, L.R. 3 I.A. 32) and we do not think it necessary to make express reference to it.
It has been represented to us by more than one gentleman whose opinion is entitled to weight, that the power to enquire into the affairs of public charities should be made more extensive. The clause, as it stands, gives sufficient powers to the Courts to direct accounts and to frame schemes when once a suit has been instituted, but it is said that members of the public interested in any public charity ought to have the means of calling for and inspecting accounts without undertaking the burden of a suit, at least in the first instance. We are told that revenues derived from charitable trusts are in some cases very large in amount: that no accounts of their expenditure are ordinarily rendered, and that there is good ground for believing that a considerable portion is misspent or squandered on unless objects.
The Hon’ble Dr. Rashbebari Ghose supports these views and has submitted a clause to give effect to them. It is in the following terms:-
93-A. (1) The Court may also, upon an application by any two or more persons having the like interest and having obtained the like consent, direct any trustee of such charity to cause to be prepared and filed in the Court, within such times as may be with specified in the order, a detailed account of the receipt and disbursements in connection with the trust-property for a period not exceeding three years next preceding the date of the application.
(2) Such accounts, when filed in Court, shall be open to inspection by the public.
(3) A trustee who fails to comply with any such direction shall be removed if a suit for that purpose be instituted, unless he can show good cause for such failure.” We have given to the subject our best consideration and desire to record our sympathy with the
motives of the proposers. But we have not inserted the clause in the Bill because we think that the question is one of policy on which the public opinion of the communities interested should first be obtained. It affects primarily, as we understand, the Hindu and to a less extent, the Muhammadan community. And we should not feel justified in recommending an amendment of the law on such a subject as this unless the leaders of those communities were to express their support of the proposal in unequivocal terms. If it is eventually decided to adopt the amendment then we think that the clause proposed by Dr. Ghose may be accepted.
9. Suits by or against firms.—Attention is directed to the new provision in regard to suits by or against firms, (Order XXX) which will, we hope, prove acceptable to the commercial community.
10. New procedure.—We have given power to provide by Rules for Counter-claims, Third Party Procedure, Summary Procedure in suits for debt or liquidated demands as for instance, rent, or any other definite sum payable under a contract and Originating summons. We are of opinion that these forms of proceeding may usefully be adopted in some areas but that this is a matter which should be left for each High Court to decide.
11. Appeals.—As regards appeals from original decree we have departed but slightly from the existing Code. We have thought it advisable to give legislative sanction to the view that no appeal shall lie from a consent decree, or as to costs except by leave of the Court: but the most important change is that incorporated in clause 97 which renders it obligatory upon a party, who considers himself aggrieved by a preliminary decree, to appeal from that decree, at the risk of being precluded from disputing its correctness on an appeal from the final decree. We feel strongly that this is a most useful provision, as tending to that which is so desirable, viz., finality in litigation.
As regards appeals from appellate decrees the only substantial departure from the existing Code is the insertion of clause 103. Experience has shown the desirability of this clause, the effect of which will be to avoid remands, with their consequent delay and expense.
As regards appeals from orders a comparison of clause 104 of the Bill with section 588 of the existing Code would support a prima facie inference that the right of appeal from Orders had been materially curtailed. But this inference is dispelled on looking at sub-clause (h) of clause 104 which allows an appeal from any Order made under Rules from which an appeal is expressly allowed by Rules. We have gone carefully into the question of the cases in which an appeal should be allowed from these Orders and our conclusion is expressed in the Rules themselves.
12. Rules.—The distribution of the provisions of the Code between the body of the Bill and the Rules is a matter on which opinions may well differ. The general principle on which we have proceeded has been to keep in the body of the Bill those provisions which appear to us to be fundamental and those provisions which confer powers operating outside the Province in which the Court is situated. In some case we have adopted the plan of inserting leading provisions in the bill, stating in general terms the powers of the Court, and of leaving the details to Rules; The result this rearrangement is to reduce the Act, as distinct from Schedules, to 155 clauses. The existing order of sequence has, speaking generally, been maintained but the reduced bulk of the bill has rendered it no longer necessary to reproduce the division into Chapters.
It is Proposed to vest the Power of making Rules in High courts, subject to the control of Local Governments (or in the case of the Calcutta High Court of the Government of India), but we think it most desirable that in exercising this power the Courts should have the advice of representatives of the various branches of the legal profession, and we have accordingly provided that in the case of chartered High Courts and of Chief Courts, Rules shall only be made after those Courts have taken the opinion of the Rule Committee on which there will be representatives of the Bar, of Vakeels or Pleaders and in Presidency Towns of Attornies. In the case of other High Courts power has been given to establish such Rule Committees as the Governor-General in Council may determine. It is believed that Standing Committees of this kind will be of great value. We have thought it better to require the same sanction as is required by the Indian High Courts Act of 1861, in order that the rule making power should correspond with the power conferred under that Act; but we are of opinion that in the interest of uniformity, it is expedient that all amendments of Rules should be communicated to the Government of India and to other High Courts before sanction is given to them. This, we understand, can be effected by executive order.
