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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate

CPC Orders and Rules: First Schedule

The First Schedule to the Code of Civil Procedure, 1908: all 51 Orders, including the Orders added for commercial disputes. Each rule has its own page with the official text, amendment notes and a plain-English explanation.

Also see: Bharatiya Nyaya Sanhita, 2023 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Specific Relief Act, 1963 · Code of Civil Procedure, 1908 · IPC to BNS Section Converter

Order I: Parties To Suits

  1. 1 Who may be joined as plaintiffs
  2. 2 Power of Court to order separate trial
  3. 3 Who may be joined as defendants
  4. 3A Power to order separate trials where joinder of defendants may embarrass or delay trial
  5. 4 Court may give judgment for or against one or more of joint parties
  6. 5 Defendant need not be interested in all the relief claimed
  7. 6 Joinder of parties liable on same contract
  8. 7 When plaintiff in doubt from whom redress is to be sought
  9. 8 One person may sue or defend on behalf of all in same interest
  10. 8A Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings
  11. 9 Misjoinder and non-joinder
  12. 10 Suit in name of wrong plaintiff
  13. 10A Power of Court to request any pleader to address it
  14. 11 Conduct of suit
  15. 12 Appearance of one of several plaintiffs or defendants for others
  16. 13 Objections as to non-joinder or misjoinder

Order II: Frame Of Suit

  1. 1 Frame of suit
  2. 2 Suit to include the whole claim
  3. 3 Joinder of causes of action
  4. 4 Only certain claims to be joined for recovery of immovable property
  5. 5 Claims by or against executor, administrator or heir
  6. 6 Power of Court to order separate trials
  7. 7 Objections as to misjoinder

Order III: Recognized Agents And Pleaders

  1. 1 Appearances, etc., may be in person, by recognised agent or by pleader
  2. 2 Recognised agents
  3. 3 Service of process on recognised agent
  4. 4 Appointment of pleader
  5. 5 Service of process on pleader
  6. 6 Agent to accept service

Order IV: Institution Of Suits

  1. 1 Suit to be commenced by plaint
  2. 2 Register of suits

Order V: Issue And Service Of Summons

  1. 1 Summons
  2. 2 Copy of plaint annexed to summons
  3. 3 Court may order defendant or plaintiff to appear in person
  4. 4 No party to be ordered to appear in person unless resident within certain limits
  5. 5 Summons to be either to settle issues or for final disposal
  6. 6 Fixing day for appearance of defendant
  7. 7 Summons to order defendant to produce documents relied on by him
  8. 8 On issue of summons for final disposal, defendant to be directed to produce his witnesses
  9. 9 Delivery of summons by Court
  10. 9A Summons given to the plaintiff for service
  11. 10 Mode of service
  12. 11 Service on several defendants
  13. 12 Service to be on defendant in person when practicable, or on his agent
  14. 13 Service on agent by whom defendant carries on business
  15. 14 Service on agent in charge in suits for immovable property
  16. 15 Where service may be on an adult member of defendant’s family
  17. 16 Person served to sign acknowledgement
  18. 17 Procedure when defendant refuses to accept service, or cannot be found
  19. 18 Endorsement of time and manner of service
  20. 19 Examination of serving officer
  21. 19A Simultaneous issue of summons for service by post in addition to personal service (Omitted)
  22. 20 Substituted service
  23. 20A Service of summons by post (Repealed)
  24. 21 Service of summons where defendant resides within jurisdiction of another Court
  25. 22 Service within presidency-towns of summons issued by Courts outside
  26. 23 Duty of Court to which summons is sent
  27. 24 Service on defendant in prison
  28. 25 Service where defendant resides out of India and has no agent
  29. 26 Service in foreign territory through Political Agent or Court
  30. 26A Summonses to be sent to officers to foreign countries
  31. 27 Service on civil public officer or on servant of railway company or local authority
  32. 28 Service on soldiers, sailors or airmen
  33. 29 Duty of person to whom summons is delivered or sent for service
  34. 30 Substitution of letter for summons

Order VI: Pleadings Generally

  1. 1 Pleading
  2. 2 Pleading to state material facts and not evidence
  3. 3 Forms of pleading
  4. 4 Particulars to be given where necessary
  5. 5 Further and better statement, or particulars (Omitted)
  6. 6 Condition precedent
  7. 7 Departure
  8. 8 Denial of contract
  9. 9 Effect of document to be stated
  10. 10 Malice, knowledge, etc
  11. 11 Notice
  12. 12 Implied contract, or relation
  13. 13 Presumptions of law
  14. 14 Pleading to be signed
  15. 14A Address for service of notice
  16. 15 Verification of pleadings
  17. 16 Striking out pleadings
  18. 17 Amendment of pleadings
  19. 18 Failure to amend after order

