Section 18. Parties to appear before Commissioner

18. Parties to appear before Commissioner.— (1) Where a commission is issued under this Order, the Court shall direct that the parties to the suit shall appear before the Commissioner in person or by their agents or pleaders. (2) Where all or any of the parties do not so appear, the Commissioner may proceed in their absence. 1 [18A. Application of order to execution proceedings.— The provisions of this Order shall apply, so far as may be, to proceedings in execution of a decree or order. 18. Power of Government to provide for free legal services to indigent persons .—(1) Subject to the provisions of this Order, the Central or State Government may make such supplementary provisions as it thinks fit for providing free legal services to those who have been permitted to sue as indigent persons. (2) The High Court may, with the previous approval of the State Government, make rules for carrying out the supplementary provisions made by the Central or State Government for providing free legal services to indigent persons referred to in sub-rule (1), and such rules may include the nature and extent of such legal services, the conditions under which they may be made available, the matters in respect of which, and the agencies through which, such services may be rendered.] 1. Subs. by the A.O. 1950, for "Provincial Government" which had been subs. by the A.O. 1937, for "Government". 2. Subs. by s. 2, ibid. , for "or rule 11". 3. Subs. by Act 104 of 1976, s. 2 for the rule 14. 4. Subs. by s. 81, ibid ., for "pauper" (w.e.f. 1-2-1977). 5. Subs. by s. 81, ibid. , for "provided that he first pays" (w.e.f. 1-2-1977). 6. Ins. by Act 104 of 1976, s. 81 . (w.e.f. 1-2-1977). 7. Omitted by Act 19 of 1988, s. 3 and the Second Schedule. 8. Ins. by s. 81, ibid. (w.e.f. .1-2-1977). ORDER XXXIV Suits relating to mortgages of immovable property 1 . Parties to suits for foreclosure sale and redemption.— Subject to the provisions of this Code, all persons having an interest either in the mortgage-security or in the right of redemption shall be joined as parties to any suit relating to the mortgage. Explanation. —A puisne mortgagee may sue for foreclosure or for sale without making the prior mortgagee a party to the suit; and a prior mortgagee need not be joined in a suit to redeem a subsequent mortgage. 1 [2. Preliminary decree in foreclosure suit.— (1) In a suit for foreclosure, if the plaintiff succeeds, the Court shall pass a preliminary decree— (a) ordering that an account be taken of what was due to the plaintiff at the date of such decree for— (i) principal and interest on the mortgage, (ii) the costs of suit, if any, awarded to him, and (iii) other costs, charges and expenses properly incurred by him up to that date in respect of his mortgage-security, together with interest thereon; or (b) declaring the amount so due at that date; and (c) directing— 18. Endorsement of time and manner of service. —The serving officer shall, in all cases in which the summons has been served under rule 16, endorse or annex, or cause to be endorsed or annexed, on or to the original summons, a return stating the time when and the manner in which the summons was served, and the name and address of the person (if any) identifying the person served and witnessing the delivery or tender of the summons. (i) that, if the defendant pays into Court the amount so found or declared due on or before such date as the Court may fix within six months from the date on which the Court confirms and countersigns the account taken under clause (a), or from the date on which such amount is declared in Court under clause (b), as the case may be, and thereafter pays such amount as may be adjudged due in respect of subsequent costs, charges and expenses as provided in rule 10, together with subsequent interest on such sums respectively as provided in rule 11, the plaintiff shall deliver up to the defendant, or to such person as the defendant appoints, all documents in his possession or power relating to the mortgaged property, and shall, if so required, re-transfer the property to the defendant at his cost free from the mortgage and from all incumbrances created by the plaintiff or any person claiming under him, or, where the plaintiff claims by derived title, by those under whom he claims, and shall also, if necessary, put the defendant in possession of the property; and 18. Failure to amend after Order.— If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the Court.] STATE AMENDMENT Uttar Pradesh Amendment of Order VI of the First Schedule.— In the First Schedule to the said Code, in Order VI, in rule 15, in sub-rule (1), for words, "on oath administered by an officer empowered under section 137 of the Code," [ Vide Uttar Pradesh Act 31 of 1978, s. 4] 1. Ins. by Act 46 of 1999, s. 16 (w.e.f. 1-7-2002). 