If our proposal is adopted it will probably be useful to publish annually in every Province some manual corresponding to the English “Annual Practice” containing:-
(1) the Act;
(2) all rules of procedure made under it or under other Acts in the Province;
(3) notes of decisions on the Act and Rules.
13. We are sensible that there may be defects and flaws in the Bill which we appena to this Report. The subject is complicated and technical and the time at our disposal has been limited. We do not doubt therefore that much improvement may be made in the Bill before it is finally passed in to law. But in our opinion it is framed on the right lines. We believe for the reasons we have stated that in any reform of civil Procedure it is essential to introduce some elasticity to give wider powers of control to the High Courts, and to invest them with a larger discretion in regard to the conduct of cases which come before them. Mr. Dikshit, Subordinate Judge from Bombay, has been present throughout our deliberations, and we take this opportunity of acknowledging the help we have derived from his experience of the working of the Code in the mofussil. We desire also to record our acknowledgements of the services of Mr. Law of the Legislative Department who has attended to the clerical and press work to our entire satisfaction
Simla;
August, 31st, 1907. H. ERLE RICHARDS.
Footnotes
41 footnotes from the official text, renumbered consecutively for this page. The grey number is the page of the official PDF.
1. Subs. by the A. O. 1950, for “The Secretary of State or the Federation of India or the Province of……………., as the case may be”. [p. 235]
2. Subs. by Act 104 of 1976, s. 93, for paragraph 2 (w.e.f. 1-2-1977). *Not applicable where suit is instituted by the Advocate-General. [p. 247]
3. Subs. by Act 104 of 1976 s. 93, for “a decree for the balance” (w.e.f. 1-2-1977). [p. 251]
4. added. by Act 104 of 1976, s. 93 (w.e.f. 1-2-1977). [p. 252]
5. See now the Limitation Act, 1963 (36 of 1963). [p. 253]
6. See now the Limitation Act, 1963 (36 of 1963). [p. 256]
7. See now the Limitation Act, 1963 (36 of 1963). [p. 257]
8. See now the Indian Succession Act, 1925 (39 of 1925). [p. 257]
9. Subs. by Act 104 of 1976, s. 94, for certain words (w.e.f. 1-2-1977). [p. 260]
10. Subs. by Act 104 of 1976, s. 94, for Form No. 4 (w.e.f. 1-2-1977). [p. 261]
11. Ins. by s. 94, ibid. (w.e.f. 1-2-1977). [p. 261]
12. Subs. by Act 21 of 1929, s. 8 and Sch., for the original forms 3 to 11. [p. 274]
13. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. [p. 275]
14. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. * Words not required to be deleted. [p. 276]
15. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. [p. 278]
16. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. [p. 279]
17. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. [p. 280]
18. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. [p. 282]
19. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. * Words not required to be deleted. [p. 283]
20. Subs. by Act 21 of 1929, s. 8 and the Sch., for the Forms 3 to 11. * Words not required to be deleted. [p. 284]
21. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. * Words not required to be deleted. [p. 285]
22. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. * Words not required to be deleted. [p. 287]
23. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. * Words not required to be deleted. [p. 290]
24. If partial strike out “no” and State to what extent. [p. 297]
25. Subs. by Act 10 of 1914, s. 2 and I Sch., for (O. XXI, r. 22). [p. 300]
26. Ins. by s. 95, ibid., (w.e.f. 1-2-1977). [p. 300]
27. The words “in the name of the King-Emperor of India,” omitted by the A. O. 1950. [p. 303]
28. The word “annas” omitted by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977). [p. 303]
29. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977). *Strike off the words which are not applicable. [p. 304]
30. Subs. by the A. O. 1937, for “Officer of Government”. [p. 306]
31. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977). [p. 307]
32. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977). [p. 310]
33. The number of the Form, originally misprinted as 6, was corrected by Act 10 of 1914, s. 2 and the First Sch. [p. 320]
34. The number of the Form, originally misprinted as 7, was corrected by Act 10 of 1914, s. 2 and the First Sch. [p. 320]
35. Subs. by the A.O. 1950, for “KING IN COUNCIL”. [p. 327]
36. Subs. by Act 49 of 1973, s. 4, for the former paragraph. [p. 327]
37. Subs. by the A.O. 1950, for “His Majesty in Council”. [p. 327]
38. Ins. by Act 104 of 1976, s. 96 (w.e.f. 1-2-1977). [p. 328]
39. Subs. by the A. O. 1950, for “His Majesty’s Secretary of State for Foreign Affairs”. [p. 330]
40. *Strike off the words which are not applicable. [p. 332]
41. Ins. by Act 28 of 2018, s. 18 (w.e.f. 23-10-2015). [p. 336]
Disclaimer: This page is provided for information and study. It is not legal advice and no lawyer-client relationship arises from reading it. A Code is amended from time to time and State amendments may change how a provision operates in a particular State. Always verify against the current official text before relying on any provision in a filing or an opinion.
Source: The Code of Civil Procedure, 1908 (Act No. 5 of 1908), official text as on 10 January 2026 published by the Legislative Department, Ministry of Law and Justice, Government of India. The bare text of an Act is a Government work under section 2(k) of the Copyright Act, 1957 and its reproduction is permitted. The arrangement of this page, the index and the editorial notes are original work.