Order VII: Plaint

  1. 1 Particulars to be contained in plaint
  2. 2 In money suits
  3. 3 Where the subject-matter of the suit is immovable property
  4. 4 When plaintiff sues as representative
  5. 5 Defendant’s interest and liability to be shown
  6. 6 Grounds of exemption from limitation law
  7. 7 Relief to be specifically stated
  8. 8 Relief founded on separate grounds
  9. 9 Procedure on admitting plaint
  10. 10 Return of plaint
  11. 10A Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return
  12. 10B Power of appellate Court to transfer suit to the proper Court
  13. 11 Rejection of plaint
  14. 12 Procedure on rejecting plaint
  15. 13 Where rejection of plaint does not preclude presentation of fresh plaint
  16. 14 Production of document on which plaintiff sues or relies
  17. 15 Statement in case of documents not in plaintiff’s possession or powers (Omitted)
  18. 16 Suits on lost negotiable instruments
  19. 17 Production of shop-book
  20. 18 Inadmissibility of document not produced when plaint filed (Omitted)

Order VIII: Written Statement, Set-off And Counter Claim

  1. 1 Written statement
  2. 1A Duty of defendant to produce documents upon which relief is claimed or relied upon by him
  3. 2 New facts must be specially pleaded
  4. 3 Denial to be specific
  5. 4 Evasive denial
  6. 5 Specific denial
  7. 6 Particulars of set-off to be given in written statement
  8. 6A Counter-claim by defendant
  9. 6B Counter-claim to be stated
  10. 6C Exclusion of counter-claim
  11. 6D Effect of discontinuance of suit
  12. 6E Default of plaintiff to reply to counter-claim
  13. 6F Relief to defendant where counter-claim succeeds
  14. 6G Rules relating to written statement to apply
  15. 7 Defence or set-off founded upon separate grounds
  16. 8 New ground of defence
  17. 8A Duty of defendant to produce documents upon which relief is claimed by him (Omitted)
  18. 9 Subsequent pleadings
  19. 10 Procedure when party fails to present written statement called for by Court

Order IX: Appearance Of Parties And Consequence Of Non-appearance

  1. 1 Parties to appear on day fixed in summons for defendant to appear and answer
  2. 2 Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs
  3. 3 Where neither party appears suit to be dismissed
  4. 4 Plaintiff may bring fresh suit or Court may restore suit to file
  5. 5 Dismissal of suit where plaintiff after summons returned unserved, fails for seven days to apply for fresh summons
  6. 6 Procedure when only plaintiff appears
  7. 7 Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance
  8. 8 Procedure where defendant only appears
  9. 9 Decree against plaintiff by default bars fresh suit
  10. 10 Procedure in case of non-attendance of one or more of several plaintiffs
  11. 11 Procedure in case of non-attendance of one or more of several defendants
  12. 12 Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person
  13. 13 Setting aside decree ex parte against defendant
  14. 14 No decree to be set aside without notice to opposite party

Order X: Examination Of Parties By The Court

  1. 1 Ascertainment whether allegations in pleadings are admitted or denied
  2. 1A Direction of the court to opt for any one mode of alternative dispute resolution
  3. 1B Appearance before the conciliatory forum or authority
  4. 1C Appearance before the court consequent to the failure of efforts of conciliation
  5. 2 Oral examination of party, or companion of party
  6. 3 Substance of examination to be written
  7. 4 Consequence of refusal or inability of pleader to answer

Order XI: Discovery And Inspection

  1. 1 Discovery by interrogatories
  2. 2 Particular interrogatories to be submitted
  3. 3 Costs of interrogatories
  4. 4 Form of interrogatories
  5. 5 Corporations
  6. 6 Objections to interrogatories by answer
  7. 7 Setting aside and striking out interrogatories
  8. 8 Affidavit in answer, filing
  9. 9 Form of affidavit in answer
  10. 10 No exception to be taken
  11. 11 Order to answer or answer further
  12. 12 Application for discovery of documents
  13. 13 Affidavit of documents
  14. 14 Production of documents
  15. 15 Inspection of documents referred to in pleadings or affidavits
  16. 16 Notice to produce
  17. 17 Time for inspection when notice given
  18. 18 Order for inspection
  19. 19 Verified copies
  20. 20 Premature discovery
  21. 21 Non-compliance with order for discovery
  22. 22 Using answer to interrogatories at trial
  23. 23 Order to apply to minors

Order XI (Commercial Courts): Disclosure, Discovery And Inspection Of Documents In Suits Before The Commercial Division Of A High Court Or A Commercial Court

  1. 1 Disclosure and discovery of documents
  2. 2 Discovery by interrogatories
  3. 3 Inspection
  4. 4 Admission and denial of documents
  5. 5 Production of documents
  6. 6 Electronic records
  7. 7 Certain provisions of the Code of Civil Procedure, 1908 not to apply

Order XII: Admissions

  1. 1 Notice of admission of case
  2. 2 Notice to admit documents
  3. 2A Document to be deemed to be admitted if not denied after service of notice to admit documents
  4. 3 Form of notice
  5. 3A Power of Court to record admission
  6. 4 Notice to admit acts
  7. 5 Form of admissions
  8. 6 Judgment on admissions
  9. 7 Affidavit of signature
  10. 8 Notice to produce documents
  11. 9 Costs