2. Subs. by Act 104 of 1976, s. 56, for rule 16 (w.e.f. 1-2-1977). 3. Subs. by Act 22 of 2002, s. 7, for rules 17 and 18 (w.e.f. 1-7-2002). * Ins. by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015). ORDER VII Plaint (ii) that, if payment of the amount found or declared due under or by the preliminary decree is not made on or before the date so fixed, or the defendant fails to pay, within such time as the Court may fix, the amount adjudged due in respect of subsequent costs, charges, expenses and interest, the plaintiff shall be entitled to apply for a final decree debarring the defendant from all right to redeem the property. made on or before the date so fixed, or the defendant fails to pay, within such time as the Court (2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time to time, at any time before a final decree is passed, extend the time fixed for the payment of the amount found or declared due under sub-rule (1) or of the amount adjudged due in respect of subsequent costs, charges, expenses and interest. (3) Where, in a suit for foreclosure, subsequent mortgagees or persons deriving title from, or subrogated to the rights of, any such mortgagees are joined as parties, the preliminary decree shall provide for the adjudication of the respective rights and liabilities of the parties to the suit in the manner and form set forth in Form No. 9 or Form No. 10, as the case may be, of Appendix D with such variations as the circumstances of the case may require. 18. Order for inspection.— (1) Where the party served with notice rule 15 omits to give such notice of a time for inspection or objects to give inspection, or offers inspection elsewhere than at the office of 1. Subs. by Act 46 of 1999, s. 21, for "at any time" (w.e.f. 1-7-2002). 2. Ins. by Act 104 of 1976, s. 61 (w.e.f. 1-2-1977). his pleader, the Court may, on the application of the party desiring it, make an order for inspection in such place and in such manner as it may think fit: Provided that the order shall not be made when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs. (2) Any application to inspect documents, except such as are referred to in the pleadings, particulars or affidavit of the party against whom the application is made or disclosed in his affidavit of documents, shall be founded upon an affidavit showing of what documents inspection is sought, that the party applying is entitled to inspect them, and that they are in the possession or power of the other party. The Court shall not make such order for inspection of such documents when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs. 18. Procedure where witness apprehended cannot give evidence or produce document.— Where any person arrested under a warrant is brought before the Court in custody and cannot, owing to the absence of the parties or any of them, give the evidence or produce the document which he has been summoned to give or produce, the court may require him to give reasonable bail or other security for his appearance at such time and place as it thinks fit, and, on such bail or security being given, may release him, and, in default of his giving such bail or security, may order him to be detained in the civil prison. 18. Power of Court to inspect.— The Court may at any stage of a suit inspect any property or thing concerning which any question may arise[5] [and where the Court inspects any property or thing it shall, as soon as may be practicable, make a memorandum of any relevant facts observed at such inspection and such memorandum shall form a part of the record of the suit]. 1. Subs. by Act 104 of 1976, s. 69 for rule 9 (w.e.f. 1-2-1977). 18. Decree in suit for partition of property or separate possession of a share therein.— Where the Court passes a decree for the partition of property or for the separate possession of a share therein, then,— (1) if and in so far as the decree relates to an estate assessed to the payment of revenue to the Government, the decree shall declare the rights of the several parties interested in the property, but shall direct such partition or separation to be made by the Collector, or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with such declaration and with the provisions of section 54; (2) if and in so far as such decree relates to any other immovable property or to movable property, the Court may, if the partition or separation cannot be conveniently made without further inquiry, pass a preliminary decree declaring the rights of the several parties interested in the property and giving such further directions as may be required.