Section 16. Appeal from order relating to execution

16. Appeal from order relating to execution.— The orders made by the Court which executes the 3[decree or order] of 4[the Supreme Court], relating to such execution, shall be appealable in the same manner and subject to the same rules as the orders of such Court relating to the execution of its own decrees. 17. [ Appeals to Federal Court .] Rep. by the Federal Act, 1941 (21 of 1941), s . 2. STATE AMENDMENT Uttar Pradesh Amendment of Order XLV. In the First Schedule, in Order XLV, in rule 2, after sub- rule (2), the following sub-rule shall be inserted, namely :— "(3) Notwithstanding anything contained in sub-rule (1), whoever desires to appeal to the Supreme Court, may apply orally to the Court whose decree is to be complained of, immediately before or after the pronouncement of the judgment by the Court, for a certificate contemplated in sub-rule (1) of rule 3, and the Court may either grant or refuse the certificate, or direct the applicant to file a petition as required by sub-rule (1) ; Provided that if an oral application is entertained and rejected, no written petition under sub-rule (1) shall lie." [ Vide Uttar Pradesh Act 56 of 1957, s. 14] ORDER XLVI REFERENCE 16. Powers of commissioners.— Any commissioner appointed under this Order may, unless otherwise directed by the order of appointment,— (a) examine the parties themselves and any witness whom they or any of them may produce, and any other person whom the Commissioner thinks proper to call upon to give evidence in the matter referred to him; - (b) call for and examine documents and other things relevant to the subject of inquiry; (c) at any reasonable time enter upon or into any land or building mentioned in the order. 1 [16A. Questions objected to before the Commissioner .—(1) Where any question put to a witness is objected to by a party or his pleader in proceedings before a Commissioner appointed under this Order, the Commissioner shall take down the question, the answer, the objections and the name of the party or, as the case may be, the pleader so objecting: Provided that the Commissioner shall not take down the answer to a question which is objected to on the ground of privilege but may continue with the examination of the witness, leaving the party to get the question of privilege decided by the Court, and, where the Court decides that there is no question of privilege, the witness may be recalled by the Commissioner and examined by him or the witness may be examined by the Court with regard to the question which was objected to on the ground of privilege. (2) No answer taken down under sub-rule (1) shall be read as evidence in the suit except by the order of the Court.] 16. Person served to sign acknowledgment. —Where the serving officer delivers or tenders a copy of the summons to the defendant personally, or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgment of service endorsed on the original summons. 2[ 16. Striking out pleadings.— The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading— - (a) which may be unnecessary, scandalous, frivolous or vexatious, of - (b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or - (c) which is otherwise an abuse of the process of the Court.] 3[17. Amendment of pleadings.— The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties: Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial. 16. Notice to produce.— Notice to any party to produce any documents referred to in his pleading or affidavits shall be in Form No. 7 in Appendix C, with such variations as circumstances may require. 16. Decree in suit for account between principal and agent.— In a suit for an account of pecuniary transactions between a principal and an agent, and in any other suit not hereinbefore provided for, where it is necessary, in order to ascertain the amount of money due to or from any party, that an account should be taken, the Court shall, before passing its final decree, pass a preliminary decree directing such accounts to be taken as it thinks fit. 16. Application for execution by transferee of decree. —Where a decree or, if a decree has been passed jointly in favour of two or more persons, the interest of any decree-holder in the decree is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the Court which passed it; and the decree may be executed in the same manner and subject to the same conditions as if the application were made by such decree-holder: Provided that, where the decree, or such interest as aforesaid, has been transferred by assignment, notice of such application shall be given to the transferor and the judgment-debtor, and the decree shall not be executed until the Court has heard their objections (if any) to its execution: Provided also that, where a decree for the payment of money against two or more persons has been transferred to one of them, it shall not be executed against the others. 1[ Explanation. —Nothing in this rule shall affect the provisions of section 146, and a transferee of rights in the property, which is the subject matter of the suit, may apply for execution of the decree without a separate assignment of the decree as required by this rule.] 1[ 16. Savings.— (1) Nothing contained in this Order shall apply to the Ruler of a foreign State suing or being sued in the name of his State, or being sued by the direction of the Central Government in the name of an agent or in any other name. (2) Nothing contained in this Order shall be construed as affecting or in any way derogating from the provisions of any local law for the time being in force relating to suits by or against minors or by or against lunatics or other persons of unsound mind.] 2[ORDER XXXII-A Suits relating to matters concerning the family 16. Costs.— The costs of an application for permission to sue as[4] [an indigent person] and of an inquiry into indigency shall be costs in the suit. 8[ 17 . Defence by an indigent person.— Any defendant, who desire to plead a set-off or counter-claim, may be allowed to set up such claim as an indigent person, and the rules contained in this Order shall so far as may be, apply to him as if he were a plaintiff and his written statement were a plaint. 16. Right to begin.— (1) On the day fixed, or on any other day to which the hearing may be adjourned, the appellant shall be heard in support of the appeal. (2) The Court shall then, if it does not dismiss the appeal at once, hear the respondent against the appeal, and in such case the appellant shall be entitled to reply.