Order XIII: Production, Impounding And Return Of Documents

  1. 1 Original documents to be produced at or before the settlement of issues
  2. 2 Effect of non-production of documents (Repealed)
  3. 3 Rejection of irrelevant or inadmissible documents
  4. 4 Endorsements on documents admitted in evidence
  5. 5 Endorsements on copies of admitted entries in books, accounts and records
  6. 6 Endorsements on documents rejected an inadmissible in evidence
  7. 7 Recording of admitted and return of rejected documents
  8. 8 Court may order any document to be impounded
  9. 9 Return of admitted documents
  10. 10 Court may send for papers from its own records or from other Courts
  11. 11 Provisions as to documents applied to material objects

Order XIII-A: Summary Judgment

  1. 1 Scope of and classes of suits to which this Order applies
  2. 2 Stage for application for summary judgment
  3. 3 Grounds for summary judgment
  4. 4 Procedure
  5. 5 Evidence for hearing of summary judgment
  6. 6 Orders that may be made by Court
  7. 7 Conditional order
  8. 8 Power to impose costs

Order XIV: Settlement Of Issues And Determination Of Suit On Issues Of Law Or On Issues Agreed Upon

  1. 1 Framing of issues
  2. 2 Court to pronounce judgment on all issues
  3. 3 Materials from which issues may be framed
  4. 4 Court may examine witnesses or documents before framing issues
  5. 5 Power to amend and strike out, issues
  6. 6 Questions of fact or law may by agreement be stated in form of issues
  7. 7 Court, if satisfied that agreement was executed in good faith, may pronounce judgment

Order XV: Disposal Of The Suit At The First Hearing

  1. 1 Parties not at issue
  2. 2 One of several defendants not at issue
  3. 3 Parties at issue
  4. 4 Failure to produce evidence

Order XV-A: Case Management Hearing

  1. 1 First Case Management Hearing
  2. 2 Orders to be passed in a Case Management Hearing
  3. 3 Time limit for the completion of a trial
  4. 4 Recording of oral evidence on a day-to-day basis
  5. 5 Case Management Hearings during a trial
  6. 6 Powers of the Court in a Case Management Hearing
  7. 7 Adjournment of Case Management Hearing
  8. 8 Consequences of non-compliance with orders

Order XVI: Summoning And Attendance Of Witnesses

  1. 1 List of witnesses and summons to witnesses
  2. 1A Production of witnesses without summons
  3. 2 Expenses of witness to be paid into Court on applying for summons
  4. 3 Tender of expenses to witness
  5. 4 Procedure where insufficient sum paid in
  6. 5 Time, place and purpose of attendance to be specified in summons
  7. 6 Summons to produce document
  8. 7 Power to require persons present in Court to give evidence or produce document
  9. 7A Summons given to the party for service
  10. 8 Summons how served
  11. 9 Time for serving summons
  12. 10 Procedure where witness fails to comply with summons
  13. 11 If witness appears, attachment may be withdrawn
  14. 12 Procedure if witness fails to appear
  15. 13 Mode of attachment
  16. 14 Court may of its own accord summon as witnesses strangers to suit
  17. 15 Duty of persons summoned to give evidence or produce document
  18. 16 When they may depart
  19. 17 Application of rules 10 to 13
  20. 18 Procedure where witness apprehended cannot give evidence or produce document
  21. 19 No witness to be ordered to attend in person unless resident within certain limits
  22. 20 Consequence of refusal of party to give evidence when called on by Court
  23. 21 Rules as to witnesses to apply to parties summoned

Order XVI-A: Attendance Of Witnesses Confined Or Detained In Prisons

  1. 1 Definitions
  2. 2 Power to require attendance of prisoners to give evidence
  3. 3 Expenses to be paid into Court
  4. 4 Power of State Government to exclude certain persons from the operation of rule 2
  5. 5 Officer in charge of prison to abstain from carrying out order in certain cases
  6. 6 Prisoner to be brought to Court in custody
  7. 7 Power to issue commission for examination of witness in prison

Order XVII: Adjournment

  1. 1 Court may grant time and adjourn hearing
  2. 2 Procedure if parties fail to appear on day fixed
  3. 3 Court may proceed notwithstanding either party fails to produce evidence, etc

Order XVIII: Hearing Of The Suit And Examination Of Witnesses

  1. 1 Right to begin
  2. 2 Statement and production of evidence
  3. 3 Evidence where several issues
  4. 3A Party to appear before other witnesses
  5. 4 Recording of evidence
  6. 5 How evidence shall be taken in appealable cases
  7. 6 When deposition to be interpreted
  8. 7 Evidence under section 138
  9. 8 Memorandum when evidence not taken down by Judge
  10. 9 When evidence may be taken in English
  11. 10 Any particular question and answer may be taken down
  12. 11 Questions objected to and allowed by Court
  13. 12 Remarks on demeanour of witnesses
  14. 13 Memorandum of evidence in unappealable cases
  15. 14 Judge unable to make such memorandum to record reasons of his inability (Omitted)
  16. 15 Power to deal with evidence taken before another Judge
  17. 16 Power to examine witness immediately
  18. 17 Court may recall and examine witness
  19. 17A Production of evidence not previously known or which could not be produced despite due diligence (Omitted)
  20. 18 Power of Court to inspect
  21. 19 Power to get statements recorded on commission

Order XIX: Affidavits

  1. 1 Power to order any point to be proved by affidavit
  2. 2 Power to order attendance of deponent for cross-examination
  3. 3 Matters to which affidavits shall be confined

Order XX: Judgment And Decree

  1. 1 Judgment when pronounced
  2. 2 Power to pronounce judgment written by Judge’s predecessor
  3. 3 Judgment to be signed
  4. 4 Judgments of Small Cause Courts
  5. 5 Court to state its decision on each issue
  6. 5A Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders
  7. 6 Contents of decree
  8. 6A Preparation of decree
  9. 6B Copies of judgments when to be made available
  10. 7 Date of decree
  11. 8 Procedure where Judge has vacated office before signing decree
  12. 9 Decree for recovery of immovable property
  13. 10 Decree for delivery of movable property
  14. 11 Decree may direct payment by instalments
  15. 12 Decree for possession and mesne profits
  16. 12A Decree for specific performance of contract for the sale or lease of immovable property
  17. 13 Decree in administration suit
  18. 14 Decree in pre-emption suit
  19. 15 Decree in suit for dissolution of partnership
  20. 16 Decree in suit for account between principal and agent
  21. 17 Special directions as to accounts
  22. 18 Decree in suit for partition of property or separate possession of a share therein
  23. 19 Decree when set-off or counter-claim is allowed
  24. 20 Certified copies of judgment and decree to be furnished

Order XX-A: Costs

  1. 1 Provisions relating to certain items
  2. 2 Costs to be awarded in accordance with the rules made by High Court

Order XXI: Execution Of Decrees And Orders

  1. 1 Modes of paying money under decree
  2. 2 Payment out of Court to decree-holder
  3. 3 Lands situate in more than one jurisdiction
  4. 4 Transfer to Court of Small Causes
  5. 5 Mode of transfer
  6. 6 Procedure where Court desires that its own decree shall be executed by another Court
  7. 7 Court receiving copies of decree, etc., to file same without proof
  8. 8 Execution of decree or order by Court to which it is sent
  9. 9 Execution by High court of decree transferred by other Court
  10. 10 Application for execution
  11. 11 Oral application
  12. 11A Application for arrest to state grounds
  13. 12 Application for attachment of movable property not in judgment-debtor’s possession
  14. 13 Application for attachment of immovable property to contain certain particulars
  15. 14 Power to require certified extract from Collector’s register in certain cases
  16. 15 Application for execution by joint decree-holders
  17. 16 Application for execution by transferee of decree
  18. 17 Procedure on receiving application for execution of decree
  19. 18 Execution in case of cross-decrees
  20. 19 Execution in case of cross-claims under same decree
  21. 20 Cross-decrees and cross-claims in mortgage suits
  22. 21 Simultaneous execution
  23. 22 Notice to show cause against execution in certain cases
  24. 22A Sale not to be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale
  25. 23 Procedure after issue of notice
  26. 24 Process for execution
  27. 25 Endorsement on process
  28. 26 When Court may stay execution
  29. 27 Liability of judgment-debtor discharged
  30. 28 Order of Court which passed decree or of Appellate Court to be binding upon Court applied to
  31. 29 Stay of execution pending suit between decree-holder and judgment-debtors
  32. 30 Decree for payment of money
  33. 31 Decree for specific movable property
  34. 32 Decree for specific performance for restitution of conjugal rights, or for an injunction
  35. 33 Discretion of Court in executing decrees for restitution of conjugal rights
  36. 34 Decree for execution of document, or endorsement of negotiable instrument
  37. 35 Decree for immovable property
  38. 36 Decree for delivery of immovable property when in occupancy of tenant
  39. 37 Discretionary power to permit judgment-debtor to show cause against detention in prison
  40. 38 Warrant for arrest to direct judgment-debtor to be brought up
  41. 39 Subsistence-allowance
  42. 40 Proceedings on appearance of judgment-debtor in obedience to notice or after arrest
  43. 41 Examination of judgment-debtor as to his property
  44. 42 Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined
  45. 43 Attachment of movable property, other than agricultural produce, in possession of judgment- debtor
  46. 43A Custody of movable property
  47. 44 Attachment of agricultural produce
  48. 45 Provisions as to agricultural produce under attachment
  49. 46 Attachment of debt, share and other property not in possession of judgment-debtor
  50. 46A Notice to garnishee
  51. 46C Trial of disputed questions
  52. 46D Procedure where debt belongs to third person
  53. 46E Order as regards third person
  54. 46F Payment by garnishee to be valid discharge
  55. 46G Costs
  56. 46H Appeals
  57. 46I Application to negotiable instruments
  58. 47 Attachment of share in movables
  59. 48 Attachment of salary or allowances of servant of the Government or railway company or local authority
  60. 49 Attachment of partnership property
  61. 50 Execution of decree against firm
  62. 51 Attachment of negotiable instruments
  63. 52 Attachment of property in custody of Court or public officer
  64. 53 Attachment of decrees
  65. 54 Attachment of immovable property
  66. 55 Removal of attachment after satisfaction of decree
  67. 56 Order for payment of coin or currency notes to party entitled under decree
  68. 57 Determination of attachment
  69. 58 Adjudication of claims to, or objections to attachment, of property
  70. 59 Stay of sale
  71. 60 Release of property from attachment (Omitted)
  72. 61 Disallowance of claim to property attached (Omitted)
  73. 62 Continuance of attachment subject to claim of incumbrancer (Omitted)
  74. 63 Saving of suits to establish right to attached property (Omitted)
  75. 64 Power to order property attached to be sold and proceeds to be paid to person entitled
  76. 65 Sales by whom conducted and how made
  77. 66 Proclamation of sales by public auction
  78. 67 Mode of making proclamation
  79. 68 Time of sale
  80. 69 Adjournment or stoppage of sale
  81. 70 Saving of certain sales (Omitted)
  82. 71 Defaulting purchaser answerable for loss on re-sale
  83. 72 Decree-holder not to bid for or buy property without permission
  84. 72A Mortgagee not to bid at sale without the leave of the Court
  85. 73 Restriction on bidding or purchase by officers
  86. 74 Sale of agricultural produce
  87. 75 Special provisions relating to growing crops
  88. 76 Negotiable instruments and shares in corporations
  89. 77 Sale by public auction
  90. 78 Irregularity not to vitiate sale, but any person injured may sue
  91. 79 Delivery of movable property, debts and shares
  92. 80 Transfer of negotiable instruments and shares
  93. 81 Vesting order in case of other property
  94. 82 What Courts may order sales
  95. 83 Postponement of sale to enable judgment-debtor to raise amount of decree
  96. 84 Deposit by purchaser and re-sale on default
  97. 85 Time for payment in full of purchase-money
  98. 86 Procedure in default of payment
  99. 87 Notification on re-sale
  100. 88 Bid of co-sharer to have preference
  101. 89 Application to set aside sale on deposit
  102. 90 Application to set aside sale on ground of irregularity or fraud
  103. 91 Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest
  104. 92 Sale when to become absolute or be set aside
  105. 93 Return of purchaser-money in certain cases
  106. 94 Certificate to purchaser
  107. 95 Delivery of property in occupancy of judgment-debtor
  108. 96 Delivery of property in occupancy of tenant
  109. 97 Resistance or obstruction to possession of immovable property
  110. 98 Orders after adjudication
  111. 99 Dispossession by decree-holder or purchaser
  112. 100 Order to be passed upon application complaining of dispossession
  113. 101 Question to be determined
  114. 102 Rules not applicable to transferee pendente lite
  115. 103 Orders to be treated as decrees
  116. 104 Orders under rule 101 or rule 103 to be subject to the result of pending suit
  117. 105 Hearing of application
  118. 106 Setting aside orders passed ex parte, etc

Order XXII: Death, Marriage And Insolvency Of Parties

  1. 1 No abatement by party’s death if right to sue survives
  2. 2 Procedure where one of several plaintiffs or defendants dies and right to sue survives
  3. 3 Procedure in case of death of one of several plaintiffs or of sole plaintiff
  4. 4 Procedure in case of death of one of several defendants or of sole defendant
  5. 4A Procedure where there is no legal representative
  6. 5 Determination of question as to legal representative
  7. 6 No abatement by reason of death after hearing
  8. 7 Suit not abated by marriage of female party
  9. 8 When plaintiffs insolvency bars suit
  10. 9 Effect of abatement or dismissal
  11. 10 Procedure in case of assignment before final order in suit
  12. 10A Duty of pleader to communicate to Court death of a party
  13. 11 Application of Order to appeals
  14. 12 Application of Order to proceedings

Order XXIII: Withdrawal And Adjustment Of Suits

  1. 1 Withdrawal of suit or abandonment of part of claim
  2. 1A When transposition of defendants as plaintiffs may be permitted
  3. 2 Limitation law not affected by first suit
  4. 3 Compromise of suit
  5. 3A Bar to suit
  6. 3B No agreement or compromise to be entered in a representative suit without leave of Court
  7. 4 Proceedings in execution of decrees not affected

Order XXIV: Payment Into Court

  1. 1 Deposit by defendant of amount in satisfaction of claim
  2. 2 Notice of deposit
  3. 3 Interest on deposit not allowed to plaintiff after notice
  4. 4 Procedure where plaintiff accepts deposit as satisfaction in part

Order XXV: Security For Costs

  1. 1 When security for costs may be required from plaintiff
  2. 2 Effect of failure to furnish security

Order XXVI: Commissions

  1. 1 Cases in which Court may issue commission to examine witness
  2. 2 Order for commission
  3. 3 Where witness resides within Court’s jurisdiction
  4. 4 Persons for whose examination commission may issue
  5. 4A Commission for examination of any person resident within the local limits of the jurisdiction of the Court
  6. 5 Commission or request to examine witness not within India
  7. 6 Court to examine witness pursuant to commission
  8. 7 Return of commission with depositions of witnesses
  9. 8 When depositions may be read in evidence
  10. 9 Commissions to make local investigations
  11. 10 Procedure of Commissioner
  12. 10A Commission for scientific investigation
  13. 10B Commission for performance of a ministerial act
  14. 10C Commission for the sale of movable property
  15. 11 Commission to examine or adjust accounts
  16. 12 Court to give Commissioner necessary instructions
  17. 13 Commission to make partition of immovable property
  18. 14 Procedure of Commissioner
  19. 15 Expenses of commission to be paid into Court
  20. 16 Powers of Commissioners
  21. 16A Questions objected to before the Commissioner
  22. 17 Attendance and examination of witnesses before Commissioner
  23. 18 Parties to appear before Commissioner
  24. 18A Application of order to execution proceedings
  25. 18B Court to fix a time for return of Commission
  26. 19 Cases in which High Court may issue commission to examine witness
  27. 20 Application for issue of commission
  28. 21 To whom commission may be issued
  29. 22 Issue, execution and return of commissions, and transmission of evidence to foreign Court

Order XXVII: Suits By Or Against The Government Or Public Officers In Their Official Capacity

  1. 1 Suits by or against Government
  2. 2 Persons authorised to act for Government
  3. 3 Plaints in suits by or against Government
  4. 4 Agent for Government to receive process
  5. 5 Fixing of day for appearance on behalf of Government
  6. 5A Government to be joined as a party in a suit against a public officer
  7. 5B Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement
  8. 6 Attendance of person able to answer questions relating to suit against Government
  9. 7 Extension of time to enable public officer to make reference to Government
  10. 8 Procedure in suits against public officer
  11. 8A No security to be required from Government or a public officer in certain cases
  12. 8B Definitions of “Government” and “Government pleader”

Order XXVII-A: Suits Involving A Substantial Question Of Law As To The Interpretation Of The Constitution Or As To The Validity Of Any Statutory Instrument

  1. 1 Notice to the Attorney General or the Advocate-General
  2. 1A Procedure in suits involving validity of any statutory instrument
  3. 2 Court may add Government as party
  4. 2A Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument
  5. 3 Costs
  6. 4 Application of Order to appeals

Order XXVIII: Suits By Or Against Military Or Naval Men Or Airmen

  1. 1 Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them
  2. 2 Person so authorised may act personally or appoint pleader
  3. 3 Service on person so authorised, or on his pleader, to be good service

Order XXIX: Suits By Or Against Corporations

  1. 1 Subscription and verification of pleading
  2. 2 Service on corporation
  3. 3 Power to require personal attendance of officer of corporation

Order XXX: Suits By Or Against Firms And Persons Carrying On Business In Names Other Than Their Own

  1. 1 Suing of partners in name of firm
  2. 2 Disclosure of partners’ names
  3. 3 Service
  4. 4 Rights of suit on death of partner
  5. 5 Notice in what capacity served
  6. 6 Appearance of partners
  7. 7 No appearance except by partners
  8. 8 Appearance under protest
  9. 9 Suits between co-partners
  10. 10 Suit against person carrying on business in name other than his own

Order XXXI: Suits By Or Against Trustees, Executors And Administrators

  1. 1 Representation of beneficiaries in suits concerning property vested in trustees, etc
  2. 2 Joinder of trustees, executors and administrators
  3. 3 Husband of married executrix not to join

Order XXXII: Suits By Or Against Minors And Persons Of Unsound Mind

  1. 1 Minor to sue by next friend
  2. 2 Where suit is instituted without next friend, plaint to be taken off the file
  3. 2A Security to be furnished by next friend when so ordered
  4. 3 Guardian for the suit to be appointed by Court for minor defendant
  5. 3A Decree against minor not to be set aside unless prejudice has been caused to his interest
  6. 4 Who may act as next friend or be appointed guardian for the suit
  7. 5 Representation of minor by next friend or guardian for the suit
  8. 6 Receipt by next friend or guardian for the suit of property under decree for minor
  9. 7 Agreement or compromise by next friend or guardian for the suit
  10. 8 Retirement of next friend
  11. 9 Removal of next friend
  12. 10 Stay of proceedings on removal, etc., of next friend
  13. 11 Retirement, removal or death of guardian for the suit
  14. 12 Course to be followed by minor plaintiff or applicant on attaining majority
  15. 13 Where minor co-plaintiff attaining majority desires to repudiate suit
  16. 14 Unreasonable or improper suit
  17. 15 Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind
  18. 16 Savings

Order XXXII-A: Suits Relating To Matters Concerning The Family

  1. 1 Application of the Order
  2. 2 Proceedings to be held in camera
  3. 3 Duty of Court to make efforts for settlement
  4. 4 Assistance of welfare expert
  5. 5 Duty to enquire into facts
  6. 6 “Family”

Order XXXIII: Suits By Indigent Persons

  1. 1 Suits may be instituted by indigent persons
  2. 1A Inquiry into the means of an indigent person
  3. 2 Contents of application
  4. 3 Presentation of application
  5. 4 Examination of applicant
  6. 5 Rejection of application
  7. 6 Notice of day for receiving evidence of applicant’s indigency
  8. 7 Procedure at hearing
  9. 8 Procedure if application admitted
  10. 9 Withdrawal of permission to sue as an indigent person
  11. 9A Court to assign a pleader to an unrepresented indigent person
  12. 10 Costs where indigent person succeeds
  13. 11 Procedure where indigent person fails
  14. 11A Procedure where indigent person’s suit abates
  15. 12 State Government may apply for payment of court-fees
  16. 13 State Government to be deemed a party
  17. 14 Recovery of amount of court-fees
  18. 15 Refusal to allow applicant to sue as an indigent person to bar subsequent application of like nature
  19. 15A Grant of time for payment of court-fee
  20. 16 Costs
  21. 17 Defence by an indigent person
  22. 18 Power of Government to provide for free legal services to indigent persons

Order XXXIV: Suits Relating To Mortgages Of Immovable Property

  1. 1 Parties to suits for foreclosure, sale and redemption
  2. 2 Preliminary decree in foreclosure-suit
  3. 3 Final decree in foreclosure-suit
  4. 4 Preliminary decree in suit for sale
  5. 5 Final decree in suit for sale
  6. 6 Recovery of balance due on mortgage in suit for sale
  7. 7 Preliminary decree in redemption suit
  8. 8 Final decree in redemption suit
  9. 8A Recovery of balance due on mortgage in suit for redemption
  10. 9 Decree where nothing is found due or where mortgagee has been overpaid
  11. 10 Costs of mortgagee subsequent to decree
  12. 10A Power of Court to direct mortgagee to pay mesne profits
  13. 11 Payment of interest
  14. 12 Sale of property subject to prior mortgage
  15. 13 Application of proceeds
  16. 14 Suit for sale necessary for bringing mortgaged property to sale
  17. 15 Mortgages by the deposit of title-deeds and charges

Order XXXV: Interpleader

  1. 1 Plaint in interpleader-suit
  2. 2 Payment of thing claimed into Court
  3. 3 Procedure where defendant is suing plaintiff
  4. 4 Procedure at first hearing
  5. 5 Agents and tenants may not institute interpleader-suits
  6. 6 Charge for plaintiff's costs

Order XXXVI: Special Case

  1. 1 Power to state case for Court’s opinion
  2. 2 Where value of subject-matter must be stated
  3. 3 Agreement to be filed and registered as suit
  4. 4 Parties to be subject to Court's jurisdiction
  5. 5 Hearing and disposal of case
  6. 6 No appeal from a decree passed under rule 5

Order XXXVII: Summary Procedure

  1. 1 Courts and classes of suits to which the Order is to apply
  2. 2 Institution of summary suits
  3. 3 Procedure for the appearance of defendant
  4. 4 Power to set aside decree
  5. 5 Power to order bill, etc., to be deposited with officer of Court
  6. 6 Recovery of cost of noting non-acceptance of dishonoured bill or note
  7. 7 Procedure in suits

Order XXXVIII: Arrest And Attachment Before Judgment

  1. 1 Where defendant may be called upon to furnish security for appearance
  2. 2 Security
  3. 3 Procedure on application by surety to be discharged
  4. 4 Procedure where defendant fails to furnish security or find fresh security
  5. 5 Where defendant may be called upon to furnish security for production of property
  6. 6 Attachment where cause not shown or security not furnished
  7. 7 Mode of making attachment
  8. 8 Adjudication of claim to property attached before judgment
  9. 9 Removal of attachment when security furnished or suit dismissed
  10. 10 Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale
  11. 11 Property attached before judgment not to be re-attached in execution of decree
  12. 11A Provisions applicable to attachment
  13. 12 Agricultural produce not attachable before judgment
  14. 13 Small Cause Court not to attach immovable property

Order XXXIX: Temporary Injunctions And Interlocutory Orders

  1. 1 Cases in which temporary injunction may be granted
  2. 2 Injunction to restrain repetition or continuance of breach
  3. 2A Consequence of disobedience or breach of injunction
  4. 3 Before granting injunction, Court to direct notice to opposite party
  5. 3A Court to dispose of application for injunction within thirty days
  6. 4 Order for injunction may be discharged, varied or set aside
  7. 5 Injunction to corporation binding on its officers
  8. 6 Power to order interim sale
  9. 7 Detention, preservation, inspection, etc., of subject-matter of suit
  10. 8 Application for such orders to be after notice
  11. 9 When party may be put in immediate possession of land the subject-matter of suit
  12. 10 Deposit of money, etc., in Court

Order XL: Appointment Of Receivers

  1. 1 Appointment of receivers
  2. 2 Remuneration
  3. 3 Duties
  4. 4 Enforcement of receiver’s duties
  5. 5 When Collector may be appointed receiver

Order XLI: Appeals From Original Decrees

  1. 1 Form of appeal
  2. 2 Grounds which may be taken in appeal
  3. 3 Rejection or amendment of memorandum
  4. 3A Application for condonation of delay
  5. 4 One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all
  6. 5 Stay by Appellate Court
  7. 6 Security in case of order for execution of decree appealed from
  8. 7 No security to be required from the Government or a public officer in certain cases (Repealed)
  9. 8 Exercise of powers in appeal from order made in execution of decree
  10. 9 Registry of memorandum of appeal
  11. 10 Appellate Court may require appellant to furnish security for costs
  12. 11 Power to dismiss appeal without sending notice to Lower Court
  13. 11A Time within which hearing under rule 11 should be concluded
  14. 12 Day for hearing appeal
  15. 13 Appellate Court to give notice to Court whose decree appealed from (Omitted)
  16. 14 Publication and service of notice of day for hearing appeal
  17. 15 Contents of notice (Omitted)
  18. 16 Right to begin
  19. 17 Dismissal of appeal for appellant's default
  20. 18 Dismissal of appeal where notice not served in consequence of appellant’s failure to deposit cost (Omitted)
  21. 19 Re-admission of appeal dismissed for default
  22. 20 Power to adjourn hearing and direct persons appearing interested to be made respondents
  23. 21 Re-hearing on application of respondent against whom ex parte decree made
  24. 22 Upon hearing respondent may object to decree as if he had preferred a separate appeal
  25. 23 Remand of case by Appellate Court
  26. 23A Remand in other cases
  27. 24 Where evidence on record sufficient, Appellate Court may determine case finally
  28. 25 Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from
  29. 26 Findings and evidence to be put on record
  30. 26A Order of remand to mention date of next hearing
  31. 27 Production of additional evidence in Appellate Court
  32. 28 Mode of taking additional evidence
  33. 29 Points to be defined and recorded
  34. 30 Judgment when and where pronounced
  35. 31 Contents, date and signature of judgment
  36. 32 What judgment may direct
  37. 33 Power of Court of appeal
  38. 34 Dissent to be recorded
  39. 35 Date and contents of decree
  40. 36 Copies of judgment and decree to be furnished to parties
  41. 37 Certified copy of decree to be sent to Court whose decree appealed from

Order XLII: Appeals From Appellate Decrees

  1. 1 Procedure
  2. 2 Power of Court to direct that the appeal be heard on the question formulated by it
  3. 3 Application of rule 14 of Order XLL

Order XLIII: Appeals From Orders

  1. 1 Appeals from orders
  2. 1A Right to challenge non-appealable orders in appeal against decrees
  3. 2 Procedure

Order XLIV: Appeals By Indigent Persons

  1. 1 Who may appeal as an indigent person
  2. 2 Grant of time for payment of Court-fee
  3. 3 Inquiry as to whether applicant is an indigent person

Order XLV: Appeals To The Supreme Court

  1. 1 “Decree” defined
  2. 2 Application to Court whose decree complained of
  3. 3 Certificate as to value or fitness
  4. 4 Consolidation of suits (Repealed)
  5. 5 Remission of dispute to Court of first instance (Repealed)
  6. 6 Effect of refusal of certificate
  7. 7 Security and deposit required on grant of certificate
  8. 8 Admission of appeal and procedure thereon
  9. 9 Revocation of acceptance of security
  10. 9A Power to dispense with notices in case of deceased parties
  11. 10 Power to order further security or payment
  12. 11 Effect of failure to comply with order
  13. 12 Refund of balance deposit
  14. 13 Powers of Court pending appeal
  15. 14 Increase of security found inadequate
  16. 15 Procedure to enforce orders of the Supreme Court
  17. 16 Appeal from order relating to execution
  18. 17 Appeals to Federal Court (Repealed)

Order XLVI: Reference

  1. 1 Reference of question to High Court
  2. 2 Court may pass decree contingent upon decision of High Court
  3. 3 Judgment of High Court to be transmitted, and case disposed of accordingly
  4. 4 Costs of reference to High Court
  5. 4A Reference to High Court under proviso to section 113
  6. 5 Power to alter, etc., decree of Court making reference
  7. 6 Power to refer to High Court questions as to jurisdiction in small causes
  8. 7 Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes

Order XLVII: Review

  1. 1 Application for review of judgment
  2. 2 To whom applications for review may be made (Repealed)
  3. 3 Form of applications for review
  4. 4 Application where rejected
  5. 5 Application for review in Court consisting of two or more Judges
  6. 6 Application where rejected
  7. 7 Order of rejection not appealable
  8. 8 Registry of application granted, and order for re-hearings
  9. 9 Bar of certain applications

Order XLVIII: Miscellaneous

  1. 1 Process to be served at expense of party issuing
  2. 2 Orders and notices how served
  3. 3 Use of forms in appendices

Order XLIX: Chartered High Courts

  1. 1 Who may serve processes of High Court
  2. 2 Saving in respect of Chartered High Courts
  3. 3 Application of rules

Order L: Provincial Small Cause Courts

  1. 1 Provincial Small Cause Courts

Order LI: Presidency Small Cause Courts

  1. 1 Presidency Small Cause Courts